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This case was last updated from PACER on 04/10/2021 at 09:45:13 (UTC).

CLIFFY CARE LANDSCAPING LLC v. FACEBOOK INC. et al

Case Summary

On February 09, 2021, RCliffy Care Landscaping LLC, individually and on behalf of all others similarly situated (“Plaintiff”), represented by Jonathan Laurence Rubin of Moginrubin LLP, filed a class action lawsuit against Facebook, Inc.(“Facebook”), Google LLC and Alphabet Inc.(“Google”) (collectively, “Defendants”), seeking equitable relief and treble damages for violation of the Sherman Antitrust Act, 15 U.S.C. § 1,. This case was filed in the U.S. District Court in the District Of Columbia District with Judge Kentanji B. Jackson presiding. 

 

Pursuant to Federal Rule of Civil Procedure 23(b)(3), the Plaintiff asserted to have filed the claim on behalf of all persons who purchased digital display advertising through Google Ads, Amazon DSP, or other non-Facebook demand-side platform to reach consumers in the United States between September 2018 and the present (“Class Period”).

 

In the complaint Plaintiff alleged that “In March 2017, Facebook announced that the company had chosen a group of technology partners through which it would implement a header bidding solution that opened FAN’s demand source directly to web and mobile app publishers, enabling publishers and advertisers to avoid the fees for transacting through Google’s ad server.” and that “Within months of Facebook’s announcement, Google and Facebook began to negotiate a truce to their competitive rivalry in the open display advertising market. The Defendants’ negotiations resulted in a conspiracy and agreement reached in September 2018 to allocate customers, allocate market segments, and rig the ad auction process in favor of Facebook’s advertisers. Facebook agreed to curtail its header bidding initiative and instead send its bids through Google’s ad server, an agreement that was codenamed “Jedi Blue” within Google.” “In addition, defendants agreed to confidentiality provisions and to “cooperate and assist” one another in the event of any antitrust investigation of their agreement.”

 

Plaintiff further alleged that “By granting Facebook’s bids preferential treatment, Google rendered Facebook’s advertisers uncontestable, effectively allocating advertisers between the two Defendants rather than competing for them. By choosing to accept preferences from Google rather than challenging Google’s Open Bidding program, Defendants allocated to one another different market segments within the ad tech stack.”

 

The only claim for relief laid down by the Plaintiff against all Defendants on behalf of the class is for Violation of Section 1 of the Sherman Act, 15 U.S.C. § 1, wherein the Plaintiff alleged that Defendants entered into the agreement with the purpose and intent of restraining competition in the open display advertising market. The agreement did, in fact, restrain competition in the market and thereby caused Plaintiff and the members of the class injury-in-fact and antitrust injury.

 

In its prayer for relief, the Plaintiff requested the court to pass an order to define the class as requested and to certify this as a class action in accordance with Federal Rule of Civil Procedure 23. The Plaintiff further requested the court to award each member of the class, treble the amount of damages actually sustained by alleged violations. In addition, equitable relief and costs of litigation have been requested by the Plaintiff. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00360

  • Filing Date:

    02/09/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

  • Court:

    U.S. District Courts

  • Courthouse:

    District Of Columbia District

Judge Details

Presiding Judge

Ketanji Brown Jackson

 

Party Details

Plaintiff

CLIFFY CARE LANDSCAPING LLC

Defendants

ALPHABET INC.

GOOGLE LLC

FACEBOOK INC.

