mercola.com, LLC v. Google LLC

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MERCOLA.COM, LLC; Dr. JOSEPH No. 23-2608

MERCOLA,

D.C. No. Plaintiffs - Appellants, 3:22-cv-05567-LB

v.

MEMORANDUM*

GOOGLE LLC; YOUTUBE,

LLC; ALPHABET INC.,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of California Laurel Beeler, Magistrate Judge, Presiding

Argued and Submitted May 14, 2024 San Francisco, California

Before: CALLAHAN, and SANCHEZ, Circuit Judges., and KRONSTADT**

Dr. Joseph Mercola and his corporation Mercola.com, LLC (collectively,

“Mercola”) brought this action alleging that YouTube had violated their contract

(the “Agreement”) by terminating Mercola’s account without prior notice and

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** Honorable John A. Kronstadt, Senior District Judge for the Central District of California, sitting by designation. refusing to allow Mercola access to its videos. The district…