ORDERED that the motion to continue is granted and the hearing on Google's motion for a protective order is continued from Friday, August 25, 2023, to Friday September 1, 2023 at 10:00 a.m. in re [324] MOTION to Continue Hearing on Google's Motion for a Protective Order. Signed by Magistrate Judge John F. Anderson on 08/22/2023. (jlan)
Page 1 PageID#
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA,et al.
Plaintiffs,
Civil Action No. I:23cv0108(LMB/JFA)
GOOGLE LLC,
Defendant.
ORDER
On August 18, 2023, Google filed a motion for a protective order regarding plaintiffs'
Rule 30(b)(6) deposition notice. (Docket no. 311). That motion was noticed for a hearing on
August 25,2023. (Docket no. 313). On August 22, 2023,the United States filed a motion for
protective order to prevent deposition of United States' counsel. (Docket no. 321). That motion
was noticed for a hearing on September 1,2023. (Docket no. 323). The United States has now
filed a motion to continue hearing on Google's motion for a protective order until September 1,
2023. (Docket no. 324). The motion to continue represents that the parties had been negotiating
the scope and duration of Google's and plaintiffs' Rule 30(b)(6) depositions in tandem and
productively and were making substantial progress. The United States believes these two
motions are "inextricably linked" and they should be considered at the same time. The motion to
continue states that Google has not agreed to continuing the hearing on its motion for a
protective order.
The court has reviewed Google's motion for a protective order and taken an initial review
ofthe United States' motion for a protective order. While it is unclear that the issues involved in
these two motions are inextricably linked, they each involve issues relating to the scope ofthePage 2 PageID#
topics in the notices, along with various other issues. It also appears that further discussion
between the parties could further narrow the issues, with the clear understanding that Rule
30(b)(6) depositions will be allowed to proceed. However, the topics must describe with
reasonable particularity the matters of examination and they must take into account the discovery
that has been undertaken to date and issues of proportionality. One approach that the parties
should consider is agreeing to provide additional information in response to an interrogatory in
place of a topic in a 30(b)(6) deposition notice given that several of the topics appear to involve
specific factual questions and that information could be provided without the necessity of a
witness appearing at a deposition. Accordingly, it is hereby
ORDERED that the motion to continue is granted and the hearing on Google's motion for
a protective order is continued from Friday, August 25, 2023, to Friday September 1,2023 at
10:00 a.m.
Entered this 22nd day of August, 2023.
7s/,
John F. Anderson
—United States Magistrate Judge
John F. Anderson
United States Magistrate Judge
Alexandria, Virginia
PDF Page 1
PlainSite Cover Page
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Case 1:23-cv-00108-LMB-JFA Document 326 Filed 08/22/23 Page 1 of 2 PageID# 4721
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA,et al.
Plaintiffs,
Civil Action No. I:23cv0108(LMB/JFA)
GOOGLE LLC,
Defendant.
ORDER
On August 18, 2023, Google filed a motion for a protective order regarding plaintiffs'
Rule 30(b)(6) deposition notice. (Docket no. 311). That motion was noticed for a hearing on
August 25,2023. (Docket no. 313). On August 22, 2023,the United States filed a motion for
protective order to prevent deposition of United States' counsel. (Docket no. 321). That motion
was noticed for a hearing on September 1,2023. (Docket no. 323). The United States has now
filed a motion to continue hearing on Google's motion for a protective order until September 1,
2023. (Docket no. 324). The motion to continue represents that the parties had been negotiating
the scope and duration of Google's and plaintiffs' Rule 30(b)(6) depositions in tandem and
productively and were making substantial progress. The United States believes these two
motions are "inextricably linked" and they should be considered at the same time. The motion to
continue states that Google has not agreed to continuing the hearing on its motion for a
protective order.
The court has reviewed Google's motion for a protective order and taken an initial review
ofthe United States' motion for a protective order. While it is unclear that the issues involved in
these two motions are inextricably linked, they each involve issues relating to the scope ofthe
PDF Page 3
Case 1:23-cv-00108-LMB-JFA Document 326 Filed 08/22/23 Page 2 of 2 PageID# 4722
topics in the notices, along with various other issues. It also appears that further discussion
between the parties could further narrow the issues, with the clear understanding that Rule
30(b)(6) depositions will be allowed to proceed. However, the topics must describe with
reasonable particularity the matters of examination and they must take into account the discovery
that has been undertaken to date and issues of proportionality. One approach that the parties
should consider is agreeing to provide additional information in response to an interrogatory in
place of a topic in a 30(b)(6) deposition notice given that several of the topics appear to involve
specific factual questions and that information could be provided without the necessity of a
witness appearing at a deposition. Accordingly, it is hereby
ORDERED that the motion to continue is granted and the hearing on Google's motion for
a protective order is continued from Friday, August 25, 2023, to Friday September 1,2023 at
10:00 a.m.
Entered this 22nd day of August, 2023.
7s/,
John F. Anderson
—United States Magistrate Judge
John F. Anderson
United States Magistrate Judge
Alexandria, Virginia
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