Attorney/Law Firm Details

Plaintiff Attorneys

Jonathan Laurence Rubin

Attorney at MOGINRUBIN LLP

1615 M Street, Nw, Third Floor

Washington, DC 20036

Tim LaComb

Attorney at MOGINRUBIN LLP

One America Plaza, 600 West Broadway, Suite 3300

San Diego, CA 92101

Daniel J. Mogin

Attorney at MOGINRUBIN LLP

One America Plaza, 600 West Broadway, Suite 3300

San Diego, CA 92101

Jennifer M. Oliver

Attorney at MOGINRUBIN LLP

600 West Broadway, Suite 3300

San Diego, CA 92101

 

Court Documents

18 #1

Text of Proposed Order

#18

(#18) Unopposed MOTION toConsolidate Cases and Establishing Deadlines by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Text of Proposed Order)(Rubin, Jonathan) Modified on 4/5/2021 to correct docket event/text (zjf). (Entered: 04/02/2021)

17 #1

Declaration of Richard F. Lombardo

#17

(#17) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Richard F. Lombardo, Filing fee $ 100, receipt number ADCDC-8330630. Fee Status: Fee Paid. by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Declaration of Richard F. Lombardo)(Rubin, Jonathan) (Entered: 03/25/2021)

16 #2

Certificate of Service

16 #1

Exhibit Complaint

#16

(#16) NOTICE OF RELATED CASE by CLIFFY CARE LANDSCAPING LLC. Case related to Case No. 1:21-cv-00658-KBJ. (Attachments: #1 Exhibit Complaint, #2 Certificate of Service)(Rubin, Jonathan) (Entered: 03/15/2021)

13 #1

Declaration of Peter F. Rottgers

#13

(#13) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter F. Rottgers, Filing fee $ 100, receipt number ADCDC-8301088. Fee Status: Fee Paid. by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Declaration of Peter F. Rottgers)(Rubin, Jonathan) (Entered: 03/12/2021)

#5

(#5) WAIVER OF SERVICE. ALPHABET INC. waiver sent on 2/16/2021, answer due 4/17/2021. (Rubin, Jonathan) (Entered: 02/16/2021)

#4

(#4) SUMMONS (3) Issued Electronically as to ALPHABET INC., FACEBOOK INC., GOOGLE LLC (zjf) (Entered: 02/11/2021)

3 #2

Alphabet Inc Summons

3 #1

Google LLC Summons

#3

(#3) REQUEST FOR SUMMONS TO ISSUE re #1 Complaint filed by CLIFFY CARE LANDSCAPING LLC. Related document: #1 Complaint filed by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Google LLC Summons, #2 Alphabet Inc Summons)(Rubin, Jonathan) (Entered: 02/10/2021)

#2

(#2) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CLIFFY CARE LANDSCAPING LLC (Rubin, Jonathan) (Entered: 02/09/2021)

1 #2

Summons

1 #1

Civil Cover Sheet

#1

(#3) REQUEST FOR SUMMONS TO ISSUE re #1 Complaint filed by CLIFFY CARE LANDSCAPING LLC. Related document: #1 Complaint filed by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Google LLC Summons, #2 Alphabet Inc Summons)(Rubin, Jonathan) (Entered: 02/10/2021)

36 More Documents Available
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Docket Entries

  • 04/02/2021
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  • Docket(#18) Unopposed MOTION toConsolidate Cases and Establishing Deadlines by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Text of Proposed Order)(Rubin, Jonathan) Modified on 4/5/2021 to correct docket event/text (zjf). (Entered: 04/02/2021)

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  • 03/25/2021
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  • Docket(#17) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Richard F. Lombardo, Filing fee $ 100, receipt number ADCDC-8330630. Fee Status: Fee Paid. by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Declaration of Richard F. Lombardo)(Rubin, Jonathan) (Entered: 03/25/2021)

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  • 03/17/2021
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  • DocketMINUTE ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Peter F. Rottgers is admitted pro hac vice in this matter as counsel for Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Ketanji Brown Jackson on 3/17/2021. (jag) (Entered: 03/17/2021)

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  • 03/15/2021
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  • Docket(#16) NOTICE OF RELATED CASE by CLIFFY CARE LANDSCAPING LLC. Case related to Case No. 1:21-cv-00658-KBJ. (Attachments: #1 Exhibit Complaint, #2 Certificate of Service)(Rubin, Jonathan) (Entered: 03/15/2021)

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  • 03/15/2021
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  • Docket(#15) NOTICE of Appearance by Tim LaComb on behalf of CLIFFY CARE LANDSCAPING LLC (Attachments: #1 Certificate of Service)(LaComb, Tim) (Entered: 03/15/2021)

