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This case was last updated from PACER on 06/11/2021 at 10:51:03 (UTC).

Organic Panaceas, LLC v. Google, LLC et al

Case Summary

On April 12, 2021, Organic Panaceas, LLC, (“Plaintiff”) represented by Derriel Carlton McCovery of McCovery Law LLC and Philip Lawrence Gregory of Gregory Law Group filed an antitrust action on behalf of itself and all other similarly situated entities, against Google, LLC and Alphabet Inc. (collectively, “Google” or “Defendants”) seeking injunctive relief, treble damages among other reliefs for allegedly unlawfully maintaining monopolies, in the markets for online search and search advertising. The case was filed in the U.S. District Court for the Northern District of California with Judges Virginia K. DeMarchi and Beth Labson Freeman presiding. 

 

The Plaintiff brings this action on behalf of themselves and, under Federal Rules of Civil Procedure 23(a), (b)(2), (b)(3) and/or (c)(4)  for “all persons and entities in the United States that, from January 1, 2016 to the present, were excluded from placing ads by and/or as a result of Google’s anticompetitive implementation of its “policies and procedures.”

 

In the complaint, the Plaintiff alleged that “Google operates the leading online selling and buying tools, as well as the biggest marketplace where online ad deals happen. Because Google serves as both the operator of the major digital ad exchange and the representative of buyers and sellers on the digital ad exchange, Google operates a digital-ad monopoly that harms purchasers of digital ads (like Plaintiff), ad-industry competitors, and publishers. To further complicate matters, Google also acts as an ad buyer in its own right, selling ads on its own properties such as search and YouTube through these same systems.”

 

The Plaintiff has further alleged “Google leveraged its monopoly in online search and search advertising to acquire an illegal monopoly in brokering display advertising—the placement of advertisements on other companies’ websites. Google gained this market dominance, in part, by acquiring rivals in the online advertising space, conditioning access to its search-results data and YouTube video advertising platform upon the purchase of its separate display advertising services, and making its intermediation systems incompatible with those of its competitors. Google has entered into exclusionary agreements, including tying arrangements, and engaged in anticompetitive conduct to lock up distribution channels and block rivals.”

 

There is only one cause of action laid down by the Plaintiff. The cause of action is for the alleged violation of Sherman Antitrust Act 15 U.S.C. § 2., as Google wrongfully acquired and unlawfully maintained monopoly power in the market for digital display advertising and its component subparts and services in the United States through the overall scheme and conduct alleged herein, including by leveraging its monopoly power in the online search and other markets to coerce the purchase and use of its display advertising services (an unlawful tying arrangement), acquiring rivals, denying interoperability on several technological fronts, restricting competing firms’ access to information, using/implementing its “policies” in a predatory and exclusionary manner and rigging auctions that it controlled to its own advantage.

 

In its prayer for relief, the Plaintiff has requested the Court to maintain this action as a class action pursuant to Fed. R. Civ. P. 23(a), (b)(2), and (b)(3); and enter a judgment in favour of the Plaintiff and against Google. Plaintiff further requested the court to enter injunctive relief to restore competition in the relevant market, award damages, including treble damages, and/or restitution along with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-02629

  • Filing Date:

    04/12/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Antitrust

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Referral Judge

Virginia K. DeMarchi

Presiding Judge

Beth Labson Freeman

 

Party Details

Plaintiff

Organic Panaceas, LLC

Defendants

Alphabet Inc.

Google, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Derriel Carlton McCorvey

Attorney at McCorvey Law, LLC

102 Versailles Blvd., Ste. 620

Lafayette, LA 70501

Philip Lawrence Gregory

Attorney at Gregory Law Group

1250 Godetia Drive

Woodside, CA 94062

Joseph M. Bruno

Attorney at Bruno Bruno LLP

855 Baronne St., 3Rd Floor

New Orleans, LA 70113

Defendant Attorney

Justina Kahn Sessions

Attorney at Wilson Sonsini Goodrich & Rosati, P.C.

