The State Of Texas v. Google, LLC
- P. Castel
- 1:21-cv-06841
- U.S. District Court · Southern District of New York
- 4
In State of Texas v. Google, Judge Castel denied Google's request to stop transfer while it sought review of a multidistrict-panel remand.
Google LLC's request to delay transfer was denied; the State Plaintiffs' case remained subject to the Judicial Panel on Multidistrict Litigation's remand order.
What happened
In State of Texas, et al. v. Google LLC, Google asked the Southern District of New York to stop the Clerk from transferring the case to the Eastern District of Texas. The Judicial Panel on Multidistrict Litigation had ordered the transfer after granting the State Plaintiffs' request to send the case back.
Google said a temporary stop was needed while it sought review by the U.S. Court of Appeals for the Second Circuit through a special court order. Google argued that transfer could prevent that review and could cause duplicative litigation and lost benefits from coordinated proceedings.
Judge P. Kevin Castel denied Google's application. The readable portion of the order states that the application was properly directed to the Judicial Panel on Multidistrict Litigation, and that Google had identified no basis for this court to review the panel's decision.
The detailed version
- The State Of Texas v. Google, LLC · No. 1:21-cv-06841
- P. Castel
- June 12, 2023
Background
The case was part of a multidistrict litigation involving digital-advertising antitrust claims. On June 5, 2023, the Judicial Panel on Multidistrict Litigation granted the State Plaintiffs' request to remand the case to the U.S. District Court for the Eastern District of Texas. Under the Southern District of New York's local rule, the Clerk could transfer the case after seven days unless the court ordered otherwise.
Google's request
Google asked the Southern District of New York to direct the Clerk not to transfer the case while Google sought review of the panel's remand order. Google said it intended to ask the Second Circuit for extraordinary relief, called a writ of mandamus, and had also asked the Judicial Panel on Multidistrict Litigation to stay its remand order. Google argued that transfer could interfere with the Second Circuit's ability to review the remand decision and could require overlapping litigation in multiple courts.
Ruling
Judge P. Kevin Castel denied Google's application. The order states that Google's request for a stay was properly presented to the Judicial Panel on Multidistrict Litigation, not this court, and that Google identified no authority giving the Southern District of New York jurisdiction to review the panel's order. The supplied text does not show any ruling on the underlying antitrust claims.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.