SPX Total Body Fitness LLC v. Google LLC
Plaintiff: SPX Total Body Fitness LLC
Defendant: Google L.L.C
Case Number: 1:2021cv06870
Filed: August 16, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: P Kevin Castel
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 12, 2021 Filing 50 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/24/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:21-md-03010-PKC et al..(Moya, Goretti)
October 12, 2021 Filing 49 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/24/2021 before Judge P. Kevin Castel. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022.Filed In Associated Cases: 1:21-md-03010-PKC et al..(Moya, Goretti)
September 20, 2021 Opinion or Order Filing 48 ORDER: The conference scheduled for Friday, September 24, 2021 at 11:00 a.m. will be held in Courtroom 11D at 500 Pearl Street, New York, New York. Ceremonial Courtroom 9C is set as an overflow courtroom. Remote telephone information is provided below: Dial in: 1 888-363-4749; Access Code: 3667981. SO ORDERED., ( Status Conference set for 9/24/2021 at 11:00 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 9/20/2021) Filed In Associated Cases: 1:21-md-03010-PKC et al. (ama)
August 16, 2021 Filing 47 MDL TRANSFERRED IN from the United States District Court - District of California Northern; Case Number: 4:21-cv-00801. Original file certified copy of transfer order and docket entries received. (sjo)
August 16, 2021 CONSOLIDATED MDL CASE: Create association to 1:21-md-03010-PKC. (sjo)
August 16, 2021 CASE ACCEPTED AS RELATED. Create association to 1:21-md-03010-PKC. (sjo)
August 16, 2021 Case Designated ECF. (sjo)
August 16, 2021 Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sjo)
August 16, 2021 NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
August 16, 2021 CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge P. Kevin Castel. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions. (sjo)
August 12, 2021 Filing 46 MDL CONDITIONAL TRANSFER ORDER: MDL 3010: Transferring case to the U.S. District Court, Southern District of New York. Signed by The Judicial Panel on Multidistrict Litigation, 08/10/21. (jlmS, COURT STAFF) (Filed on 8/12/2021) [Transferred from California Northern on 8/16/2021.]
August 12, 2021 Case electronically transferred to the U.S. District Court, Southern District of New York. Counsel notified (jlmS, COURT STAFF) (Filed on 8/12/2021) [Transferred from California Northern on 8/16/2021.]
July 2, 2021 Filing 45 Transcript of Proceedings held on July 1, 2021, before Judge Haywood S. Gilliam. Court Reporter Diane E. Skillman, telephone number 925-899-2912, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #44 Transcript Order ) Release of Transcript Restriction set for 9/30/2021. (Related documents(s) #44 ) (Skillman, Diane) (Filed on 7/2/2021) [Transferred from California Northern on 8/16/2021.]
July 2, 2021 Filing 44 TRANSCRIPT ORDER for proceedings held on 7/1/2021 before Judge Haywood S Gilliam, Jr by Google LLC, for Court Reporter Diane Skillman. (Sessions, Justina) (Filed on 7/2/2021) [Transferred from California Northern on 8/16/2021.]
July 1, 2021 Filing 43 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Motion Hearing held on 7/1/2021. Total Time in Court: 19 Minutes. Court Reporter: Diane Skillman. Plaintiff Attorney: Kate Baxter-Kaf; Pamela Market; and Fred Isquith. Defendant Attorney: Justina Sessions. Motion to appoint interim counsel (docket no. #25 ) is argued and submitted by the parties and taken under submission by the Court. Written order to issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 7/1/2021) [Transferred from California Northern on 8/16/2021.]
June 29, 2021 Filing 42 CLERK'S NOTICE RE DOCKET NO. #25 . Notice is hereby given that the hearing on the motion previously set for July 1st will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 6/29/2021) [Transferred from California Northern on 8/16/2021.]
June 24, 2021 Filing 41 Supplemental Brief re #25 Plaintiff's Motion to Appoint Interim Counsel Pursuant to Fed. R. Civ. P. 23(g) filed bySPX Total Body Fitness LLC. (Related document(s) #25 ) (Markert, Pamela) (Filed on 6/24/2021) [Transferred from California Northern on 8/16/2021.]
