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This case was last updated from PACER on 05/21/2021 at 07:28:25 (UTC).

Bruschi v. Google, LLC et al

Case Summary

On March 22, 2021, Terry Bruschi (“Plaintiff”), represented by Daniel L. Warshaw of Pearson, Simon & Warshaw, LLP individually and on behalf of all others similarly situated, filed a class action lawsuit against Google LLC and Google Payment Corp. (together, “Google” or “Defendants”) seeking injunctive and other equitable relief, damages with pre-judgment interest and disgorgement of gains for allegedly profiting from illegal gambling and violation of anti-gambling laws by the Defendants. This case was filed in U.S. District Court in the Northern District of California with Judge Edward J. Davila and Judge Nathanael M. Cousins presiding.

In its complaint, Plaintiff alleged that “Google permits and facilitates illegal gambling by operating as an unlicensed casino. Google sells, offers, and distributes several free-to-play casino-style games (i.e., slot machines and casino-style table games) developed by Grande Games through Google Play (“Grande Games Casino Apps”) for consumers to download and play, including, but not limited to, Cash Frenzy Casino and Lotsa Slots.” Plaintiff also alleged that “Since Google is responsible, in part, for the creation or development of the Grande Games Casino Apps and provides the sole means by which Grande Games can offer, distribute, and sell their Grande Games Casino Apps to Google consumers (i.e., through Google Play), Google functions as an information content provider for the subject Grande Games Casino Apps. Accordingly, Google actively enables, permits, promotes, and profits from illegal gambling.”

Plaintiff further alleged that “By purchasing coins from Google to wager on the Grande Games Casino Apps, Plaintiff and each member of the Multistate Class gambled and lost money within the meaning of the Civil Remedy Statute for Recovery of Gambling Losses.” Plaintiff also alleged that “Google has profited and continues to profit from gambling activity in violation of the Civil Remedy Statute for Recovery of Gambling Losses by: (1) providing marketing guidance, tools, promotional offers and more to help drive discovery of Grande Games Casino Apps and in-app purchases; (2) contributing to the creation and development of Grande Games Casino Apps; and (3) offering and distributing the Grande Games Casino Apps through Google Play and selling in-app purchases for the Grande Games Casino Apps in exchange for a significant percentage of the money paid and lost by Plaintiff and the members of the Class to gamble using the Grande Games Casino Apps.”

There are two claims for relief laid down by the Plaintiff. The first claim is for alleged violations of ‘Civil Remedy Statutes for recovery of gambling losses’ of twenty-five states that prohibit profiting from unlawful gambling activity and provide a statutory civil cause of action to recover money paid and lost due to gambling and the second claim is for alleged ‘Unjust Enrichment’ under the common law, which is materially uniform in the twenty-five states.

The twenty-five states at issue here are - Alabama, Arkansas, Connecticut, Georgia, Illinois, Indiana, Kentucky, Massachusetts, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New Mexico, New York, Ohio, Oregon, South Carolina, South Dakota, Tennessee, Vermont, Virginia, Washington, and West Virginia.

In her prayer for relief, the Plaintiff has requested the court to grant injunctive and other equitable relief as is necessary to protect the interests of the Plaintiff and Class members; order compensatory, consequential, and general damages, including nominal damages; statutory damages and punitive damages with prejudgment interest on all amounts; order disgorgement and litigation costs.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-01992

  • Filing Date:

    03/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Edward J. Davila

Referral Judge

Nathanael M. Cousins

 

Party Details

Plaintiff

Terri Bruschi

Defendants

Google Payment Corp.

Google, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Daniel L. Warshaw

Attorney at Pearson, Simon & Warshaw, LLP

15165 Ventura Boulevard, Suite 400

Sherman Oaks, CA 91403

Hassan Ali Zavareei

Attorney at Tycko & Zavareei LLP

1828 L Street, N.W., Suite 1000

Washington, DC 20036

Andrea R. Gold

Attorney at Tycko & Zavareei LLP

1828 L Street, N.W., Suite 1000

Washington, DC 20036

Defendant Attorney

Teresa Lauren Harrold Michaud

Attorney at Baker & McKenzie LLP

10250 Constellation Blvd., Suite 1850

Los Angeles, CA 90067

 

Court Documents

#24

(#24) ORDER GRANTING #23 STIPULATION TO STAY RESPONSE DATE AND ALL OTHER DEADLINES. Signed by Judge Edward J. Davila on 5/12/2021. (ejdlc1S, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021)

