This case was last updated from U.S. District Courts on 12/21/2021 at 07:54:26 (UTC).

Andersen v. Thompson et al

Case Summary

On October 19, 2021, Barbara Anderson (“Plaintiff”) filed an intellectual property lawsuit against Gregory A. Thompson personally and aka Youtube channel “Treasure Seekers brutal Truth” Google, LLC (“Defendant”) seeking injunctive relief, damages, costs, and other relief for alleged infringement of United States Copyright owned by Plaintiff. This case was filed in the United States District Court in the Northern District of California with Judge Yvonne Gonzalez Rogers presiding.

In the complaint, Plaintiff alleged that, “Upon information and belief, Thompson created the above social media pages in approximately the summer of 2020 in response to the conclusion of the “Chase”. Notwithstanding the above policy prohibiting the same, Thompson admitted Andersen in the winter of 2020 that he buys views/upvotes to give his viewers the false impression that he is popular and a leader in determining the suspect conclusion of the “Chase”. Ironically, Thompson ignored Andersen in the process.”

Plaintiff further alleged that, “Andersen then began the process of challenging the videos of Thompson through Youtube. Andersen was able to secure the deletion of several videos for violation of Andersen’s privacy and copyright rights. However, Thompson challenged the deletion of a video from approximately October 8, 2020 where he took Andersen’s image, voice and video from her channel to mock her. In fallaciously challenging the video, which independently violated the cyberbullying and privacy Terms and Conditions, Thompson claimed that his mocking of Andersen fell under the “fair use” exception to the Youtube copyright rules and demanded that Andersen file suit.”

Plaintiff also alleged that, “Thompson’s conduct towards Andersen has been harassing, defamatory and predatory. Andersen has suffered great emotional distress in response to Thompson’s never-ending harassment, threats, vengeance and defamation from his Youtube channel. Andersen’s emotional distress was further escalated given that her real name as a person and attorney was being smeared in front of purportedly thousands of viewers of his channel.”

There are four claims for relief laid down by Plaintiff. The first claim for relief deals with requests for injunctive relief and statutory damages for violation of the Copyright Act. The second claim is for an alleged tort claim for invasion of privacy. The third claim is for alleged intentional infliction of emotional distress. The fourth claim is for alleged defamation.

In the prayer for relief, Plaintiff has requested the court for permanent injunction against Thompson to cease speaking about Andersen in any regard on his Youtube channel or elsewhere, including, but not limited to, her contested divorce/custody litigation. Further, Plaintiff requested the court to ban Thompson from Youtube for his invasion of Andersen’s privacy and the violation of the Youtube Terms and Conditions prohibiting cyberbullying, invasion of privacy, and purchasing views/upvotes. Plaintiff also requested the court for monetary damages and punitive damages along with costs of the litigation.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-08244

  • Filing Date:

    10/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Yvonne Gonzalez Rogers

Referral Judge

Donna M. Ryu

 

Party Details

Plaintiff

Barbara Andersen

Defendants

Gregory A. Thompson

YouTube channel

Google, LLC doing business as YouTube

Attorney/Law Firm Details

Defendant Attorney

David H. Kramer

Attorney at Wilson Sonsini Goodrich & Rosati

650 Page Mill Road

Palo Alto, CA 94304-1050

 

Court Documents

#16

(#16) ORDER REFERRING DISCOVERY MATTER TO MAGISTRATE JUDGE. Signed by Judge Yvonne Gonzalez Rogers on 12/17/2021. (amg, COURT STAFF) (Filed on 12/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/17/2021)

#15

(#15) ORDER by Judge Yvonne Gonzalez Rogers Granting #13 STIPULATED REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND EXTEND DEADLINE TO RESPOND TO COMPLAINT.Joint Case Management Statement due by 3/7/2022. Initial Case Management Conference set for 3/14/2022 02:00 PM in Oakland, - Videoconference Only.(amg, COURT STAFF) (Filed on 12/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/17/2021)

