Opinion

Reale v. Google LLC

Court
District Court, N.D. California
Filed
Apr 26, 2022
Cited by
0 cases
Authority
More cited than 18.8%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DANIEL REALE, Case No. 22-cv-00562-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

GOOGLE LLC, et al., Re: Dkt. No. 40

Defendants.

The motion to dismiss is granted. Because Reale does not contest the defendants’ position

on the viability of his Sherman Act claims, they are dismissed.

The Robinson-Patman Act claim is dismissed because Reale has failed to allege that the

alleged transaction involved a commodity or good. 15 U.S.C. § 13(a), (d), (e) (commodity); id.

§ 13a (good). “Congress intended the Act to apply to tangible goods and not services.” May

Department Store v. Graphic Process Co., 637 F.2d 1211, 1214 (9th Cir. 1980). While the line

between the two is blurry, this case is far from that line. YouTube does not provide a tangible

product for sale. And advertising revenue and channel promotion are not tangible assets as the

defendant claims.

With the dismissal of the federal claims, the Court declines to exercise supplemental

jurisdiction over the remaining state-law claim. 28 U.S.C. § 1367(c)(3). The case is at an early

stage, and comity, fairness, convenience, and judicial economy concerns weigh heavily against

keeping this case in federal court. See Carnegie-Mellon University v. Cohill, 484 U.S. 343, 350

n.7 (1988).

Dismissal is with leave to amend. Any amended complaint must be filed within 21 days

of this order.

IT ISSO ORDERED.

Dated: April 26, 2022 Ko“. -

VINCE CHHABRIA

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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