23 #1

Proposed Order

#23

(#23) STIPULATION WITH PROPOSED ORDER re #1 Complaint Stipulation Staying Response Date And All Other Case Deadlines Pending Decision on Multi-District Litigation Motion To Transfer The Case filed by Google Payment Corp., Google, LLC. (Attachments: #1 Proposed Order)(Michaud, Teresa) (Filed on 5/11/2021) (Entered: 05/11/2021)

#21

(#21) ORDER RELATING CASE. Signed by Judge Edward J. Davila on 04/15/2021. (ejdlc2S, COURT STAFF) (Filed on 4/15/2021) (Entered: 04/15/2021)

#20

(#20) NOTICE by Terri Bruschi (Notice of Lodging Opposition to Defendant's Administrative Motion to Consider Whether Cases Should Be Related) (Warshaw, Daniel) (Filed on 4/5/2021) (Entered: 04/05/2021)

#19

(#19) Corporate Disclosure Statement by Google Payment Corp. identifying Other Affiliate XXVI Holdings Inc., a Holding Company of Google LLC, Other Affiliate Alphabet Inc., Holding Company of XXVI Holdings Inc. for Google Payment Corp.. , Google Payment Corp. is a subsidiary of Google LLC, Alphabet Inc., a publicly traded company and no publicly traded company holds more than 10% of Alphabet Inc.'s stock (Michaud, Teresa) (Filed on 4/2/2021) (Entered: 04/02/2021)

#18

(#18) Certificate of Interested Entities by Google Payment Corp. identifying Other Affiliate XXVI Holdings Inc., a Holding Company of Google LLC, Other Affiliate Alphabet Inc., Holding Company of XXVI Holdings Inc. for Google Payment Corp.. and Google LLC, Defendant (Michaud, Teresa) (Filed on 4/2/2021) (Entered: 04/02/2021)

#10

(#10) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Google Payment Corp., Google, LLC.. (Michaud, Teresa) (Filed on 3/29/2021) (Entered: 03/29/2021)

#9

(#9) ORDER granting #8 Application for Admission Pro Hac Vice of Andrea Gold. Signed by Judge Susan van Keulen on 3/25/2021. (svklc1S, COURT STAFF) (Filed on 3/25/2021) (Entered: 03/25/2021)

8 #1

Certificate of Good Standing

#8

(#9) ORDER granting #8 Application for Admission Pro Hac Vice of Andrea Gold. Signed by Judge Susan van Keulen on 3/25/2021. (svklc1S, COURT STAFF) (Filed on 3/25/2021) (Entered: 03/25/2021)

#7

(#7) NOTICE of Appearance by Hassan Ali Zavareei (Zavareei, Hassan) (Filed on 3/25/2021) (Entered: 03/25/2021)

#6

(#6) Summons Issued as to Google Payment Corp., Google, LLC. (cv, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

#5

(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/15/2021. Initial Case Management Conference set for 6/22/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

#3

(#3) Certificate of Interested Entities by Terri Bruschi (Warshaw, Daniel) (Filed on 3/22/2021) (Entered: 03/22/2021)

#2

(#2) Proposed Summons. (Warshaw, Daniel) (Filed on 3/22/2021) (Entered: 03/22/2021)

1 #1

Civil Cover Sheet

#1

(#23) STIPULATION WITH PROPOSED ORDER re #1 Complaint Stipulation Staying Response Date And All Other Case Deadlines Pending Decision on Multi-District Litigation Motion To Transfer The Case filed by Google Payment Corp., Google, LLC. (Attachments: #1 Proposed Order)(Michaud, Teresa) (Filed on 5/11/2021) (Entered: 05/11/2021)

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Docket Entries

  • 05/13/2021
  • Docket(#25) CLERK'S NOTICE CONTINUING HEARING. Please take NOTICE that the Initial Case Management Conference set for 6/17/2021 is HEREBY CONTINUED to 7/8/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. Joint Case Management Statement due by 6/28/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amkS, COURT STAFF) (Filed on 5/13/2021) (Entered: 05/13/2021)

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  • 05/12/2021
  • Docket***Set Deadlines/Hearings: Joint Case Management Statement due by 6/28/2021. Initial Case Management Conference set for 7/8/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor. (amkS, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021)

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  • 05/12/2021
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  • Docket(#24) ORDER GRANTING #23 STIPULATION TO STAY RESPONSE DATE AND ALL OTHER DEADLINES. Signed by Judge Edward J. Davila on 5/12/2021. (ejdlc1S, COURT STAFF) (Filed on 5/12/2021) (Entered: 05/12/2021)

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  • 05/11/2021
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  • Docket(#23) STIPULATION WITH PROPOSED ORDER re #1 Complaint Stipulation Staying Response Date And All Other Case Deadlines Pending Decision on Multi-District Litigation Motion To Transfer The Case filed by Google Payment Corp., Google, LLC. (Attachments: #1 Proposed Order)(Michaud, Teresa) (Filed on 5/11/2021) (Entered: 05/11/2021)

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  • 04/20/2021
  • Docket(#22) (Text Only) CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 6/7/2021. Initial Case Management Conference set for 6/17/2021 10:00 AM in San Jose, Courtroom 4, 5th Floor before Hon. Edward J. Davila. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at http://cand.uscourts.gov/ejdorders. This is a text only docket entry, there is no document associated with this notice. (amkS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)

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  • 04/15/2021
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  • Docket(#21) ORDER RELATING CASE. Signed by Judge Edward J. Davila on 04/15/2021. (ejdlc2S, COURT STAFF) (Filed on 4/15/2021) (Entered: 04/15/2021)

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  • 04/05/2021
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  • Docket(#20) NOTICE by Terri Bruschi (Notice of Lodging Opposition to Defendant's Administrative Motion to Consider Whether Cases Should Be Related) (Warshaw, Daniel) (Filed on 4/5/2021) (Entered: 04/05/2021)

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  • 04/02/2021
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  • Docket(#19) Corporate Disclosure Statement by Google Payment Corp. identifying Other Affiliate XXVI Holdings Inc., a Holding Company of Google LLC, Other Affiliate Alphabet Inc., Holding Company of XXVI Holdings Inc. for Google Payment Corp.. , Google Payment Corp. is a subsidiary of Google LLC, Alphabet Inc., a publicly traded company and no publicly traded company holds more than 10% of Alphabet Inc.'s stock (Michaud, Teresa) (Filed on 4/2/2021) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#18) Certificate of Interested Entities by Google Payment Corp. identifying Other Affiliate XXVI Holdings Inc., a Holding Company of Google LLC, Other Affiliate Alphabet Inc., Holding Company of XXVI Holdings Inc. for Google Payment Corp.. and Google LLC, Defendant (Michaud, Teresa) (Filed on 4/2/2021) (Entered: 04/02/2021)

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  • 04/02/2021
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  • Docket(#17) Corporate Disclosure Statement by Google, LLC identifying Other Affiliate XXVI Holdings Inc., a Holding Company of Google LLC, Other Affiliate Alphabet Inc., Holding Company of XXVI Holdings Inc. for Google, LLC. , Alphabet Inc., a publicly traded company and no publicly traded company holds more than 10% of Alphabet Inc.'s stock (Michaud, Teresa) (Filed on 4/2/2021) (Entered: 04/02/2021)

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6 More Docket Entries
  • 03/29/2021
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  • Docket(#10) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Google Payment Corp., Google, LLC.. (Michaud, Teresa) (Filed on 3/29/2021) (Entered: 03/29/2021)

    Read MoreRead Less
  • 03/25/2021
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  • Docket(#9) ORDER granting #8 Application for Admission Pro Hac Vice of Andrea Gold. Signed by Judge Susan van Keulen on 3/25/2021. (svklc1S, COURT STAFF) (Filed on 3/25/2021) (Entered: 03/25/2021)

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  • 03/25/2021
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  • Docket(#8) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15749392.) filed by Terri Bruschi. (Attachments: #1 Certificate of Good Standing)(Gold, Andrea) (Filed on 3/25/2021) (Entered: 03/25/2021)

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  • 03/25/2021
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  • Docket(#7) NOTICE of Appearance by Hassan Ali Zavareei (Zavareei, Hassan) (Filed on 3/25/2021) (Entered: 03/25/2021)

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  • 03/23/2021
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  • Docket(#6) Summons Issued as to Google Payment Corp., Google, LLC. (cv, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

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  • 03/23/2021
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  • Docket(#5) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/15/2021. Initial Case Management Conference set for 6/22/2021 09:30 AM in San Jose, Courtroom 6, 4th Floor. (cv, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

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  • 03/23/2021
  • Docket(#4) Case assigned to Magistrate Judge Susan van Keulen. 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 4/6/2021. (anjS, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

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  • 03/22/2021
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  • Docket(#3) Certificate of Interested Entities by Terri Bruschi (Warshaw, Daniel) (Filed on 3/22/2021) (Entered: 03/22/2021)

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  • 03/22/2021
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  • Docket(#2) Proposed Summons. (Warshaw, Daniel) (Filed on 3/22/2021) (Entered: 03/22/2021)

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  • 03/22/2021
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  • Docket(#1) COMPLAINT against Google Payment Corp., Google, LLC ( Filing fee $ 402, receipt number 0971-15734681.). Filed byTerri Bruschi. (Attachments: #1 Civil Cover Sheet)(Warshaw, Daniel) (Filed on 3/22/2021) (Entered: 03/22/2021)

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