Opinion

The State Of Texas v. Google, LLC

Court
District Court, S.D. New York
Filed
Jan 12, 2022
Cited by
0 cases
Authority
More cited than 27.4%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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IN RE GOOGLE DIGITAL ADVERTISING

ANTITRUST LITIGATION 21-md-3010 (PKC)

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THIS ORDER RELATES TO:

THE STATE OF TEXAS, et al.,

Plaintiffs,

21-cv-6841 (PKC)

-against- ORDER

GOOGLE LLC,

Defendant.

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CASTEL, District Judge:

An Order of October 15, 2021 granted in part and denied in part the motion of

Google LLC (“Google”) to redact from public view portions of the Second Amended Complaint.

(Docket # 147.) The Court held that privacy interests outweighed the presumption of public

access to the names, job titles and e-mail addresses of certain Google employees identified in the

Second Amended Complaint, as well as details about the engineering of Google’s “predictive

modeling” process. See generally Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir.

2006). The sealing motion was otherwise denied.

On November 12, 2021, the plaintiff states filed a Third Amended Complaint.

(Docket # 176.) As publicly filed, the Third Amended Complaint extensively redacts allegations

about Google’s advertising business. Plaintiffs explain in an accompanying sealing motion that

the redactions were made “[o]ut of an abundance of caution” and include “more redactions than

the Plaintiff States believe are necessary . . . .” (Docket # 174 at 2.)

In its response, Google proposes only modest redactions that are consistent with

the Order of October 15. (Docket # 181 & Amini Dec. Ex. A.) Specifically, Google proposes to

redact only the names, job titles and e-mail addresses of certain Google employees quoted in the

Third Amended Complaint. (Third Am. Compl’t ¶¶ 114, 115, 157, 251, 352, 364, 371, 385, 397,

415.) It also proposes to redact one sentence in paragraph 400 that purports to describe the

competitive effects of a Google ad-buying tool geared toward large advertisers.

No party or non-party now urges that the broad redactions initially proposed by

plaintiffs ought to be maintained.1 Further, Google notes that it was not advised of plaintiffs’

proposed redactions prior to the filing of the Third Amended Complaint and implies that in light

of the October 15 Order, it would not have proposed such extensive redactions. (Google

Response at 1-2, 2 n.2.)

For the reasons explained in the Order of October 15, 2021, the privacy interests

implicated in the names, job titles and contact information of certain Google employees

outweighs the presumption of public access, and the sealing motion will be granted as to those

allegations.

Google’s proposed redaction in paragraph 400 relates to the operations of a

Google ad-buying tool. The state plaintiffs urge that the sentence merely summarizes prior

allegations, does not convey confidential information and ought not be redacted. The proposed

redaction does not convey technical or proprietary information and purports to identify an anti-

1 The private plaintiffs filed a letter-brief contending that paragraph 381 should not be redacted or sealed and should

be available for public review. (Docket # 178.) Google does not seek to maintain the redaction to paragraph 381.

(Docket # 181 at 6 n.4.)

competitive effect of a Google ad-buying tool. Google has not demonstrated a privacy interest

that outweighs the presumption of public access and therefore the sealing application will be

denied as to the proposed redaction in paragraph 400.

CONCLUSION.

The motion to seal the Third Amended Complaint is GRANTED as to the

employee names, job titles and contact information identified in paragraphs 114, 115, 157, 251,

352, 364, 371, 385, 397 and 415 but is otherwise DENIED. The Clerk is directed to terminate

the motion. (21 MD 3010 Docket # 174; 21 Civ. 6841 Docket # 164.) Plaintiffs are directed to

publicly file a version of the Third Amended Complaint that conforms to this Order no later than

January 14, 2022.

SO ORDERED.

LA Fepoen

LZ Pepe Pl

United States District Judge

Dated: New York, New York

January 12, 2022

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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