Reale

Reale v. Google LLC

Good Law
United States District Court, Northern District of CaliforniaApril 26, 20223:22-cv-00562California241 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DANIEL REALE, Case No. 22-cv-00562-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

GOOGLE LLC, et al., Re: Dkt. No. 40 Defendants.

The motion to dismiss is granted. Because Reale does not contest the defendants’ position on the viability of his Sherman Act claims, they are dismissed. The Robinson-Patman Act claim is dismissed because Reale has failed to allege that the alleged transaction involved a commodity or good. 15 U.S.C. § 13(a), (d), (e) (commodity); id. § 13a (good). “Congress intended the Act to apply to tangible goods and not services.” May Department Store v. Graphic Process Co., 637 F.2d 1211, 1214 (9th Cir. 1980). While the line between the two is blurry, this case is far from that line. YouTube does not provide a tangible product for sale. And advertising revenue and channel promotion are not tangible assets as the defendant claims. With the dismissal of the federal claims, the Court declines to exercise supplemental jurisdiction over the remaining state-law claim. 28 U.S.C. § 1367(c)(3). The case is at an early stage, and comity, fairness,…

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