Case: Rowe v. Google LLC

COMPLAINT against Google LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-17617580)Document filed by Ulku Rowe.(Greene, Cara) (Entered: 09/17/2019)

CIVIL COVER SHEET filed. (Greene, Cara) (Entered: 09/17/2019)

REQUEST FOR ISSUANCE OF SUMMONS as to Google LLC, re: 1 Complaint. Document filed by Ulku Rowe. (Greene, Cara) (Entered: 09/17/2019)

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Cara Elizabeth Greene. The following case opening statistical information was erroneously selected/entered: Dollar Demand $75,001,000. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $75,000. (dnh)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (dnh)

Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php. (dnh)

Case Designated ECF. (dnh)

ELECTRONIC SUMMONS ISSUED as to Google LLC. (dnh) (Entered: 09/18/2019)

WAIVER OF SERVICE RETURNED EXECUTED. Google LLC waiver sent on 9/24/2019, answer due 11/25/2019. Document filed by Ulku Rowe. (Greene, Cara) (Entered: 10/04/2019)

ORDER: Initial Conference set for 11/21/2019 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 10/7/2019) (cf) (Entered: 10/07/2019)

ORDER: It is hereby ORDERED that the parties shall file their joint letter and proposed Case Management Plan and Scheduling Order as soon as possible, and in any event no later than November 18, 2019 at 10 a.m. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 11/15/2019) (cf) (Entered: 11/15/2019)

NOTICE OF APPEARANCE by Kenneth William Gage on behalf of Google LLC. (Gage, Kenneth) (Entered: 11/15/2019)

NOTICE OF APPEARANCE by Caitlin Dorothy Brown on behalf of Google LLC. (Brown, Caitlin) (Entered: 11/15/2019)

LETTER MOTION to Adjourn Conference and Proposed Schedule addressed to Judge Lorna G. Schofield from Cara E. Greene dated November 15, 2019. Document filed by Ulku Rowe.(Greene, Cara) (Entered: 11/15/2019)

ORDER denying in part 10 LETTER MOTION to Adjourn Conference and Proposed Schedule. Application DENIED IN PART. The Court does not ordinarily adjourn initial pretrial conferences pending an amended complaint. The initial pretrial conference, scheduled for November 21, 2019, is adjourned to December 5, 2019, at 10:40 a.m. The parties shall file the joint letter and proposed Case Management Plan and Scheduling Order by November 28, 2019. The parties shall otherwise comply with the schedule proposed herein: Plaintiff shall file the First Amended Complaint by November 22, 2019, Defendant shall file its answer by December 6, 2019, the parties shall complete the initial discovery required by the pilot discovery protocols by January 7, 2020 and the parties shall complete mediation by February 14, 2020. Initial Conference set for 12/5/2019 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/19/2019) (jca) (Entered: 11/19/2019)

Set/Reset Deadlines: Amended Pleadings due by 11/22/2019. Discovery due by 1/7/2020. (jca)

Transmission to Mediation Clerk. Transmitted re: 11 Order on Motion to Adjourn Conference to the Mediation Clerk for case processing. (jca)

AMENDED COMPLAINT amending 1 Complaint against Google LLC with JURY DEMAND.Document filed by Ulku Rowe. Related document: 1 Complaint.(Greene, Cara) (Entered: 11/22/2019)

CONSENT LETTER MOTION to Adjourn Conference Currently Scheduled for December 6, 2019 addressed to Judge Lorna G. Schofield from Cara E. Greene dated November 26, 2019. Document filed by Ulku Rowe.(Greene, Cara) (Entered: 11/26/2019)

JOINT LETTER addressed to Judge Lorna G. Schofield from Cara E. Greene dated November 27, 2019 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by Ulku Rowe. (Attachments: # 1 Exhibit A- Proposed Civil Case Management Plan and Scheduling Order)(Greene, Cara) (Entered: 11/27/2019)

