Case 23-910, Document 72, 08/16/2023, 3556966, Page1 of 2
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`Hogan Lovells US LLP
`Columbia Square
`555 Thirteenth Street, NW
`Washington, DC 20004
`
`Neal Kumar Katyal
`Partner
`T +1 202 637 5600
`F +1 202 637 5910
`neal.katyal@hoganlovells.com
`
`August 16, 2023
`
`By CM/ECF
`Catherine O’Hagan Wolfe
`Clerk of Court
`U.S. Court of Appeals for the Second Circuit
`Thurgood Marshall United States Courthouse
`40 Foley Square
`New York, New York 10007
`
`Re:
`
`In re Google, No. 23-910
`
`Dear Ms. O’Hagan Wolfe:
`
`Petitioner Google LLC respectfully submits this letter in response to the letter submitted
`by State Plaintiffs on August 15 urging this Court to dissolve the administrative stay previously
`issued in this case. This Court should not dissolve the administrative stay.
`
`On August 8, Google filed a motion in this Court seeking a stay of an order issued by the
`Judicial Panel on Multidistrict Litigation transferring the underlying antitrust case from the
`Southern District of New York to the Eastern District of Texas. Google’s motion also sought an
`administrative stay to give this Court time to evaluate the stay request. On August 9, this Court
`granted Google’s request for an administrative stay. This Court’s order provided “that
`Petitioner’s request for an administrative stay of the JPML order is granted until the motion for a
`stay pending resolution of the mandamus petition is determined.” ECF No. 59.
`
`Due to a clerical error, the Southern District of New York issued a docket entry on
`August 14 purporting to transfer the case to the Eastern District of Texas notwithstanding the
`administrative stay. See Minute Notice, State of Texas v. Google, LLC, ECF No. 256 of 1:21-cv-
`06841 (Aug. 14, 2023). This Court’s administrative stay plainly barred that transfer, and Google
`is therefore in communication with the Southern District of New York to correct the error.
`
`In their letter filed with this Court on August 15, State Plaintiffs contend “Google never
`informed Judge Castel of this Court’s administrative stay.” See ECF No. 71. But such notice
`was unnecessary. This Court’s certified order granting the administrative stay was directed “to
`Southern District of New York,” ECF No. 59, and a certified copy of that order also appeared on
`the docket of the multidistrict litigation assigned to Judge Castel. See State of Texas v. Google,
`
`Hogan Lovells US LLP is a limited liability partnership registered in the District of Columbia. “Hogan Lovells” is an international legal practice that includes Hogan Lovells US LLP
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`more information see www.hoganlovells.com
`
`

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`Case 23-910, Document 72, 08/16/2023, 3556966, Page2 of 2
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`Clerk of Court
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`- 2 -
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`August 16, 2023
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`LLC, ECF No. 597, 1:21-md-3010 (Aug. 10, 2023). The Southern District Court had notice of
`this Court’s administrative stay, and the docket entry purporting to transfer the case was clearly
`an error.
`
`Google is working with the Southern District of New York to correct the error, which
`should have no bearing on this Court’s resolution of Google’s mandamus petition or Google’s
`request for a stay. In the meantime, this Court should retain its administrative stay. Google will
`update this Court when the situation has been resolved.
`
`Sincerely,
`
`/s/ Neal Kumar Katyal
`Neal Kumar Katyal
`
`Counsel for Petitioner
`
`cc: All counsel of record (via CM/ECF)
`
`