The State Of Texas, et al V Google, LLC
Filing
452
MEMORANDUM ADOPTING 428 REPORT AND RECOMMENDATION OF THE SPECIAL MASTER. It is ORDERED that the Motion for Protective Order, (Dkt. # 347 ), is GRANTED in part and DENIED in part. It is further ORDERED that the motion is GRANTED as to Ms. Garber 9;s deposition. It is further ORDERED that the motion is GRANTED as to the States' written discovery seeking discovery-on-discovery without prejudice to the States later seeking such discovery if justified. It is further ORDERED that the motion is DENIED as to Rule 30(b)(6) testimony on Topics 1 and 18 with respect to Google Chats. It is further ORDERED that the motion is GRANTED as to Rule 30(b)(6) testimony on Topics 2, 3, 4, 5, 16, 17, and 19. It is further ORDERED that Google must condu ct a re-review of those privileged documents identified on its privilege log that mention or refer to Ms. Garber and confirm that such documents, upon counsel of record's review, are not tainted by the alleged "fake privilege." Signed by District Judge Sean D. Jordan on 5/1/2024. (jmb)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
THE STATE OF TEXAS, ET AL.
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§
§
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§
v.
GOOGLE LLC
CIVIL NO. 4:20-CV-957-SDJ
MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF THE SPECIAL MASTER
Before
the
Court
is
Special
Master
David
Moran’s
Report
and
Recommendation, (Dkt. #428), concerning Google LLC’s (“Google”) Motion for
Protective Order, (Dkt. #347), and Memorandum in Support thereof, (Dkt. #361).
Plaintiff States oppose the motion. (Dkt. #374). The Court referred the motion to the
Special Master on April 12, 2024. (Dkt. #367). The parties did not file any objections.
After full consideration, the Report and Recommendation of the Special
Master, (Dkt. #428), is ADOPTED. It is ORDERED that the Motion for Protective
Order, (Dkt. #347), is GRANTED in part and DENIED in part.
It is further ORDERED that the motion is GRANTED as to Ms. Garber’s
deposition.
It is further ORDERED that the motion is GRANTED as to the States’
written discovery seeking discovery-on-discovery without prejudice to the States later
seeking such discovery if justified.
It is further ORDERED that the motion is DENIED as to Rule 30(b)(6)
testimony on Topics 1 and 18 with respect to Google Chats.
1
.
It is further ORDERED that the motion is GRANTED as to Rule 30(b)(6)
testimony on Topics 2, 3, 4, 5, 16, 17, and 19.
It is further ORDERED that Google must conduct a re-review of those
privileged documents identified on its privilege log that mention or refer to Ms.
Garber and confirm that such documents, upon counsel of record’s review, are not
tainted by the alleged “fake privilege.”
So ORDERED and SIGNED this 1st day of May, 2024.
____________________________________
SEAN D. JORDAN
UNITED STATES DISTRICT JUDGE
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