Kumandan et al v. Google LLC et al

Filing 331

ORDER FOLLOWING OCTOBER 20, 2022 DISCOVERY HEARING ON SAMPLING PLAN. Signed by Judge Susan van Keulen on 10/20/2022. (svklc1, COURT STAFF) (Filed on 10/20/2022)

Case 5:19-cv-04286-BLF Document 331 Filed 10/20/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE GOOGLE ASSISTANT PRIVACY
LITIGATION.

Case No. 19-cv-04286-BLF (SVK)

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ORDER FOLLOWING OCTOBER 20,
2022 DISCOVERY HEARING ON
SAMPLING PLAN

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United States District Court
Northern District of California

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The Court held a hearing by video on October 20, 2022 concerning the status of the

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Parties’ compliance with its September 16, 2022 Order requiring the Parties to meet and confer to

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develop a plan for the sampling and production of relevant data. See Dkt. 278. As directed by the

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Court, in addition to counsel, persons with sufficient technical knowledge of the relevant issues

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attended the hearing on behalf of both sides and provided input. Id. For the reasons discussed at

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the hearing, the Court ORDERS as follows:

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1. Google will commence forthwith production, on a rolling basis, of sample sets. Production

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must be completed by the deadline previously set, December 16, 2022. See id.

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2. Over the 25 quarters that the Parties have agreed are relevant, Google will perform

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sampling for 8 days per quarter. Plaintiffs will select the days to be sampled.

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3. For each sample day, Google will provide the total number of queries for that 24-hour day.

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4. Google will provide raw data for a random sample of 0.5% of the queries for each sample

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day. The random sample will be selected using a tool agreed upon by the Parties.
5. For the set of randomly sampled queries for each sample day, Google will provide (1) the

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number of queries that did not contain a hot word, (2) the number of queries that were sent

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to a human reviewer, and (3) the number of queries that were included in a dataset.

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6. Google may anonymize the raw data before producing it to Plaintiffs. Because Google has

Case 5:19-cv-04286-BLF Document 331 Filed 10/20/22 Page 2 of 2

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not identified a way to automatically parse the preamble from other portions of a query,

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and because Plaintiffs dispute whether the preamble alone is adequate to determine a “false

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accept,” Google must turn over the entirety of each sampled query as reflected in the

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speech logs.

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7. To ensure that progress is being made pursuant to this Order, Google will provide status

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reports to the Court on November 10, December 1 and December 15, 2022 on the progress

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of sampling and the rolling production.

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SO ORDERED.

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Dated: October 20, 2022

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United States District Court
Northern District of California

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SUSAN VAN KEULEN
United States Magistrate Judge

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