- Judge Lee reluctantly granted plaintiffs’ request to modify the scheduling order to allow more time for the class certification discovery and motion, the latter with a deadline of August 8.
- Judge Lee allowed a new deadline of Sept. 22.
- But the Judge rebuked the attorneys for both sides, especially the plaintiffs’ attorneys for having “wasted time on distractions” and both sides’ attorneys for failing to compromise on discovery disputes.
- Although the Judge granted an extension, she didn’t grant 3 months as requested by plaintiffs: “However, the Court does not accept Plaintiffs’ representation that a three-month extension is needed. Plaintiffs’ request for three months includes time to litigate discovery issues unrelated to class certification, which the Court does not approve. And Plaintiffs could have used the time available to prioritize training data, instead of engaging in discovery skirmishes on ancillary issues. The amended class certification schedule is reflected below.”
- The Judge faulted both sides’ attorneys: “One potential issue is that Plaintiffs have lacked focus, which is essential to a putative class action of this magnitude. Another potential issue is that Google has been somewhat intransigent in discovery, perhaps due to its view that a class will never be certified. See Opp. at 8, ECF No. 182 (referring to class proceedings as a “mirage”).”
Here are the plaintiffs’ interim lead counsel:
