Newman et al v. Google LLC et al

Filing 155

ORDER RE: Supplemental Briefing. Signed by Judge Vince Chhabria on 6/7/2023. (vclc2, COURT STAFF) (Filed on 6/7/2023)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

KIMBERLY CARLESTE NEWMAN, et
al.,
Plaintiffs,
v.

Case No. 20-cv-04011-VC
ORDER RE: SUPPLEMENTAL
BRIEFING
Re: Dkt. No. 146

GOOGLE LLC, et al.,
Defendants.

Because it would have been impossible for Google to meaningfully respond in its 15page motion to all the scattershot allegations in the latest iteration of the complaint, Google is
invited to file a supplemental brief responding to a few specific video comparisons alleged in the
chart. See Dkt. No. 144 at 26–31. In particular, Google should address whether the decision to
restrict the following videos, considered in conjunction with paragraphs 74–78 of the Fifth
Amended Complaint, could give rise to a claim for breach of contract:
•

Khalif Muhammad
o “Dr. SYNQ: NCOBRA Responds to ADOS”
o “Dr. SYNQ’s Effective Numbers Theory”

•

Harvey Stubbs
o “John Boyega and the directors who would work with him”
o “Spike Lee and the Oscars”

•

Denotra Nicole Lewis (“Nicole’s View”)
o “In Memory of”

o “Say What!?: Billy Dee Williams Comes Out as ‘Gender Fluid’”
o “Halle Bailey & the New Little Mermaid Casting ‘Controversy’”
•

Andrew Hepkins
o “Anthony Joshua’s Redemption — The Responsibility of Success”
o “Dear Gillette & America: ‘Toxic Masculinity’ Doesn’t Exist”
o “Canelo Versus GGG — Who Wins and Why”
o “Democratic Dilemma: Are Black Americans Ready to #WalkAway?”

•

T-K Reyes
o “Free Lunch – ‘Lick My Balls’ – Music Video – Hot New Hip Hop Rap
Song 2018”

•

T-O Ley
o “How to make fake cuts or wounds with makeup step by step”

In discussing these videos, Google should address the comparator videos offered for each
video and explain why they do not contribute to an inference that the plaintiffs’ videos were
treated differently on the basis of their race. For purposes of its supplemental brief, Google
should assume that it is contractually bound to refrain from considering the race (or other
personal characteristics) of content creators in deciding whether to restrict their videos. The
supplemental brief is due Friday, June 16 at 5:00 p.m. and should not exceed 20 pages. Google is
reminded that the Court may only consider allegations in the complaint, materials incorporated
into the complaint by reference, and anything properly subject to judicial notice.

IT IS SO ORDERED.
Dated: June 7, 2023
______________________________________
VINCE CHHABRIA
United States District Judge

2