1 Exhibit A- Proposed Civil Case Management Plan and Scheduling Order

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ORDER denying 13 CONSENT LETTER MOTION to Adjourn Conference Currently Scheduled for December 6, 2019. Application DENIED. Plaintiff may be represented at the initial pretrial conference by any counsel from Outten & Golden LLP who is sufficiently knowledgeable to speak to any issues raised in the joint letter filed pursuant to the Court Order at Dkt. No. 6. (Signed by Judge Lorna G. Schofield on 11/27/2019) (jca) (Entered: 11/27/2019)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Alphabet Inc., Corporate Parent XXVI Holdings Inc., for Google LLC. Document filed by Google LLC.(Brown, Caitlin) (Entered: 12/02/2019)

ORDER: It is hereby ORDERED that the December 3, 2019, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 12/3/2019) (kv) (Entered: 12/03/2019)

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. § 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 7 days. By February 3, 2020, the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2. By May 18, 2020 the parties shall submit a joint status letter, as outlined in Individual Rule IV.A.2 and, in the event that they have not already been referred for settlement discussions, shall also advise the Court whether or not they request a referral for settlement discussions as provided in Paragraph 4(c) above. Deposition due by 5/20/2020. Fact Discovery due by 5/4/2020. Expert Discovery due by 6/19/2020. Pre-Motion Conference set for 7/9/2020 at 10:40 AM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and13(a)-(c) into the Court's calendar. (And as further set forth in this Order.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/3/2019) (jca) (Entered: 12/03/2019)

***DELETED DOCUMENT. Deleted document number 19 Order. The document was incorrectly filed in this case. (jcs)

ANSWER to 12 Amended Complaint. Document filed by Google LLC.(Gage, Kenneth) (Entered: 12/06/2019)

ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (https://nysd.uscourts.gov/programs/mediation-adr). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 1/2/2020. (Signed by Judge Loretta A. Preska on 10/1/2015) (mf) (Entered: 12/23/2019)

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 2/18/2020.(mf)

Mediation Conference Scheduled

MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 2/10/2020 at 10:00 AM in Mediator's Office.(ah)

STATUS REPORT. /Joint Status Letter Document filed by Ulku Rowe..(Greene, Cara) (Entered: 02/03/2020)

PROPOSED PROTECTIVE ORDER. Document filed by Ulku Rowe. (Greene, Cara) (Entered: 02/03/2020)

STIPULATED PROTECTIVE ORDER FOR THE TREATMENT OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...The parties are advised that the Court retains discretion as to whether to afford confidential treatment to redacted information in Orders and Opinions. (Signed by Judge Lorna G. Schofield on 2/4/2020) (mro) (Entered: 02/04/2020)

MEMO ENDORSEMENT on re: 21 Status Report filed by Ulku Rowe. ENDORSEMENT: Plaintiff shall produce the documents and information identified in Part 2 of the Initial Discovery Protocols for employment cases available at https://nysd.uscourts.gov/hon-lorna-gschofieldby March 3, 2020. (Signed by Judge Lorna G. Schofield on 2/4/2020) (ks) (Entered: 02/04/2020)

LETTER MOTION for Extension of Time to Complete Mediation addressed to Judge Lorna G. Schofield from Cara E. Greene dated February 7, 2020. Document filed by Ulku Rowe..(Greene, Cara) (Entered: 02/07/2020)

ORDER granting 25 Letter Motion for Extension of Time. Application GRANTED. The parties shall complete mediation by March 13, 2020. (Signed by Judge Lorna G. Schofield on 2/10/2020) (cf) (Entered: 02/10/2020)

Mediation Conference Scheduled

MEDIATION CONFERENCE NOT HELD Mediation Conference scheduled for 2/10/2020 at Mediator's Office was not held.(ah)

MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 3/10/2020 at 10:00 AM in Mediator's Office.(ah)

LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Cara E. Greene dated April 21, 2020. Document filed by Ulku Rowe. (Attachments: # 1 Exhibit 1 -Plaintiff's Request for Production of Documents, # 2 Exhibit 2-Plaintiff's Interrogatories, # 3 Exhibit 3-Defendant's Objections and Responses to RFP, # 4 Exhibit 4-Defendant's Objections and Responses to Interrogatories, # 5 Exhibit 5-Plaintiff's Letter re: Defendant's Discovery Responses, # 6 Exhibit 6-Defendant's Response to Deficiency Letter, # 7 Exhibit 7-Amended Schedule).(Greene, Cara) (Entered: 04/21/2020)

