United States et al v. Google LLC Document 363: order on motion for extension of time to file

Virginia Eastern District Court
Case No. 1:23-cv-00108-LMB-JFA
Filed August 31, 2023

ORDERED that plaintiffs' motion to extend deadlines for certain discovery implicated bypending motion for partial summary judgment on the pleadings (Docket no. 338) and defendant Google LLC's motion for leave to depose certain third-party witnesses after the close of fact discovery (Docket no. 345) are granted. Plaintiffs' motion for leave to depose certain Google and third-party witnesses after the close of discovery (Docket no. 340) is granted in part and taken under advisement in part (see Order for further details). Signed by Magistrate Judge John F. Anderson on 8/31/2023. (Sbro)

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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)
V.
GOOGLE LLC,
Defendant.
ORDER
This matter is before the court on three motions relating to the timing of depositions for
certain witnesses after the close offact discovery. (Docket nos. 338, 340, 345). The parties have
filed a joint response concerning these motions indicating that, through their continued good
faith efforts, they have resolved all but one issue. (Docket no. 351). The remaining issue
concerns the deposition of a defendant employee in the MDL action that is included in plaintiffs'
motion for leave to depose certain Google and third-party witnesses after the close ofdiscovery.
(Docket no. 340). Having reviewed the motions, memorandum in support, and the joint
response, and accepting the parties' representation the depositions will be completed promptly
"and will not impede the rest of the schedule", it is hereby
ORDERED that plaintiffs' motion to extend deadlines for certain discovery implicated by
pending motion for partial summary judgment on the pleadings(Docket no. 338)and defendant
Google LLC's motion for leave to depose certain third-party witnesses after the close offact
discovery(Docket no. 345) are granted. Plaintiffs' motion for leave to depose certain Google
and third-party witnesses after the close of discovery(Docket no. 340)is granted in part and
taken under advisement in part. The motions are granted to the extent they allow the depositions
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of NBC/Comcast, Meta, Disney, Open X,Index Exchange, Mediavine, GroupM, GSD&M,
Brian O'Kelley, News Corp., Jonathan Kanter, and Susan Athey to be taken on the dates and
timeframes provided in the joint response (Docket no. 351 at 3^). The Clerk is requested to
terminate the motions at docket nos. 338 and 345. The court will hear brief argument on the
remaining issue contained in the motion at docket no. 340 as scheduled on Friday, September 1,
2023 at 11:00 a.m.
Entered this 31 st day of August, 2023.
John F. Anderson
John F. Anderson
United States Magistrate Judge
Alexandria, Virginia
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