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  • 03/15/2021
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  • Docket(#14) NOTICE of Appearance by Daniel J. Mogin on behalf of CLIFFY CARE LANDSCAPING LLC (Attachments: #1 Certificate of Service)(Mogin, Daniel) (Entered: 03/15/2021)

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  • 03/12/2021
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  • Docket(#13) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter F. Rottgers, Filing fee $ 100, receipt number ADCDC-8301088. Fee Status: Fee Paid. by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Declaration of Peter F. Rottgers)(Rubin, Jonathan) (Entered: 03/12/2021)

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  • 03/10/2021
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  • Docket(#12) NOTICE OF RELATED CASE by CLIFFY CARE LANDSCAPING LLC. Case related to Case No. 1:21-cv-00622-KBJ. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Rubin, Jonathan) (Entered: 03/10/2021)

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  • 03/10/2021
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  • Docket(#11) NOTICE of Appearance by Jennifer M. Oliver on behalf of CLIFFY CARE LANDSCAPING LLC (Attachments: #1 Certificate of Service)(Oliver, Jennifer) (Entered: 03/10/2021)

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  • 03/05/2021
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  • DocketMINUTE ORDER granting #8 , #9 , #10 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that Daniel Jay Mogin, Jennifer Marie Oliver, and Timothy Z. LaComb are admitted pro hac vice in this matter as counsel for Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Ketanji Brown Jackson on 3/5/2021. (jag) Modified event title on 3/9/2021 (znmw). (Entered: 03/05/2021)

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2 More Docket Entries
  • 02/23/2021
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  • Docket(#8) MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel Jay Mogin, Filing fee $ 100, receipt number ADCDC-8235395. Fee Status: Fee Paid. by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Declaration of Daniel J. Mogin)(Rubin, Jonathan) (Entered: 02/23/2021)

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  • 02/18/2021
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  • Docket(#7) WAIVER OF SERVICE. FACEBOOK INC. waiver sent on 2/12/2021, answer due 4/13/2021. (Rubin, Jonathan) (Entered: 02/18/2021)

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  • 02/16/2021
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  • Docket(#6) WAIVER OF SERVICE. GOOGLE LLC waiver sent on 2/16/2021, answer due 4/17/2021. (Rubin, Jonathan) (Entered: 02/16/2021)

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  • 02/16/2021
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  • Docket(#5) WAIVER OF SERVICE. ALPHABET INC. waiver sent on 2/16/2021, answer due 4/17/2021. (Rubin, Jonathan) (Entered: 02/16/2021)

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  • 02/10/2021
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  • Docket(#4) SUMMONS (3) Issued Electronically as to ALPHABET INC., FACEBOOK INC., GOOGLE LLC (zjf) (Entered: 02/11/2021)

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  • 02/10/2021
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  • Docket(#3) REQUEST FOR SUMMONS TO ISSUE re #1 Complaint filed by CLIFFY CARE LANDSCAPING LLC. Related document: #1 Complaint filed by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Google LLC Summons, #2 Alphabet Inc Summons)(Rubin, Jonathan) (Entered: 02/10/2021)

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  • 02/10/2021
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  • DocketNOTICE OF ERROR re #1 Complaint; emailed to jrubin@moginrubin.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing/incorrect summonses. Please submit using the event Request for Summons to issue., 2. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsb, ) (Entered: 02/10/2021)

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  • 02/10/2021
  • DocketCase Assigned to Judge Ketanji Brown Jackson. (zsb) (Entered: 02/10/2021)

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  • 02/09/2021
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  • Docket(#2) LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CLIFFY CARE LANDSCAPING LLC (Rubin, Jonathan) (Entered: 02/09/2021)

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  • 02/09/2021
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  • Docket(#1) COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8182248) filed by CLIFFY CARE LANDSCAPING LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Rubin, Jonathan) (Entered: 02/09/2021)

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