In re Google Play Consumer Antitrust Litigation ( 2023 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 IN RE GOOGLE PLAY STORE MDL Case No. 21-md-02981-JD ANTITRUST LITIGATION Member Case No. 20-cv-05761-JD 9 ORDER RE DECERTIFICATION OF 10 CONSUMER CLASS 11 12 In the consumer plaintiffs’ case, In re Google Play Consumer Antitrust Litigation, Case 5 13 No. 20-cv-05761-JD, the Court certified a class under Federal Rule of Civil Procedure 23(b)(3), 14 || and denied Google’s motion to exclude Dr. Singer’s testimony under Federal Rule of Evidence 3 15 || 702. Dkt. No. 383. This was because the record at the certification stage supported those a 16 || decisions. See id. 3 17 That is no longer the case. Based on new developments in the record, the Court has now 18 || excluded Dr. Singer’s pass-through formula and his opinions based on the application of that 19 || formula in this litigation. See Dkt. No. 588. 20 The same pass-through formula was an essential element of the consumer plaintiffs’ 21 argument in support of certification. See Dkt. No. 383. The order granting certification is 22 || consequently vacated, and the consumer class is decertified. See City of Los Angeles, Harbor 23 Division v. Santa Monica Baykeeper, 254 F.3d 882, 885 (9th Cir. 2001). The parties’ associated 24 sealing motion, Dkt. No. 324, is terminated as moot. 25 IT IS SO ORDERED. 26 Dated: September 13, 2023 27 28 JAMES#PONATO United ftates District Judge