One Market Plaza, Spear Tower, Suite 3300

San Francisco, CA 94105

 

Court Documents

#16

(#16) ORDER CONSOLIDATING CASES. Signed by Judge Beth Labson Freeman on 5/13/2021. (blflc4S, COURT STAFF) (Filed on 5/13/2021) (Entered: 05/13/2021)

#15

(#15) Statement re #14 Statement Plaintiff's Statement in Support of Consolidation by Organic Panaceas, LLC. (Gregory, Philip) (Filed on 5/12/2021) (Entered: 05/12/2021)

#14

(#14) Statement re #12 Order on Administrative Motion per Civil Local Rule 7-11 DEFENDANTS' STATEMENT IN SUPPORT OF CONSOLIDATION by Alphabet Inc., Google, LLC. (Sessions, Justina) (Filed on 5/12/2021) (Entered: 05/12/2021)

13 #1

Notice of Eligibility for Video Recording

#13

(#13) ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings re 139 . Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Donna M. Ryu no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

#12

(#12) ORDER RELATING CASES AND TO SHOW CAUSE ON CONSOLIDATION. Signed by Judge Beth Labson Freeman on 5/5/2021.(blflc4S, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

11 #2

Proposed Order

11 #1

Declaration Declaration of D. McCorvey

#11

(#11) ADMINISTRATIVE MOTION Relate case to Master File No. 5:20-cv-03556-BLF filed by Organic Panaceas, LLC. Responses due by 5/3/2021. (Attachments: #1 Declaration Declaration of D. McCorvey, #2 Proposed Order)(Gregory, Philip) (Filed on 4/28/2021) (Entered: 04/28/2021)

#10

(#10) ORDER DIRECTING PLAINTIFF IN 21-CV-2629 TO FILE RELATION MOTION. Signed by Judge Beth Labson Freeman on 4/26/2021. (blflc4S, COURT STAFF) (Filed on 4/26/2021) (Entered: 04/26/2021)

#9

(#9) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/14/2021. Initial Case Management Conference set for 7/21/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 4/14/2021) (Entered: 04/14/2021)

#8

(#8) Summons Issued as to Alphabet Inc., Google, LLC. (cjlS, COURT STAFF) (Filed on 4/14/2021) (Entered: 04/14/2021)

#7

(#7) ORDER by Magistrate Judge Donna M. Ryu granting #4 Joseph M. Bruno's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 4/13/2021) (Entered: 04/13/2021)

4 #2

Supplement

4 #1

Supplement

#4

(#4) MOTION for leave to appear in Pro Hac Vice Re: Joseph M. Bruno (Filing fee $ 317, receipt number 0971-15829224) filed by Organic Panaceas, LLC. (Attachments: #1 Supplement, #2 Supplement)(Bruno, Joseph) (Filed on 4/13/2021) Modified on 4/14/2021 (cjlS, COURT STAFF). (Entered: 04/13/2021)

3 #1

Certificate of Good Standing

#3

(#3) MOTION for leave to appear in Pro Hac Vice filed by Derriel C. McCorvey ( Filing fee $ 317, receipt number 0971-15827497.) filed by Organic Panaceas, LLC. (Attachments: #1 Certificate of Good Standing)(McCorvey, Derriel) (Filed on 4/12/2021) (Entered: 04/12/2021)

15 More Documents Available
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Docket Entries

  • 05/14/2021
  • DocketFor Further Docket Entries See Lead Consolidated Action 5:20-cv-03556-BLF. (sfbS, COURT STAFF) (Filed on 5/14/2021) (Entered: 05/14/2021)

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  • 05/13/2021
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  • Docket(#16) ORDER CONSOLIDATING CASES. Signed by Judge Beth Labson Freeman on 5/13/2021. (blflc4S, COURT STAFF) (Filed on 5/13/2021) (Entered: 05/13/2021)

