MDL Panel Transfers Google Street View Litigation to Northern District of California
The U.S. Judicial Panel on Multidistrict Litigation transferred In re Google, Inc. Street View Electronic Communications Litigation, — F. Supp. 2d —-, 2010 WL 3303204 (U.S. Jud. Pan. Mult. Lit. Aug. 17, 2010) to the Northern District of California, assigned to Hon. James Ware. The cases involve common factual questions arising out of allegations that Google intentionally intercepted electronic communications sent or received over class members’ open, non-secured wireless networks.
Plaintiffs in one District of District of Columbia action moved for coordinated or consolidated pretrial proceedings of this litigation in the District of District of Columbia. Plaintiffs in the other District of District of Columbia action and a potentially-related action supported the motion. Plaintiffs in the Northern District of California and Southern District of Illinois actions and another potentially-related action, as well as defendant, Google, Inc. (Google), suggest centralization in the Northern District of California. Plaintiffs in the Eastern District of Pennsylvania and the District of Oregon actions suggest centralization in the Northern District of California or, alternatively, the District of Oregon. Plaintiff in the District of Massachusetts action suggests centralization in the District of Massachusetts.
We are persuaded that the Northern District of California is an appropriate transferee forum for this litigation. The sole defendant, Google, is headquartered there, and most relevant documents and witnesses are likely located there. Moreover, most responding parties support centralization in this district.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on Schedule A and pending outside the Northern District of California are transferred to the Northern District of California and, with the consent of that court, assigned to the Honorable James Ware for coordinated or consolidated pretrial proceedings with the actions pending there and listed on Schedule A.