Villegas v. Google, Inc et al

Filing 33

MDL TRANSFER ORDER from the Judicial Panel of Multidistrict Litigation, pursuant to 28 USC 1407, transferring the case Villegas -. Google, Inc. (C.A. 12-cv-00915) from the Northern District of California to the District of Delaware to become part of MDL 2358. (Attachments: # 1 MDL 2358 Certified Transfer Order)(dhm, COURT STAFF) (Filed on 6/13/2012) [Transferred from California Northern on 6/15/2012.]

Case MDL No. 2358 Document 62 Filed 06/12/12 Page 1 of 3

UNITED STATES JUDICIAL PANEL
on

MULTIDISTRICT LITIGATION

IN RE: GOOGLE INC. COOKIE PLACEMENT
CONSUMER PRIVACY LITIGATION

MDL No. 2358

TRANSFER ORDER

Before the Panel:* Pursuant to 28 U.S.C. § 1407, common defendant Google Inc. (Google)
moves to centralize this litigation in the Northern District of California. This litigation currently
consists of eight actions pending in eight districts, as listed on Schedule A. 1
No party opposes centralization. Plaintiff in the Northern District ofCalifornia Villegas action
and defendant in that action, PointRoll, Inc. (PointRoll), support Google's motion in its entirety, and
the remaining responding plaintiffs in various actions or potential tag-along actions suggest selection
of one of the following districts to serve as the transferee forum: the District of Delaware, the
Southern District of Florida, the Northern District of Illinois.
On the basis of the papers filed and hearing session held, we fmd that these eight actions
involve common questions of fact, and that centralization in the District ofDelaware will serve the
convenience of the parties and witnesses and promote the just and efficient conduct of this litigation.
All actions are putative nationwide class actions against Google that center around Google's allegedly
improper placement of cookies on web browsers. Specifically, the actions share factual allegations
that Google (and, in the Northern District of California action, defendant PointRoll) surreptitiously
circumvented the privacy settings on the Safari or Internet Explorer browsers of plaintiffs to place
tracking cookies on the users' computing devices. Centralization will eliminate duplicative discovery;
prevent inconsistent pretrial rulings, including with respect to class certification; and conserve the
resources of the parties, their counsel, and the judiciary.
We are persuaded that the District of Delaware is an appropriate transferee district for this
litigation. Several plaintiffs support centralization in this district. Common defendant Google is a
Delaware corporation, and defendant PointRoll is headquartered in King of Prussia, Pennsylvania.
The other two companies reportedly implicated in this controversy - Vibrant Media and Media
Innovation Group- are both based in New York City and numerous other parties or witnesses may
be found near this district. By assigning this litigation to Judge Sue L. Robinson, we are selecting

• Judge Kathryn H. Vratil did not participate in the decision of this matter.
1

The Panel has been notified of twelve potentially related actions filed in various districts.
These and any other related actions are potential tag -along actions. See Panel Rules 1.1 (h), 7.1 and
7.2.

Case MDL No. 2358 Document 62 Filed 06/12/12 Page 2 of 3

-2-

a jurist experienced in complex multidistrict litigation to steer this matter on a prudent course.
IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, the actions listed on
Schedule A and pending outside the District of Delaware are transferred to the District of Delaware
and, with the consent of that court, assigned to the Honorable Sue L. Robinson for coordinated or
consolidated pretrial proceedings with the action pending there and listed on Schedule A.

PANEL ON MULTIDISTRICT LITIGATION

W. Royal Furgeson, Jr.
Paul J. Barbadoro
Charles R. Breyer

Barbara S. Jones
Marjorie 0. Rendell

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Case MDL No. 2358 Document 62 Filed 06/12/12 Page 3 of 3

IN RE: GOOGLE INC. COOKIE PLACEMENT
CONSUMER PRIVACY LITIGATION

SCHEDULE A

Northern District of California
Lourdes Villegas v. Google, Inc., et al., C.A. No.5: 12-00915
District of Delaware
Matthew Soble v. Google, Inc., C.A. No. 1:12-00200
Southern District of Florida
Keile Allen v. Google, Inc., C.A. No. 1:12-20842
Northern District of Illinois
Karin Kreisman v. Google, Inc., C.A. No. 1:12-01470
District of Kansas
James Henry Rischar v. Google, Inc., et al., C.A. No. 2:12-02100
Northern District of Mississippi
Alex Movitz v. Google, Inc., C.A. No.3: 12-00023
Western District of Missouri
Brian R. Martorana v. Google, Inc., C.A. No. 2:12-00222
District ofNew Jersey
Ana Yngelmo v. Google, Inc., C.A. No. 2:12-00983

MDL No. 2358