Google Seeks to Defer Play Store MDL Trial, Pending 9th Circuit Decision

The 9th U.S. Circuit Appeals Court granted Google petition for review of a district court order certifying a consumer class in the multidistrict Google Play Store litigation, and Google seeks to defer the MDL trial until the 9th Circuit rules on its petition, said Google’s motion Thursday (docket 3:21-cv-05227). The U.S. District Court for Northern California's certified the class Nov. 28. Google said it conferred with all the plaintiffs in the MDL, including the consumer plaintiffs, the state attorneys general, Epic Games and Match Group, and all oppose the motion to defer. The 9th Circuit’s decision is expected after Nov. 6, the date set for trial in the MDL, it said. Google proposes “the parties continue to move this case forward” by completing expert depositions, dispositive motions and other proceedings, it said. But in light of the expected timing of the 9th Circuit’s decision and “the significant impact” it may have on any trial, Google submits “that the most practical and sensible path forward” is for the court to defer the trial and final pretrial conference in this MDL until after the 9th Circuit decides Google’s appeal, it said. Once the 9th Circuit has ruled, “the parties will be prepared to proceed to trial expeditiously,” it said.