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Fitzsimmons Law Firm
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Motion | Filed: May 02, 2024 | Entered: May 02, 2024 In re: Google Digital Advertising Antitrust Litigation
Anti-Trust | New York Southern
Discovery
LETTER MOTION for Discovery for Leave to Serve Case-Specific Contention Interrogatories addressed to Judge P. Kevin Castel from Philip C. Korologos dated May 2, 2024. Document filed by Genius Media Group, Inc., JLaSalle Enterprises LLC, Mikula Web Solutions, Inc., Sterling International Consulting Group, The Nation Company, L.P., The Progressive, Inc., THE NATION COMPANY, L.P., The Progressive, Inc. (Attachments: # 1 Exhibit A- Supplemental Interrogatories)Filed In Associated Cases: 1:21-md-03010-PKC, 1:21-cv-07034-PKC.(Korologos, Philip)
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Order | Filed: May 02, 2024 In re: Google Digital Advertising Antitrust Litigation
Anti-Trust | New York Southern
Order
PRE-TRIAL ORDER NO. 11 granting in part and denying in part 755 Letter Motion for Discovery. The Court has considered the parties' written submissions on the issue of additional depositions (ECF 755, 764, 768). Based upon the representation s of plaintiffs concerning the unique knowledge of the witnesses and that the depositions can be completed without extending the existing cut off of fact discovery, plaintiffs' requests for leave, to the extent required under Pre-Trial Order No. 5, to depose the individuals identified in Attachment A to Plaintiffs' April 19 submission (ECF 755) as to Witnesses 1 through 13 is GRANTED. With regard to Witness No. 14, counsel states that "[o]nce their documents are produced and /or for prior custodians completed, Inform will be seeking to depose one or more of them [sic]." With regard to Witness No. 15, counsel refers to "[t]hese Witnesses" and does the same as to Witnesses No. 16. Thus, counsel seeks a bl ank check for an unknown number of witnesses shoe-horned into three slots for three witnesses. The request for these inadequately described witnesses is DENIED. Separately, Inform seeks to compel responses to its Supplemental Requests for Produ ction of Documents and negotiated search strings and the source code relating to the auction, serving, and functioning display of video advertisements. (ECF 751.) The Court has considered Google's response (ECF 760) and Inform's reply ( ECF 761). Neither side has furnished the Court with that which it needs to hold an intelligent conversation on the subject and certainly not enough to adjudicate the dispute. By May 8, 2024, Inform shall submit a proposed Order setting forth with particularity the relief that it seeks (ECF 751) and Google shall submit a proposed Order setting forth its counterproposal (ECF 760); each side may also submit their final arguments. As the Court has noted, "A judicial ruling on search ter ms and custodians is an inexact and crude tool." (ECF 656.) If the parties remain unable to resolve their differences, the Court will issue a ruling. Finally, Inform's application for an extension of time to serve its Requests to Admit is DENIED. (ECF 770.) SO ORDERED. (Signed by Judge P. Kevin Castel on 5/2/2024) (vfr)
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Order | Filed: May 02, 2024 | Entered: May 02, 2024 In re: Google Digital Advertising Antitrust Litigation
Anti-Trust | New York Southern
Stipulation and Order
STIPULATION AND ORDER REGARDING STELLMAN V. GOOGLE LLC ET AL. PUTATIVE CLASS ACTION COMPLAINT: NOW THEREFORE, the Parties, through their respective counsel, hereby stipulate and agree as follows: 1. The Parties agree to the dismissal of Counts III and IV of the Stellman Complaint; 2. This stipulation is not and shall not be construed as an admission by any Party regarding the merits of any claim in this litigation, including claims arising from RPO. IT IS SO STIPULATED AND ORDERED. (Signed by Judge P. Kevin Castel on 5/2/2024) (vfr)
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