May 17, 2021 Opinion or Order Filing 40 ORDER by Judge Haywood S. Gilliam, Jr. Granting #39 Stipulation REGARDING COMPLAINT RESPONSE DEADLINES. Motions due by 8/16/2021; Responses due by 10/18/2021; and Replies due by 11/19/2021. (ndrS, COURT STAFF) (Filed on 5/17/2021) [Transferred from California Northern on 8/16/2021.]
May 14, 2021 Filing 39 STIPULATION WITH PROPOSED ORDER REGARDING COMPLAINT RESPONSE DEADLINES filed by Google LLC, SPX Total Body Fitness LLC. (Sessions, Justina) (Filed on 5/14/2021) Modified on 5/17/2021 (jlmS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
May 11, 2021 Filing 38 Minute Entry for proceedings held before Judge Haywood S. Gilliam, Jr.: Telephonic Initial Case Management Conference held on 5/11/2021. Total Time in Court: 18 Minutes. Not Reported. Plaintiff Attorney: Fred Isquith, Jr.. Defendant Attorney: Justina Sessions. Parties are directed to meet and confer and e-file by May 18th (if there is an agreement), a stipulation and proposed order extending the motion to dismiss schedule. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Date Filed: 5/11/2021) [Transferred from California Northern on 8/16/2021.]
May 4, 2021 Filing 37 JOINT CASE MANAGEMENT STATEMENT and [Proposed] Order filed by SPX Total Body Fitness LLC. (Markert, Pamela) (Filed on 5/4/2021) [Transferred from California Northern on 8/16/2021.]
May 4, 2021 Filing 36 Certificate of Interested Entities by Google LLC identifying Corporate Parent XXVI Holdings Inc. - Holding Company of Google LLC, Corporate Parent Alphabet Inc. - Holding Company of XXVI Holdings Inc. for Google LLC. (Sessions, Justina) (Filed on 5/4/2021) [Transferred from California Northern on 8/16/2021.]
May 4, 2021 Filing 35 Rule 7.1 Disclosures by SPX Total Body Fitness LLC Plaintiff's Disclosure Statement and Certification of Interested Entities or Persons Under FRCP 7.1 and Civil L.R. 3-15 (Markert, Pamela) (Filed on 5/4/2021) [Transferred from California Northern on 8/16/2021.]
May 3, 2021 Opinion or Order Filing 34 ORDER by Judge Haywood S. Gilliam, Jr. Granting #33 Stipulation TO SUBSTITUTE PARTY. (ndrS, COURT STAFF) (Filed on 5/3/2021) [Transferred from California Northern on 8/16/2021.]
April 30, 2021 Filing 33 STIPULATION WITH PROPOSED ORDER TO SUBSTITUTE PARTY filed by Kimberly Negron, and Google LLC. (Isquith, Fred) (Filed on 4/30/2021) Modified on 5/3/2021 (bnsS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
April 28, 2021 Opinion or Order Filing 32 ORDER by Judge Haywood S. Gilliam, Jr. Denying #31 Administrative Motion TO CONTINUE CASE MANAGEMENT CONFERENCE. (ndrS, COURT STAFF) (Filed on 4/28/2021) [Transferred from California Northern on 8/16/2021.]
April 27, 2021 Filing 31 ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE re 13 Clerk's Notice,, filed by Google LLC. Responses due by 5/3/2021. (Attachments: #1 Declaration Justina K. Sessions, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Sessions, Justina) (Filed on 4/27/2021) [Transferred from California Northern on 8/16/2021.]
April 23, 2021 Filing 30 CLERK'S NOTICE RE DOCKET NO. 13 . Notice is hereby given that the case management conference set for May 11th will be held telephonically. This proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 4/23/2021) [Transferred from California Northern on 8/16/2021.]
April 15, 2021 Filing 29 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options on behalf of Plaintiff Negron (Isquith, Fred) (Filed on 4/15/2021) [Transferred from California Northern on 8/16/2021.]
April 14, 2021 Filing 28 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Google LLC (Sessions, Justina) (Filed on 4/14/2021) Modified on 4/15/2021 (jlmS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
March 31, 2021 Opinion or Order Filing 27 ORDER by Judge Haywood S. Gilliam, Jr. Granting #26 Motion for Pro Hac Vice of Heidi M. Silton.Note: Docket No. #24 is terminated, re-filed as docket no. #26 (ndrS, COURT STAFF) (Filed on 3/31/2021) [Transferred from California Northern on 8/16/2021.]