#14

(#14) ORDER by Judge Yvonne Gonzalez Rogers Granting #12 MOTION TO FILE DOCKET 7 UNDER SEAL.(amg, COURT STAFF) (Filed on 12/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/17/2021)

#13

(#13) STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference and Extend Deadline to Respond to Complaint filed by Google, LLC. (Kramer, David) (Filed on 12/14/2021) (Entered: 12/14/2021)

#12

(#12) First MOTION Seal Docket entry 7 phone number of Andersen filed by Barbara Andersen. Motion Hearing set for 1/18/2022 02:00 PM before Judge Yvonne Gonzalez Rogers. Responses due by 12/28/2021. Replies due by 1/4/2022. (Andersen, Barbara) (Filed on 12/14/2021) (Entered: 12/14/2021)

#11

(#11) First MOTION to Shorten Time As to Discovery Relative to Service of Summons filed by Barbara Andersen. (Andersen, Barbara) (Filed on 12/14/2021) (Entered: 12/14/2021)

#10

(#10) First MOTION File Phone Number under seal filed by Barbara Andersen. Motion Hearing set for 1/18/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 12/28/2021. Replies due by 1/4/2022. (Andersen, Barbara) (Filed on 12/14/2021) (Entered: 12/14/2021)

#9

(#9) First MOTION for Discovery As to Service of Summons filed by Barbara Andersen. Motion Hearing set for 1/18/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 12/28/2021. Replies due by 1/4/2022. (Andersen, Barbara) (Filed on 12/14/2021) (Entered: 12/14/2021)

#8

(#8) Summons Issued as to Gregory A. Thompson dba Treasure Seekers LLC. (cv, COURT STAFF) (Filed on 12/13/2021) Modified on 12/13/2021 (cv, COURT STAFF). (Entered: 12/13/2021)

#6

(#6) STIPULATION re #1 Complaint Extending Time to Respond filed by Google, LLC. (Kramer, David) (Filed on 11/22/2021) (Entered: 11/22/2021)

#5

(#5) Certificate of Interested Entities by Google, LLC identifying Corporate Parent XXVI Holdings, Inc., Corporate Parent Alphabet Inc., Other Affiliate YouTube, LLC for Google, LLC. (Kramer, David) (Filed on 11/22/2021) (Entered: 11/22/2021)

#4

(#4) Corporate Disclosure Statement by Google, LLC identifying Corporate Parent XXVI Holdings Inc. - Holding Company of Google LLC, Corporate Parent Alphabet Inc. - Holding Company of XXVI Holdings Inc., Other Affiliate YouTube, LLC for Google, LLC. (Kramer, David) (Filed on 11/22/2021) (Entered: 11/22/2021)

#3

(#3) NOTICE of Appearance by David H. Kramer on behalf of Google LLC (Kramer, David) (Filed on 11/22/2021) (Entered: 11/22/2021)

2 #1

Notice of Eligibility for Video Recording

1 #3

receipt

1 #2

Civil Cover Sheet

1 #1

Exhibit

#1

9 More Documents Available
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Docket Entries

  • 12/17/2021
  • DocketCASE REFERRED to Magistrate Judge Donna M. Ryu for Discovery (ahm, COURT STAFF) (Filed on 12/17/2021) (Entered: 12/17/2021)

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  • 12/17/2021
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  • Docket(#16) ORDER REFERRING DISCOVERY MATTER TO MAGISTRATE JUDGE. Signed by Judge Yvonne Gonzalez Rogers on 12/17/2021. (amg, COURT STAFF) (Filed on 12/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/17/2021)

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  • 12/17/2021
  • View Court Documents
  • Docket(#15) ORDER by Judge Yvonne Gonzalez Rogers Granting #13 STIPULATED REQUEST TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND EXTEND DEADLINE TO RESPOND TO COMPLAINT.Joint Case Management Statement due by 3/7/2022. Initial Case Management Conference set for 3/14/2022 02:00 PM in Oakland, - Videoconference Only.(amg, COURT STAFF) (Filed on 12/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/17/2021)