1 Exhibit 1 -Plaintiff's Request for Production of Documents

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2 Exhibit 2-Plaintiff's Interrogatories

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3 Exhibit 3-Defendant's Objections and Responses to RFP

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4 Exhibit 4-Defendant's Objections and Responses to Interrogatories

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5 Exhibit 5-Plaintiff's Letter re: Defendant's Discovery Responses

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6 Exhibit 6-Defendant's Response to Deficiency Letter

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7 Exhibit 7-Amended Schedule

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ORDER with respect to 28 Letter Motion for Local Rule 37.2 Conference. Defendant shall file a letter response by April 27, 2020. The parties are reminded to comply with the page limits set forth in this Court's Individual Rules. The parties shall also file a joint letter by April 27, 2020, explaining (1) the discovery that has been completed; (2) the discovery that is remaining; and (3) how the remaining discovery is affected by the COVID-19 pandemic. So Ordered.. (Signed by Judge Lorna G. Schofield on 4/22/2020) (jca) (Entered: 04/22/2020)

Set/Reset Deadlines: Responses due by 4/27/2020 (jca)

LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Kenneth W. Gage dated April 27, 2020 re: 28 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Lorna G. Schofield from Cara E. Greene dated April 21, 2020. . Document filed by Google LLC..(Gage, Kenneth) (Entered: 04/27/2020)

JOINT LETTER addressed to Judge Lorna G. Schofield from Kenneth W. Gage and Cara E. Greene dated April 27, 2020 re: status letter pursuant to the Court's Order dated April 22, 2020 (Dkt. No. 29). Document filed by Google LLC..(Gage, Kenneth) (Entered: 04/27/2020)

NOTICE OF APPEARANCE by Maya Jumper on behalf of Ulku Rowe..(Jumper, Maya) (Entered: 04/28/2020)

NOTICE OF APPEARANCE by Shira Zahava Gelfand on behalf of Ulku Rowe..(Gelfand, Shira) (Entered: 04/29/2020)

ORDER granting 28 Letter Motion for Local Rule 37.2 Conference. It is hereby ORDERED that a discovery conference will be held on May 14, 2020, at 10:40 a.m. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The parties shall be prepared to discuss the discovery disputes and the proposed discovery extension at the conference. If the parties are not able to arrange a conference call, they shall contact the Courtroom Deputy, Mr. James Street, at 212-805-4553, as soon as possible and no later than May 7, 2020, at noon, to make other arrangements. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 28. (As further set forth in this Order.) Telephone Conference set for 5/14/2020 at 10:40 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/30/2020) (cf) (Entered: 04/30/2020)

JOINT LETTER addressed to Judge Lorna G. Schofield from Caitlin D. Brown and Cara E. Greene dated May 7, 2020 re: providing call-in information for discovery conference. Document filed by Google LLC..(Brown, Caitlin) (Entered: 05/07/2020)

LETTER MOTION for Discovery regarding additional discovery dispute addressed to Judge Lorna G. Schofield from Kenneth W. Gage dated May 11, 2020. Document filed by Google LLC..(Gage, Kenneth) (Entered: 05/11/2020)

ORDER terminating 36 Letter Motion for Discovery. Plaintiff is advised that the Court will accept a letter response on this matter prior to the conference on May 14, 2020. Regardless of whether Plaintiff files a letter response, the parties shall be prepared to discuss this dispute at the conference. So Ordered. The Clerk of Court is respectfully requested to close the motion at Dkt. No. 36. (Signed by Judge Lorna G. Schofield on 5/12/2020) (ks) (Entered: 05/12/2020)

LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Cara E. Greene dated 2020-05-13 re: 36 LETTER MOTION for Discovery regarding additional discovery dispute addressed to Judge Lorna G. Schofield from Kenneth W. Gage dated May 11, 2020. . Document filed by Ulku Rowe..(Greene, Cara) (Entered: 05/13/2020)

Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 5/14/2020. (Court Reporter Present) (jcs)

ORDER: It is hereby ORDERED that, by May 28, 2020, the parties shall file a joint letter, not to exceed six single-spaced pages, informing the Court of (1) the progress made by the parties in discovery and to resolve disputes since the last conference; (2) any remaining disputes that require the Court's attention to resolve, and the position of each party as to each dispute; (3) the parties' proposed deadlines for all fact and any expert discovery (and attaching a proposed amended case management plan) and (4) one telephone call-in number for a conference call, and if necessary a passcode, that will be used for the next telephonic conference. It is further ORDERED that a conference will be held on June 4, 2020, at 10:40 a.m. The conference will be telephonic. The time of the conference is approximate, but the parties shall be ready to proceed by that time. The conference will be canceled following receipt of the parties'joint letter on May 28 2020, if there are no remaining disputes that require the Court's attention to resolve. It is further ORDERED that, with respect to the dispute regarding the production of comparator information, Plaintiff's comparators include men in comparable engineering roles at Levels 8 and 9 in Defendant's offices in the United States, subject to negotiation between the parties and the noticed Rule 30(b)(6) deposition regarding the definition of "comparable." As soon as possible and in any event no later than May 28, 2020, Defendant shall provide to Plaintiff the names, job titles and job codes for individuals who held engineering roles at Levels 8 and 9 in Defendants offices in the United States at an agreed-upon point in time. The parties shall also meet and confer regarding the proposed compromise referenced by Plaintiff at the conference as to possible comparators at Level 10, and apprise the Court of any negotiated agreement or remaining disputes in the joint letter on May 28, 2020. It is further ORDERED that, with respect to the dispute regarding the production of complaints of discrimination, Defendant shall produce to Plaintiff complaints of gender discrimination that related to compensation, promotion or retaliation made within the last five years at Defendant's New York office. The parties shall meet and confer regarding the scope of this production and how responsive complaints will be identified for production, and apprise the Court of any negotiated agreement or remaining disputes in the joint letter on May 28, 2020. It is further ORDERED that, with respect to the dispute regarding Defendant's ESI searches, Defendant shall conduct additional, proportionate searches of ESI. The parties shall meet and confer to determine the manner and scope of any additional searches, and apprise the Court of any negotiated agreement or remaining disputes in the joint letter on May 28, 2020. It is further ORDERED that, with respect to the dispute regarding Plaintiff's response to Defendant's interrogatory seeking the time period during which Plaintiff believes she was similarly situated to any comparators, Plaintiff need not provide the information at this time. Defendant may renew this request once Plaintiff has narrowed and specifically identified comparators. ( Telephone Conference set for 6/4/2020 at 10:40 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/14/2020) (va) (Entered: 05/14/2020)

STATUS REPORT. (Joint Status Report) Document filed by Ulku Rowe. (Attachments: # 1 Exhibit 1 (Proposed Amended Civil Case Management Plan and Scheduling Order)).(Greene, Cara) (Entered: 05/29/2020)

1 Exhibit 1 (Proposed Amended Civil Case Management Plan and Scheduling Order)

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TRANSCRIPT of Proceedings re: confernece held on 5/14/2020 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/19/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/27/2020..(McGuirk, Kelly) (Entered: 05/29/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 5/14/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 05/29/2020)

ORDER: It is hereby ORDERED that the June 4, 2020, conference is CANCELED. (As further set forth in this Order.) An amended case management plan and scheduling order will issue separately. (Signed by Judge Lorna G. Schofield on 6/1/2020) (cf) (Entered: 06/01/2020)

SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. § 636(c). This case is to be tried to a jury. Fact Discovery due by 8/4/2020. Expert Discovery due by 9/18/2020. Pre-Motion Conference set for 10/8/2020 at 10:40 AM before Judge Lorna G. Schofield. Counsel for the parties have conferred and their present best estimate of the length of trial is 7 days. (Signed by Judge Lorna G. Schofield on 6/1/2020) (ks) Modified on 6/2/2020 (ks). (Entered: 06/02/2020)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lorna G. Schofield on 6/1/2020) (cf) (Entered: 06/02/2020)

ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. § 636(b)(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: https://nysd.uscourts.gov/hon-gabriel-w-gorenstein. All discovery (as well as requests for admissions) must be initiated in time to be concluded by the deadline for all discovery. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/02/2020) (ama) Modified on 6/3/2020 (cf). (Entered: 06/02/2020)

NOTICE OF APPEARANCE by Sara Brady Tomezsko on behalf of Google LLC..(Tomezsko, Sara) (Entered: 06/22/2020)

PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Google LLC..(Brown, Caitlin) (Entered: 06/22/2020)

MEMO ENDORSEMENT: on NOTICE OF WITHDRAWAL OF CAITLIN D. BROWN AS COUNSEL OF RECORD AND ORDER: re: 48 Proposed Order for Withdrawal of Attorney filed by Google LLC. ENDORSEMENT: SO ORDERED., Attorney Caitlin Dorothy Brown terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/22/2020) (ama) (Entered: 06/22/2020)

JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Kenneth W. Gage dated June 22, 2020. Document filed by Google LLC..(Gage, Kenneth) (Entered: 06/22/2020)

ORDER: granting 50 Letter Motion for Extension of Time to Complete Discovery. The proposed deadlines as set forth above are approved. The conference before Judge Schofield, previously scheduled for October 8, 2020, is adjourned to November 12, 2020, at 10:40 a.m. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/23/2020) (ama) (Entered: 06/23/2020)

Set/Reset Deadlines: ( Deposition due by 9/21/2020., Expert Discovery due by 10/22/2020., Fact Discovery due by 9/4/2020.), Set/Reset Hearings:( Pre-Motion Conference set for 11/12/2020 at 10:40 AM before Judge Lorna G. Schofield.) (ama)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Cara E. Greene dated August 18, 2020 re: Pursuant to Section 2.A and Local Rule 37.2. Document filed by Ulku Rowe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2).(Greene, Cara) (Entered: 08/18/2020)

1 Exhibit 1

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CONSENT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sara B. Tomezsko dated August 18, 2020 re: one-day adjournment of the deadline to respond to Plaintiff's discovery dispute letter dated August 18, 2020 (ECF 52). Document filed by Google LLC..(Tomezsko, Sara) (Entered: 08/18/2020)

STATUS REPORT. Joint Status Report pursuant to the Court's June 23, 2020 Order (ECF No. 51) Document filed by Google LLC..(Gage, Kenneth) (Entered: 08/21/2020)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kenneth W. Gage dated August 21, 2020 re: Response to Plaintiff's Discovery Dispute Letter (ECF 52). Document filed by Google LLC. (Attachments: # 1 Exhibit 1 - Email chain).(Gage, Kenneth) (Entered: 08/21/2020)

1 Exhibit 1 - Email chain

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ORDER: The Court has reviewed the letters docketed as Docket ## 52 and 55. Putting aside the issue of whether there has been compliance with paragraph 2.A of the Court's Individual Practices, the Court is not convinced that sufficient communications have taken place between counsel. Thus, plaintiff's requests for relief are denied without prejudice. The parties are directed to confer in person or by telephone at length about all discovery disputes in a sincere attempt understand the other side's position and to reach a resolution. Atthe in-person or telephonic conference, the parties shall discuss each issue in detail making every possible effort to reach a reasonable agreement as to that issue. As part of this process, the Court expects that discovery disputes may be significantly narrowed even if they cannot be eliminated. The Court notes that relevance is not the only determinant of entitlement to discovery and theissues of burden and proportionality must also be part of the discussion (as well as part of the plaintiff's calculus in deciding whether and how to reach agreement on a particular issue). If any disputes remain, they shall be presented in the form of a jointly-composed letter that describes each dispute in detail and provides the opposing party's position as to that dispute indetail. Before filing such a letter, each side shall give the other an opportunity to adjust its portion of the letter to respond to the other side's written draft describing its side of the dispute. As part of this process, the Court expects that additional narrowing of disputes may be possible. Of course, each side must make itself available to consult telephonically with opposing counsel as part of the composition process. It is critical that each party address in the final letter its responses to the other side's position as to each issue. The Court notes that if such a letter is filed, the Court may decide any disputes based on the letter. Finally, it appears that both sides agree that there should be an adjustment to the discovery schedule. The parties shall file either joint or competing proposed schedules at their earliest convenience. The proposals should be filed separately from any letter raising discovery disputes. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/24/2020) (ama) (Entered: 08/24/2020)

JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sara B. Tomezsko and Cara E. Greene dated August 26, 2020 re: request to remove Exhibit 2 to Plaintiff's August 18, 2020 letter (ECF 52-2) from the docket. Document filed by Google LLC..(Tomezsko, Sara) (Entered: 08/26/2020)

MEMO ENDORSEMENT: on re: 57 Letter filed by Google LLC. ENDORSEMENT: Because this document has not been considered by the Court in rendering a decision, the application is granted. The Clerk shall make Exhibit 52-2 unavailable to the parties or the public. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/26/2020) (ama) (Entered: 08/26/2020)

ORDER: As was noted in the Court's Order of August 24, 2020 (Docket # 56), "both sides agree that there should be an adjustment to the discovery schedule." The Court instructed the parties to file either joint or competing proposed schedules "at their earliest convenience." No such filing has been made, however. Accordingly, the Court now sets a deadline of October 9, 2020, for that filing. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/29/2020) (cf) (Entered: 09/29/2020)

JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Gabriel W. Gorenstein from Kenneth W. Gage and Cara E. Greene dated September 29, 2020. Document filed by Google LLC..(Gage, Kenneth) (Entered: 09/29/2020)

ORDER granting 60 Letter Motion for Extension of Time to Complete Discovery. The above schedule is approved. In addition, any request to Judge Schofield for permission to make a summary judgment or other dispositive motion as required by her Individual Practice Rule III.A.1 shall be filed on or before December 23, 2020. Deposition due by 12/4/2020. Discovery due by 12/18/2020. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/1/2020) (cf) (Entered: 10/01/2020)

Set/Reset Hearings: Pre-Motion Conference set for 1/7/2021 at 10:40 AM before Judge Lorna G. Schofield. (cf)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kenneth W. Gage dated November 23, 2020 re: Request for pre-motion conference. Document filed by Google LLC. (Attachments: # 1 Declaration of Diane Greene, # 2 Declaration of Tariq Shaukat, # 3 Exhibit 1 to Declaration of Tariq Shaukat, # 4 Exhibit 2 to Declaration of Tariq Shaukat, # 5 Declaration of Sara B. Tomezsko, # 6 Exhibit 1 to Declaration of Sara B. Tomezsko, # 7 Exhibit 2 to Declaration of Sara B. Tomezsko, # 8 Exhibit 3 to Declaration of Sara B. Tomezsko, # 9 Exhibit 4 to Declaration of Sara B. Tomezsko, # 10 Exhibit 5 to Declaration of Sara B. Tomezsko, # 11 Exhibit 6 to Declaration of Sara B. Tomezsko, # 12 Exhibit 7 to Declaration of Sara B. Tomezsko).(Gage, Kenneth) (Entered: 11/23/2020)

1 Declaration of Diane Greene

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2 Declaration of Tariq Shaukat

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3 Exhibit 1 to Declaration of Tariq Shaukat

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4 Exhibit 2 to Declaration of Tariq Shaukat

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5 Declaration of Sara B. Tomezsko

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6 Exhibit 1 to Declaration of Sara B. Tomezsko

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7 Exhibit 2 to Declaration of Sara B. Tomezsko

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8 Exhibit 3 to Declaration of Sara B. Tomezsko

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9 Exhibit 4 to Declaration of Sara B. Tomezsko

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10 Exhibit 5 to Declaration of Sara B. Tomezsko

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11 Exhibit 6 to Declaration of Sara B. Tomezsko