March 31, 2021 Filing 26 Amended MOTION for leave to appear in Pro Hac Vice of Heidi M. Silton ( Filing fee $ 317, receipt number 0971-15750569.) Filing fee previously paid on 03/25/2021 filed by Kimberly Negron. (Silton, Heidi) (Filed on 3/31/2021) [Transferred from California Northern on 8/16/2021.]
March 29, 2021 Set Deadlines/Hearing as to #25 MOTION to Appoint Counsel Plaintiff's Motion to Appoint Interim Counsel Pursuant to Fed. R. Civ. P. 23(g) : Responses due by 4/12/2021; Replies due by 4/19/2021; and Motion Hearing set for 7/1/2021 02:00 PM before Judge Haywood S. Gilliam Jr.. (ndrS, COURT STAFF) (Filed on 3/29/2021) [Transferred from California Northern on 8/16/2021.]
March 29, 2021 Filing 25 Plaintiff's Motion to Appoint Interim Counsel Pursuant to Fed. R. Civ. P. 23(g) filed by Kimberly Negron. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Markert, Pamela) (Filed on 3/29/2021) Modified on 3/30/2021 (bnsS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
March 25, 2021 Filing 24 RE-FILED, SEE DOCKET #26 MOTION for leave to appear in Pro Hac Vice of Heidi M. Silton ( Filing fee $ 317, receipt number 0971-15750569.) filed by Kimberly Negron. (Silton, Heidi) (Filed on 3/25/2021) Modified on 3/31/2021 (bnsS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
March 23, 2021 Opinion or Order Filing 23 ORDER (as modified) by Judge Haywood S. Gilliam, Jr. Granting #22 Stipulation REGARDING COMPLAINT RESPONSE DEADLINES. Motions due by 6/4/2021; Replies due by 9/3/2021; and Responses due by 8/3/2021. (ndrS, COURT STAFF) (Filed on 3/23/2021)[Transferred from California Northern on 8/16/2021.]
March 19, 2021 Filing 22 JOINT STIPULATION AND [PROPOSED] ORDER REGARDING COMPLAINT RESPONSE DEADLINES filed by Google LLC, and Kimberly Negron. (Sessions, Justina) (Filed on 3/19/2021) Modified on 3/22/2021 (bnsS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
March 10, 2021 Opinion or Order Filing 21 ORDER by Judge Haywood S. Gilliam, Jr. Granting #20 Motion for Pro Hac Vice of Kate M. Baxter-Kauf. (ndrS, COURT STAFF) (Filed on 3/10/2021) [Transferred from California Northern on 8/16/2021.]
March 9, 2021 Filing 20 MOTION for leave to appear in Pro Hac Vice of Kate M. Baxter-Kauf ( Filing fee $ 317, receipt number 0971-15677047.) filed by Kimberly Negron. (Baxter-Kauf, Kate) (Filed on 3/9/2021) [Transferred from California Northern on 8/16/2021.]
February 18, 2021 Opinion or Order Filing 19 ORDER by Judge Haywood S. Gilliam, Jr. Granting #18 Motion for Pro Hac Vice by Robert S. Schachter, Esq.. (ndrS, COURT STAFF) (Filed on 2/18/2021) [Transferred from California Northern on 8/16/2021.]
February 18, 2021 Filing 18 MOTION for leave to appear in Pro Hac Vice by Robert S. Schachter, Esq. ( Filing fee $ 317, receipt number 0971-15591946.) filed by Kimberly Negron. (Attachments: #1 Certificate of Good Standing)(Schachter, Robert) (Filed on 2/18/2021) [Transferred from California Northern on 8/16/2021.]
February 16, 2021 Filing 17 WAIVER OF SERVICE Returned Executed filed by Kimberly Negron. Service waived by Google LLC waiver sent on 2/5/2021, answer due 4/6/2021. (Isquith, Fred) (Filed on 2/16/2021) [Transferred from California Northern on 8/16/2021.]
