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