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  • 12/17/2021
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  • Docket(#14) ORDER by Judge Yvonne Gonzalez Rogers Granting #12 MOTION TO FILE DOCKET 7 UNDER SEAL.(amg, COURT STAFF) (Filed on 12/17/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/17/2021)

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  • 12/14/2021
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  • Docket(#13) STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference and Extend Deadline to Respond to Complaint filed by Google, LLC. (Kramer, David) (Filed on 12/14/2021) (Entered: 12/14/2021)

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  • 12/14/2021
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  • Docket(#12) First MOTION Seal Docket entry 7 phone number of Andersen filed by Barbara Andersen. Motion Hearing set for 1/18/2022 02:00 PM before Judge Yvonne Gonzalez Rogers. Responses due by 12/28/2021. Replies due by 1/4/2022. (Andersen, Barbara) (Filed on 12/14/2021) (Entered: 12/14/2021)

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  • 12/14/2021
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  • Docket(#11) First MOTION to Shorten Time As to Discovery Relative to Service of Summons filed by Barbara Andersen. (Andersen, Barbara) (Filed on 12/14/2021) (Entered: 12/14/2021)

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  • 12/14/2021
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  • Docket(#10) First MOTION File Phone Number under seal filed by Barbara Andersen. Motion Hearing set for 1/18/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 12/28/2021. Replies due by 1/4/2022. (Andersen, Barbara) (Filed on 12/14/2021) (Entered: 12/14/2021)

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  • 12/14/2021
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  • Docket(#9) First MOTION for Discovery As to Service of Summons filed by Barbara Andersen. Motion Hearing set for 1/18/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 12/28/2021. Replies due by 1/4/2022. (Andersen, Barbara) (Filed on 12/14/2021) (Entered: 12/14/2021)

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  • 12/13/2021
  • DocketRemark - summons mailed to plaintiff. (cv, COURT STAFF) (Filed on 12/13/2021) (Entered: 12/13/2021)

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  • 12/13/2021
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  • Docket(#8) Summons Issued as to Gregory A. Thompson dba Treasure Seekers LLC. (cv, COURT STAFF) (Filed on 12/13/2021) Modified on 12/13/2021 (cv, COURT STAFF). (Entered: 12/13/2021)

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  • 11/22/2021
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  • Docket(#6) STIPULATION re #1 Complaint Extending Time to Respond filed by Google, LLC. (Kramer, David) (Filed on 11/22/2021) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#5) Certificate of Interested Entities by Google, LLC identifying Corporate Parent XXVI Holdings, Inc., Corporate Parent Alphabet Inc., Other Affiliate YouTube, LLC for Google, LLC. (Kramer, David) (Filed on 11/22/2021) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#4) Corporate Disclosure Statement by Google, LLC identifying Corporate Parent XXVI Holdings Inc. - Holding Company of Google LLC, Corporate Parent Alphabet Inc. - Holding Company of XXVI Holdings Inc., Other Affiliate YouTube, LLC for Google, LLC. (Kramer, David) (Filed on 11/22/2021) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#3) NOTICE of Appearance by David H. Kramer on behalf of Google LLC (Kramer, David) (Filed on 11/22/2021) (Entered: 11/22/2021)

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  • 10/22/2021
  • DocketRemark - mailed #2 along with other court documents and standing order. (cv, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

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  • 10/22/2021
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  • Docket(#2) Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Case Management Statement due by 1/17/2022. Initial Case Management Conference set for 1/24/2022 02:00 PM in Oakland, Courtroom 1, 4th Floor. (Attachments: #1 Notice of Eligibility for Video Recording)(cv, COURT STAFF) (Filed on 10/22/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/22/2021)

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  • 10/22/2021
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  • Docket(#1) COMPLAINT against Google, LLC, Gregory A. Thompson (Filing fee $ 402.). Filed byBarbara Andersen. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 receipt)(cv, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

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