February 12, 2021 Opinion or Order Filing 16 ORDER by Judge Haywood S. Gilliam, Jr. Granting #15 Motion for Pro Hac Vice as to Fred Isquith Jr.Docket No. #11 is terminated, was re-filed as docket no. #15 . (ndrS, COURT STAFF) (Filed on 2/12/2021) [Transferred from California Northern on 8/16/2021.]
February 11, 2021 Filing 15 Amended MOTION for leave to appear in Pro Hac Vice Fred Isquith Jr ( Filing fee $ 317, receipt number 0971-15534841.) Filing fee previously paid on 2/4/2021 filed by Kimberly Negron. (Attachments: #1 Certificate of Good Standing)(Isquith, Fred) (Filed on 2/11/2021) [Transferred from California Northern on 8/16/2021.]
February 9, 2021 Filing 14 NOTICE Administrative Motion to Relate Case by Kimberly Negron (Attachments: #1 Exhibit Motion to Relate and Supporting documents)(Markert, Pamela) (Filed on 2/9/2021) Modified on 2/10/2021 (bnsS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
February 5, 2021 Filing 13 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for May 11, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by May 4th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:21-cv-000801-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 2/5/2021) [Transferred from California Northern on 8/16/2021.]
February 5, 2021 Opinion or Order Filing 12 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case,. Signed by The Clerk on 2/5/21. (haS, COURT STAFF) (Filed on 2/5/2021) [Transferred from California Northern on 8/16/2021.]
February 4, 2021 Filing 11 ***RE-FILED AT DOC #15 *** MOTION for leave to appear in Pro Hac Vice Fred Isquith Jr ( Filing fee $ 317, receipt number 0971-15534841.) filed by Kimberly Negron. (Attachments: #1 Exhibit Certificate of Good Standing)(Isquith, Fred) (Filed on 2/4/2021) Modified on 2/12/2021 (bnsS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
February 4, 2021 Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (cdnS, COURT STAFF) (Filed on 2/4/2021) [Transferred from California Northern on 8/16/2021.]
February 3, 2021 Filing 9 NOTICE of Appearance by Justina Kahn Sessions for Defendant Google LLC (Sessions, Justina) (Filed on 2/3/2021) [Transferred from California Northern on 8/16/2021.]
February 3, 2021 Filing 8 NOTICE of Appearance by Jonathan M. Jacobson for Defendant Google LLC (Jacobson, Jonathan) (Filed on 2/3/2021) [Transferred from California Northern on 8/16/2021.]
February 2, 2021 Filing 7 Certificate of Interested Entities by Kimberly Negron. (Markert, Pamela) (Filed on 2/2/2021) Modified on 2/3/2021 (mclS, COURT STAFF). [Transferred from California Northern on 8/16/2021.]
February 2, 2021 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kimberly Negron.. (Markert, Pamela) (Filed on 2/2/2021) [Transferred from California Northern on 8/16/2021.]
February 2, 2021 Filing 5 Summons Issued as to Google LLC. (mclS, COURT STAFF) (Filed on 2/2/2021) [Transferred from California Northern on 8/16/2021.]
February 2, 2021 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/29/2021. Initial Case Management Conference set for 5/6/2021 10:00 AM. (mclS, COURT STAFF) (Filed on 2/2/2021) [Transferred from California Northern on 8/16/2021.]
February 2, 2021 Filing 3 Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/16/2021. (anjS, COURT STAFF) (Filed on 2/2/2021) [Transferred from California Northern on 8/16/2021.]
February 1, 2021 Filing 2 Proposed Summons. (Markert, Pamela) (Filed on 2/1/2021) [Transferred from California Northern on 8/16/2021.]
February 1, 2021 Filing 1 COMPLAINT against Google LLC ( Filing fee $ 402, receipt number 0971-15520800.). Filed byKimberly Negron. (Attachments: #1 Civil Cover Sheet)(Markert, Pamela) (Filed on 2/1/2021) [Transferred from California Northern on 8/16/2021.]

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Plaintiff: SPX Total Body Fitness LLC
Represented By: Pamela Ann Markert
Represented By: Pamela A. Markert
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Defendant: Google L.L.C
Represented By: Jonathan M. Jacobson
Represented By: Justina K. Sessions
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