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Google Says It’s Already Producing Documents Sought in Ad Tech Case

There’s no need to compel Google to produce documents “that it has already agreed to produce,” Wilson Sonsini counsel for Google wrote U.S. District Judge Kevin Castel for Southern New York in Manhattan in a letter response Wednesday (docket 1:21-md-03010).…

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The plaintiffs in the multidistrict litigation challenging Google’s alleged anticompetitive hold on the digital ad tech market wrote the judge April 21 seeking to compel Google to produce 800,000 documents it produced for DOJ’s digital ad tech investigation but has withheld from the MDL plaintiffs (see 2304240002). There’s also no need for the court “to accelerate the timeline on which Google will produce these documents, as Google anticipates producing them before the deadline for substantial completion of document productions,” Wilson Sonsini attorney Justina Sessions told the judge. “Google is working diligently to produce these and other documents,” she said. The documents at issue are responsive to some of the 301 production requests that the MDL plaintiffs “served on the last day they were permitted to do so,” she said. By the time the plaintiffs filed their pre-motion letter seeking production of these documents without delay, “they knew that Google had sent the documents to a vendor for processing and that Google would then promptly produce them before the substantial completion deadline,” said Sessions. The plaintiffs “appear to take issue with the amount of time that it takes to process the documents for production,” she said. “Preparing these approximately 800,000 documents for production takes processing and quality-control-checking time,” she said. “However, this process is already underway by Google’s document vendor. Google will produce the documents at issue promptly once they are prepared.”