This case was last updated from U.S. District Courts on 08/03/2022 at 09:22:45 (UTC).

Rumble, Inc. v. Google LLC et al

Case Summary

On January 11, 2021, Rumble, Inc. (“Rumble” or “Plaintiff”), represented by Allan W. Jansen and Robert W. Dickerson of Burke, Williams & Sorensen, LLP, Jack G. Stern, Nicholas A. Gravante, Jr., and Philip J. Iovieno of Cadwalader Wickersham & Taft LLP, filed a civil action against Google LLC (“Google” or “Defendant”) and DOES 1-10, represented by John E. Schmidtlein of Williams & Connolly LLP, seeking injunctive relief and damages for alleged unlawful acts of Defendant. This case was filed in the U.S. District Court for the Northern District of California with Judges Thomas S. Hixson and Haywood S. Gilliam, Jr., presiding.

In the complaint, Plaintiff stated that “since 2013, Rumble has operated an online video-sharing platform. Today, Rumble is one of the most respected independent and privately owned companies in the online video-sharing platform industry and market, and its business model is premised upon helping the “little guy/gal” video content creators monetize their videos.”

Plaintiff alleged that “Rumble receives between $10 and $30 per thousand views of its exclusive videos on its platform, but when that search traffic has been diverted to YouTube through Google’s wrongful conduct, Rumble has received only forty-eight cents ($0.48) on average per thousand views of its videos from YouTube. It is Google’s unlawfully acquired monopoly power in the relevant market that has allowed it to pay so little, and keep so much, of the advertising revenue.”

Plaintiff further alleged that “Google rigging its search algorithms purposefully and unlawfully to always give preference to Google’s YouTube video-sharing platform over Rumble (and other platforms) in Google search results, such that the Google search page result for online videos lists links to the YouTube site as the first search results, even if the search specified Rumble, such as ‘dog videos on rumble.’”

Plaintiff then alleged that “Google has also forced Android-based smartphone manufacturers to include YouTube as a preinstalled app on their phones in order to acquire the right to use the Android operating system, which constitutes an illegal tying arrangement. This also has damaged and continues to damage Rumble by further self-preferencing YouTube over Rumble (and other platforms, which harms competition in addition to Rumble). Because much of the online searching for videos is done on smartphones, this further ensures that Google’s YouTube platform receives unfair preferential treatment. Google thus wrongfully acquired and maintains a monopoly over the market for online video-sharing platforms.”

Plaintiff also alleged that “Google has willfully and unlawfully created and maintained a monopoly in the online video-sharing platform market in at least two ways. First, by manipulating the algorithms by which searched-for-video results are listed, Google insures that the videos on YouTube are listed first, and that those of its competitors, such as Rumble, are listed way down the list on the first page of the search results, or not on the first page at all; and second, by pre-installation of the YouTube app as the default online video-sharing app on Google smart phones, and by entering into anti-competitive, illegal tying agreements with other smartphone manufacturers to do the same.”

Plaintiff presented two claims for relief alleging Google maintains a monopoly of online video-sharing platform services in violation of Sherman Act § 2 and maintains tying arrangements in violation of Sherman Act § 1.

In the prayer for relief, Plaintiff requested injunctive relief and an award of damages, costs, and fees.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00229

  • Filing Date:

    01/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judges

Thomas S. Hixson

Haywood S Gilliam, Jr

 

Party Details

Plaintiff

Rumble, Inc.

Defendants

Does 1-10, inclusive

Google LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Robert William Dickerson

Attorney at Burke, Williams & Sorensen, LLP

444 South Flower Street, Suite 2400

Los Angeles, CA 90071

Nicholas A. Gravante, Jr.

Attorney at Cadwalader Wickersham and Taft LLP

200 Liberty Street

New York, NY 10281

Allan William Jansen

424 Monarch Bay Drive

Monarch Beach, CA 92629

Jack G. Stern

Attorney at Cadwalader Wickersham and Taft LLP

200 Liberty Street

New York, NY 10281

Philip J Iovieno

Attorney at Cadwalader Wickersham & Taft LLP

200 Liberty Street

New York, NY 10281

Defendant Attorney

John Edward Schmidtlein

Attorney at Williams & Connolly LLP

680 Maine Avenue Sw

Washington, DC 20024

 

Court Documents

#57

(#57) ORDER DENYING #32 MOTION TO DISMISS AND TO STRIKE.Case Management Statement due by 8/23/2022. Initial Case Management Conference set for 8/30/2022 02:00 PM. The August 23rd 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. Signed by Judge Haywood S. Gilliam, Jr. on 7/29/2022. (ndr, COURT STAFF) (Filed on 7/29/2022) (Entered: 07/29/2022)

#56

(#56) NOTICE of Appearance by Allan William Jansen for Rumble, Inc. (Jansen, Allan) (Filed on 7/13/2022) (Entered: 07/13/2022)

#55

(#55) NOTICE of Change of Address by John Edward Schmidtlein for counsel for Defendant Google LLC (Schmidtlein, John) (Filed on 5/3/2022) (Entered: 05/03/2022)

#54

(#54) TRANSCRIPT ORDER for proceedings held on 9/9/2021 before Judge Haywood S Gilliam, Jr for Court Reporter Raynee Mercado. (oh, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

#53

(#53) NOTICE of Change In Counsel by Robert William Dickerson (Dickerson, Robert) (Filed on 10/21/2021) (Entered: 10/21/2021)

#52

(#52) Transcript of Proceedings held on September 9, 2021, before Judge Haywood S. Gilliam, Jr.. Court Reporter Raynee H. Mercado, CSR, telephone number 510-565-7228, cacsr8258@gmail.com. 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 #49 Transcript Order ) Release of Transcript Restriction set for 12/28/2021. (Related document(s) #49 ) (rhm) (Filed on 9/29/2021) (Entered: 09/29/2021)

#49

(#49) TRANSCRIPT ORDER for proceedings held on 9/9/2021 before Judge Haywood S Gilliam, Jr by Rumble, Inc., for Court Reporter Raynee Mercado. (Dickerson, Robert) (Filed on 9/10/2021) (Entered: 09/10/2021)

32 #1

Proposed Order

32 #32

Main Document

#10

#8

#6

#5

4 #1

Standing Order

#4

#2

1 #1

Civil Cover Sheet

#1

52 More Documents Available
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Docket Entries

  • 07/29/2022
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  • Docket(#57) ORDER DENYING #32 MOTION TO DISMISS AND TO STRIKE.Case Management Statement due by 8/23/2022. Initial Case Management Conference set for 8/30/2022 02:00 PM. The August 23rd 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. Signed by Judge Haywood S. Gilliam, Jr. on 7/29/2022. (ndr, COURT STAFF) (Filed on 7/29/2022) (Entered: 07/29/2022)

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  • 07/13/2022
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  • Docket#Electronic filing error. Attorney Allan W. Jansen needs to update profile in the ECF account as the current docket shows an inactive account with the email address ajansen 4;sheppardmullin.com (Inactive). This filing will not be processed by the clerks office. Re: #56 Notice of Appearance filed by Rumble, Inc. (mcl, COURT STAFF) (Filed on 7/13/2022) (Entered: 07/13/2022)

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  • 07/13/2022
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  • Docket(#56) NOTICE of Appearance by Allan William Jansen for Rumble, Inc. (Jansen, Allan) (Filed on 7/13/2022) (Entered: 07/13/2022)

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  • 05/03/2022
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  • Docket(#55) NOTICE of Change of Address by John Edward Schmidtlein for counsel for Defendant Google LLC (Schmidtlein, John) (Filed on 5/3/2022) (Entered: 05/03/2022)

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  • 10/22/2021
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  • Docket(#54) TRANSCRIPT ORDER for proceedings held on 9/9/2021 before Judge Haywood S Gilliam, Jr for Court Reporter Raynee Mercado. (oh, COURT STAFF) (Filed on 10/22/2021) (Entered: 10/22/2021)

