In re Google, Inc. Privacy Policy Litigation

(Re: Docket Nos. 71, 77)

ORDER GRANTING-IN-PART MOTION TO DISMISS AND GRANTING MOTION TO STRIKE

*973 Over two years ago, Plaintiffs 1 filed this lawsuit against Defendant Google, Inc. for commingling user data across different Google products and disclosing such data to third parties. 2 Since then, the court has twice dismissed Plaintiffs’ claims. Google now moves for a third dismissal.

Like Rocky rising from Apollo’s uppercut in the 14th round, Plaintiffs’ complaint has sustained much damage but just manages to stand. The court GRANTS the motion, but only IN-PART.

I. BACKGROUND

This is a nationwide, putative class action against Google on behalf of all persons and entities in the United States that acquired a Google account between August 19, 2004 and February 29, 2012, and continued to maintain that Google account on or after March 1, 2012, when a new Google privacy policy went into effect. Plaintiffs also bring nationwide class claims against Google on behalf of (a) all persons and entities in the United States that acquired an Android-powered device between May 1, 2010 and February 29, 2012 and switched to a non-Android device on or after March 1, 2012 (the “Android…