    Read MoreRead Less
  • 05/12/2021
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  • Docket(#15) Statement re #14 Statement Plaintiff's Statement in Support of Consolidation by Organic Panaceas, LLC. (Gregory, Philip) (Filed on 5/12/2021) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/12/2021
  • View Court Documents
  • Docket(#14) Statement re #12 Order on Administrative Motion per Civil Local Rule 7-11 DEFENDANTS' STATEMENT IN SUPPORT OF CONSOLIDATION by Alphabet Inc., Google, LLC. (Sessions, Justina) (Filed on 5/12/2021) (Entered: 05/12/2021)

    Read MoreRead Less
  • 05/05/2021
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  • Docket(#13) ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman for all further proceedings re 139 . Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Donna M. Ryu no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording)(bwS, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

    Read MoreRead Less
  • 05/05/2021
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  • Docket(#12) ORDER RELATING CASES AND TO SHOW CAUSE ON CONSOLIDATION. Signed by Judge Beth Labson Freeman on 5/5/2021.(blflc4S, COURT STAFF) (Filed on 5/5/2021) (Entered: 05/05/2021)

    Read MoreRead Less
  • 04/28/2021
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  • Docket(#11) ADMINISTRATIVE MOTION Relate case to Master File No. 5:20-cv-03556-BLF filed by Organic Panaceas, LLC. Responses due by 5/3/2021. (Attachments: #1 Declaration Declaration of D. McCorvey, #2 Proposed Order)(Gregory, Philip) (Filed on 4/28/2021) (Entered: 04/28/2021)

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  • 04/26/2021
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  • Docket(#10) ORDER DIRECTING PLAINTIFF IN 21-CV-2629 TO FILE RELATION MOTION. Signed by Judge Beth Labson Freeman on 4/26/2021. (blflc4S, COURT STAFF) (Filed on 4/26/2021) (Entered: 04/26/2021)

    Read MoreRead Less
  • 04/14/2021
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  • Docket(#9) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/14/2021. Initial Case Management Conference set for 7/21/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 4/14/2021) (Entered: 04/14/2021)

    Read MoreRead Less
  • 04/14/2021
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  • Docket(#8) Summons Issued as to Alphabet Inc., Google, LLC. (cjlS, COURT STAFF) (Filed on 4/14/2021) (Entered: 04/14/2021)

    Read MoreRead Less
  • 04/13/2021
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  • Docket(#7) ORDER by Magistrate Judge Donna M. Ryu granting #4 Joseph M. Bruno's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 4/13/2021) (Entered: 04/13/2021)

    Read MoreRead Less
  • 04/13/2021
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  • Docket(#6) ORDER by Magistrate Judge Donna M. Ryu granting #3 Derriel C. McCorvey's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 4/13/2021) (Entered: 04/13/2021)

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  • 04/13/2021
  • Docket(#5) Case assigned to Magistrate Judge Donna M. Ryu. 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 4/27/2021. (haS, COURT STAFF) (Filed on 4/13/2021) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#4) MOTION for leave to appear in Pro Hac Vice Re: Joseph M. Bruno (Filing fee $ 317, receipt number 0971-15829224) filed by Organic Panaceas, LLC. (Attachments: #1 Supplement, #2 Supplement)(Bruno, Joseph) (Filed on 4/13/2021) Modified on 4/14/2021 (cjlS, COURT STAFF). (Entered: 04/13/2021)

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  • 04/12/2021
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  • Docket(#3) MOTION for leave to appear in Pro Hac Vice filed by Derriel C. McCorvey ( Filing fee $ 317, receipt number 0971-15827497.) filed by Organic Panaceas, LLC. (Attachments: #1 Certificate of Good Standing)(McCorvey, Derriel) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#2) Proposed Summons. (Gregory, Philip) (Filed on 4/12/2021) (Entered: 04/12/2021)

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  • 04/12/2021
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  • Docket(#1) CLASS ACTION COMPLAINT (with jury demand) against Alphabet Inc., Google, LLC (Filing fee $ 402, receipt number 0971-15826945). Filed by Organic Panaceas, LLC. (Attachments: #1 Civil Cover Sheet)(Gregory, Philip) (Filed on 4/12/2021) Modified on 4/14/2021 (cjlS, COURT STAFF). (Entered: 04/12/2021)

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