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12 Exhibit 7 to Declaration of Sara B. Tomezsko

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MEMO ENDORSEMENT: on re: 62 Letter filed by Google LLC. ENDORSEMENT: The pre-motion conference requirement is waived. Briefing shall be in accordance with paragraph 2.B. (and other applicable paragraphs) of the Court's Individual Practices. Defendant may rely on this letter as their initial brief in lieu of filing a motion compliant with Local Rule 7.1. If it chooses the former route, it should file a letter disclosing the briefing schedule. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/24/2020) (ama) (Entered: 11/24/2020)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kenneth W. Gage dated November 24, 2020 re: Response to Memorandum Endorsement (ECF No. 63) disclosing briefing schedule. Document filed by Google LLC..(Gage, Kenneth) (Entered: 11/24/2020)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Cara E. Greene dated December 1, 2020 re: Response to Defendant's Motion for a Protective Order (ECF No. 62). Document filed by Ulku Rowe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 5, # 5 Exhibit 11).(Greene, Cara) (Entered: 12/01/2020)

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LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Kenneth W. Gage dated December 4, 2020 re: Reply in further support of Defendant Google LLC's motion for a protective order. Document filed by Google LLC. (Attachments: # 1 Declaration of Sara B. Tomezsko, # 2 Exhibit 1 to Declaration of Sara B. Tomezsko, # 3 Exhibit 2 to Declaration of Sara B. Tomezsko, # 4 Exhibit 3 to Declaration of Sara B. Tomezsko, # 5 Exhibit 4 to Declaration of Sara B. Tomezsko).(Gage, Kenneth) (Entered: 12/04/2020)

1 Declaration of Sara B. Tomezsko

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2 Exhibit 1 to Declaration of Sara B. Tomezsko

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3 Exhibit 2 to Declaration of Sara B. Tomezsko

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4 Exhibit 3 to Declaration of Sara B. Tomezsko

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5 Exhibit 4 to Declaration of Sara B. Tomezsko

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MOTION to Seal (to retain documents under seal). Document filed by Google LLC..(Gage, Kenneth) (Entered: 12/04/2020)

DECLARATION of Bernita Jamison in Support re: 67 MOTION to Seal (to retain documents under seal).. Document filed by Google LLC..(Gage, Kenneth) (Entered: 12/04/2020)

DECLARATION of Kevin Lucas in Support re: 67 MOTION to Seal (to retain documents under seal).. Document filed by Google LLC..(Gage, Kenneth) (Entered: 12/04/2020)

DECLARATION of Brian Ong in Support re: 67 MOTION to Seal (to retain documents under seal).. Document filed by Google LLC..(Gage, Kenneth) (Entered: 12/04/2020)

DECLARATION of Sara B. Tomezsko in Support re: 67 MOTION to Seal (to retain documents under seal).. Document filed by Google LLC. (Attachments: # 1 Exhibit A to Declaration of Sara B. Tomezsko, # 2 Exhibit B to Declaration of Sara B. Tomezsko, # 3 Exhibit C to Declaration of Sara B. Tomezsko, # 4 Exhibit D to Declaration of Sara B. Tomezsko, # 5 Exhibit E to Declaration of Sara B. Tomezsko, # 6 Exhibit F to Declaration of Sara B. Tomezsko, # 7 Exhibit G to Declaration of Sara B. Tomezsko, # 8 Exhibit H to Declaration of Sara B. Tomezsko, # 9 Exhibit I to Declaration of Sara B. Tomezsko, # 10 Exhibit J to Declaration of Sara B. Tomezsko).(Gage, Kenneth) (Entered: 12/04/2020)

1 Exhibit A to Declaration of Sara B. Tomezsko

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3 Exhibit C to Declaration of Sara B. Tomezsko

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4 Exhibit D to Declaration of Sara B. Tomezsko

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5 Exhibit E to Declaration of Sara B. Tomezsko

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6 Exhibit F to Declaration of Sara B. Tomezsko

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7 Exhibit G to Declaration of Sara B. Tomezsko

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8 Exhibit H to Declaration of Sara B. Tomezsko

