Judge Seeks to Set Evidentiary Hearing in Multistate Suit vs. Google

U.S. District Judge James Donato for Northern California in San Francisco wants to hold an evidentiary hearing on one of three dates to address the discovery dispute over Google's electronic chat data in the multistate antitrust lawsuit over Android software app distribution, said a text-only order Wednesday (docket 3:21-cv-05227). Donato wants the parties’ consensus by Nov. 28 about whether the hearing should be held Jan. 10 at 10 a.m. PST, Jan. 11 at 10 a.m. PST or Jan. 12 at 1:30 p.m. PST, said his order. Both sides will confer on a joint proposed witness list with testimony topics that will be due seven court days before the hearing date, he said. Donato anticipates testimony by Google witnesses about the use and operation of the electronic chat system, including storage and deletion policies, guidelines for chat content, and examples of typical chat communications. Google will present this information through direct examinations of the witnesses, and plaintiffs will cross-examine. Roughly three dozen states plus the District of Columbia sued in July 2021 to enjoin Google from unlawfully restraining trade and maintaining monopolies in the markets for Android software app distribution and for payment processing of digital content purchased within Android apps in the U.S.