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  • 10/21/2021
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  • Docket(#53) NOTICE of Change In Counsel by Robert William Dickerson (Dickerson, Robert) (Filed on 10/21/2021) (Entered: 10/21/2021)

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  • 09/29/2021
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  • Docket(#52) Transcript of Proceedings held on September 9, 2021, before Judge Haywood S. Gilliam, Jr.. Court Reporter Raynee H. Mercado, CSR, telephone number 510-565-7228, cacsr8258@gmail.com. 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 #49 Transcript Order ) Release of Transcript Restriction set for 12/28/2021. (Related document(s) #49 ) (rhm) (Filed on 9/29/2021) (Entered: 09/29/2021)

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  • 09/10/2021
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  • Docket(#51) TRANSCRIPT ORDER for proceedings held on 09/09/2021 before Judge Haywood S Gilliam, Jr by Google LLC, for Court Reporter Raynee Mercado. (Schmidtlein, John) (Filed on 9/10/2021) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#49) TRANSCRIPT ORDER for proceedings held on 9/9/2021 before Judge Haywood S Gilliam, Jr by Rumble, Inc., for Court Reporter Raynee Mercado. (Dickerson, Robert) (Filed on 9/10/2021) (Entered: 09/10/2021)

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  • 09/09/2021
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  • Docket(#50) Minute Entry for proceedings held before Judge Haywood S Gilliam, Jr: Telephonic Motion Hearing held and Telephonic Initial Case Management Conference NOT held on 9/9/2021.Total Time in Court: 40 minutes. Court Reporter: Raynee Mercado. Plaintiff Attorney: Jack Stern and Robert Dickerson. Defendant Attorney: John Schmidtlein. The motion to strike and motion to dismiss (docket no. #32 ) are 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: 9/9/2021) (Entered: 09/10/2021)

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40 More Docket Entries
  • 01/21/2021
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  • Docket(#10) CERTIFICATE OF SERVICE by Rumble, Inc. (Dickerson, Robert) (Filed on 1/21/2021) (Entered: 01/21/2021)

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  • 01/19/2021
  • Docket(#9) CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for April 20, 2021, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by April 13th. 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-00229-HSG. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 1/19/2021) (Entered: 01/19/2021)

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  • 01/19/2021
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  • Docket(#8) ORDER, 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 the case.. Signed by The Clerk on 1/19/21. (haS, COURT STAFF) (Filed on 1/19/2021) (Entered: 01/19/2021)

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  • 01/19/2021
  • Docket(#7) 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. (rmm2S, COURT STAFF) (Filed on 1/19/2021) (Entered: 01/19/2021)

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  • 01/19/2021
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  • Docket(#6) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rumble, Inc... (Dickerson, Robert) (Filed on 1/19/2021) (Entered: 01/19/2021)

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  • 01/12/2021
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  • Docket(#5) Summons Issued as to Google LLC. (msrS, COURT STAFF) (Filed on 1/12/2021) (Entered: 01/12/2021)

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  • 01/12/2021
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  • Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/8/2021. Initial Case Management Conference set for 4/15/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor. (Attachments: #1 Standing Order)(msrS, COURT STAFF) (Filed on 1/12/2021) (Entered: 01/12/2021)

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  • 01/11/2021
  • Docket(#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 1/25/2021. (mbcS, COURT STAFF) (Filed on 1/11/2021) (Entered: 01/11/2021)

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  • 01/11/2021
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  • Docket(#2) Proposed Summons. (Dickerson, Robert) (Filed on 1/11/2021) (Entered: 01/11/2021)

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  • 01/11/2021
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  • Docket(#1) COMPLAINT against Google LLC ( Filing fee $ 402, receipt number 0971-15424117.). Filed byRumble, Inc.. (Attachments: #1 Civil Cover Sheet)(Dickerson, Robert) (Filed on 1/11/2021) (Entered: 01/11/2021)

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