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9 Exhibit I to Declaration of Sara B. Tomezsko

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10 Exhibit J to Declaration of Sara B. Tomezsko

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ORDER: Oral argument on the pending motion for a protective order (Docket # 62) will take place on Tuesday, January 5, 2021, at 10:30 a.m. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. Each attorney or unrepresented party is directed to ensure that all other attorneys or unrepresented parties on the case are aware of the oral argument date and time. In addition, any requests for an adjournment must be made in compliance with Judge Gorenstein's rules (available at https://www.nysd.uscourts.gov/hon-gabriel-w-gorenstein). SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/9/2020) ( Oral Argument set for 1/5/2021 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (ks) (Entered: 12/09/2020)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Cara E. Greene dated 12/10/2020 re: Request for Pre-Motion Conference in anticipation of Plaintiff's Motion for Leave to Supplement Pleadings. Document filed by Ulku Rowe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 6 - [Proposed] Supplemental Complaint).(Greene, Cara) (Entered: 12/10/2020)

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MEMO ENDORSEMENT: on re: 73 Letter filed by Ulku Rowe. ENDORSEMENT: The pre-motion conference requirement is waived. Briefing shall be in accordance with this Court's Individual Practices. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/10/2020) (ama) (Entered: 12/10/2020)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Cara E. Greene dated 12/15/2020 re: Parties' Briefing Schedule with respect to Plaintiffs Motion for Leave to File Supplemental Pleadings. Document filed by Ulku Rowe..(Greene, Cara) (Entered: 12/16/2020)

MOTION for Leave to File Supplemental Pleadings . Document filed by Ulku Rowe. (Attachments: # 1 Motion for Leave to File Supplemental Pleadings).(Greene, Cara) (Entered: 12/16/2020)

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MEMORANDUM OF LAW in Support re: 76 MOTION for Leave to File Supplemental Pleadings . . Document filed by Ulku Rowe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 4, # 3 Exhibit 6, # 4 Exhibit 7, # 5 Exhibit 8).(Greene, Cara) (Entered: 12/16/2020)

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PROPOSED ORDER. Document filed by Ulku Rowe. Related Document Number: 76 ..(Greene, Cara) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 12/16/2020)

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 78 Proposed Order was reviewed and approved as to form. (km)

LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Cara E. Greene dated December 17, 2020 re: Request for Pre-Motion Conference. Document filed by Ulku Rowe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 5, # 3 Exhibit 6, # 4 Exhibit 8, # 5 Exhibit 10).(Greene, Cara) (Entered: 12/17/2020)

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JOINT LETTER MOTION for Extension of Time to (i) complete depositions; (ii) complete expert discovery; and (iii) file their pre-motion conference letters for permission to make a summary judgment motion addressed to Magistrate Judge Gabriel W. Gorenstein from Cara E. Greene and Kenneth W. Gage dated December 17, 2020. Document filed by Ulku Rowe. (Attachments: # 1 Exhibit 1 - Stipulation and Proposed Order).(Greene, Cara) (Entered: 12/17/2020)

1 Exhibit 1 - Stipulation and Proposed Order

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LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Sara B. Tomezsko dated December 21, 2020 re: Modifying Deadline to Respond to Plaintiff's Pre-Motion Letter (ECF 79). Document filed by Google LLC..(Tomezsko, Sara) (Entered: 12/21/2020)

JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED TO BY THE PARTIES that: Neither Plaintiff nor Defendant will seek to introduce expert discovery unrelated to economic damages. Plaintiff and Defendant will seek the Court's approval to defer expert discovery until after dispositive motions have been fully submitted and a judgment has been entered by the Court. Following the Court's order on dispositive motions, the Parties will cooperate in setting an expert discovery schedule and seeking approval from the Court for that schedule. This stipulation is without prejudice to the rights, claims, arguments and defenses of all parties. SO ORDERED., (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/21/2020) (ama) (Entered: 12/21/2020)

ORDER: granting 80 Letter Motion for Extension of Time. The proposed schedule is approved. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/21/2020) (ama) (Entered: 12/21/2020)