`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`JOHN DOE, et al.,
`
`Plaintiffs,
`
`v.
`
`GOOGLE LLC, et al.,
`
`Case No. 20-cv-07502-BLF
`
`
`ORDER DENYING APPLICATION
`FOR TEMPORARY RESTRAINING
`ORDER
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiffs John Doe, Michael Doe, James Doe, Henry Doe, Robert Doe, Christopher Doe,
`
`Matthew Doe, Polly St. George, Scott Degroat, David J. Hayes, Daniel Lee, Mishel Mccumber,
`
`Jeff Pedersen, Jordan Sather, and Sarah Westall (collectively, “Plaintiffs”) filed the complaint in
`
`this action on October 26, 2020, asserting claims against Defendants Google LLC (“Google”) and
`
`YouTube LLC (“YouTube”) for breach of contract, breach of covenant of good faith and fair
`
`dealing, and violation of First Amendment right to freedom of speech. See Compl., ECF 1. The
`
`next day, Plaintiffs filed a motion seeking a temporary restraining order (“TRO”) and an order to
`
`show cause why a preliminary injunction should not issue. See Mot., ECF 8. In light of the time
`
`between the conduct alleged in the complaint and the application for the TRO, The Court directed
`
`Defendants to respond by October 30, 2020. ECF 16. The Court held a video hearing on the
`
`motion on November 2, 2020, at which Plaintiffs and Defendants’ counsels appeared. As set forth
`
`below, Plaintiffs’ motion is DENIED.
`
`I.
`
`BACKGROUND
`
`Plaintiffs are “journalists, videographers, advocates, commentators and other individuals who
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 2 of 10
`
`
`
`regularly exercise their right to free speech under the First Amendment of the Constitution of the
`
`United States.” Compl. ¶ 1. Defendants are YouTube, an online video-sharing platform, and
`
`Google, YouTube’s parent company.
`
`Plaintiffs created eighteen channels on the YouTube platform. Id. Plaintiffs describe their
`
`channels as “extremely controversial” “conservative news” channels that feature content about
`
`“Hunter Biden and the Ukraine scandal,” “the ongoing corruption probe,” “social media
`
`censorship,” “race relations or protests in America,” and “anonymous posts on political issues by
`
`someone identifying themselves as ‘Q.’” Mot. at 8, 15; Compl. ¶ 8. Plaintiffs allege that as of
`
`October 15, 2020, their channels attracted over 4.5 million subscribers and over 800 million
`
`views. Id. In posting content to the YouTube platform, Plaintiffs entered into a contract with
`
`YouTube, as detailed in YouTube’s Terms of Service (“TOS”). Compl. ¶ 1; see ECF 21-1, Exhs. 1
`
`(TOS), 2 (Community Guidelines), 3 (harassment and cyberbullying policy), 4 (hate speech
`
`policy), and 5 (channel or account terminations).
`
`Although the complaint and TRO application provide only vague descriptions about the
`
`content on Plaintiffs’ channels, Defendants offer further details. Defendants submitted the
`
`declaration of a YouTube employee who works on the company’s Trust and Safety team.
`
`YouTube Decl., ECF 21-1. The employee stated that Plaintiffs’ channels “were rife with content
`
`espousing harmful conspiracy theories” and contained videos with “horrifying and unsubstantiated
`
`accusations of violent and criminal conduct supposedly committed by specific individuals.”
`
`Oppo., ECF 21, at 5 (citing YouTube Decl., ¶¶ 23-25). For example, the employee reported that
`
`videos posted on the channel “JustInformed Talk” suggested that Hillary Clinton “was involved
`
`with satanic rituals with children,” (including “human ritual sacrifice”) while videos posted on the
`
`“TRUReporting” channel made claims about famous Americans, including that one “eats babies,”
`
`another “killed his wife,” others are “pedophiles or ‘pedowoods,’” and others still “breed children
`
` 2
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 3 of 10
`
`
`
`in order to sell them.” YouTube Decl. ¶¶ 23-24.
`
`On October 2, 2020, the United States House of Representatives passed Resolution 1154 that
`
`“condemn[ed] QAnon and reject[ed] the conspiracy theories it promotes” based on the fact that
`
`QAnon conspiracy motivated anti-Semitism and domestic extremists to engage in criminal or
`
`violent activity. Condemning QAnon and rejecting the conspiracy theories it promotes, H.R. Res.
`
`1154, 116th Cong. (2020). The Resolution further highlighted that “Facebook, Twitter, and
`
`Google [had already] removed or blocked QAnon groups and content from their platforms for
`
`violating their policies against misinformation, bullying, hate speech, and harassment.” Id.
`
`On October 15, 2020, YouTube announced that it would “tak[e] another step in [its] efforts to
`
`curb hate and harassment by removing more conspiracy theory content used to justify real-world
`
`violence.” See “Managing harmful conspiracy theories on YouTube,” YouTube, Oct. 15, 2020,
`
`https://blog.youtube/news-and-events/harmful-conspiracy-theoriesyoutube. The post explicitly
`
`mentioned QAnon. Id. To this end, YouTube amended its Community Guidelines harassment and
`
`cyberbullying policy to include a new example of prohibited behavior: “Targeting an individual
`
`and making claims they are involved in human trafficking in the context of a harmful conspiracy
`
`theory where the conspiracy is linked to direct threats or violent acts.” Compare ECF 14, Exh. C
`
`(Internet Archive, October 15, 2020) with ECF 14, Exh. D (Internet Archive, October 17, 2020).
`
`That same day, YouTube “abruptly instigated a mass purge of conservative accounts,
`
`including those operated by plaintiffs, based on its ‘hate and harassment’ policies” (“the
`
`Takedown”). Compl. ¶ 6. This purge included Plaintiffs’ YouTube channels. Defendants
`
`confirmed that YouTube “terminated (i.e., removed) Plaintiffs’ channels from the YouTube
`
`service for multiple violations of the Community Guidelines.” YouTube Decl. ¶ 22. Plaintiffs
`
`contend that the Takedown occurred before YouTube amended its Community Guidelines. Mot. at
`
`6. Defendants, however, maintain that the Takedown occurred only after the Community
`
` 3
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 4 of 10
`
`
`
`Guidelines were amended. YouTube Decl. ¶ 22.
`
`Plaintiffs submitted evidence that they received an email notice from YouTube that their
`
`YouTube channel had been suspended or deleted. See ECF 14 at 8 ¶ 8, 11 ¶ 8, 14 ¶ 8, 17 ¶ 8, 20 ¶
`
`8, 22 ¶ 8, 25 ¶ 8, 27 ¶ 8, 29 ¶ 8, 31 ¶ 8, 34 ¶ 8, 36 ¶ 8, 38 ¶ 8, 40 ¶ 8, 43 ¶ 8 (declarations). The
`
`notice referenced YouTube’s cyberbullying and harassment policy, although Plaintiffs believe that
`
`“[their] content was not cyberbullying or harassing in the ways described in the policy that existed
`
`on or before October 15, 2020.” Id. YouTube’s Trust and Safety team member explained that
`
`YouTube terminated Plaintiffs’ channels because videos in those channels “may incite others to
`
`‘take action’ and may cause harm to our users or other people.” YouTube Decl. ¶ 26. The
`
`employee pointed to a May 2019 Federal Bureau of Investigation bulletin that cited QAnon as
`
`among the conspiracy theories that “very likely will emerge, spread, and evolve in the modern
`
`information marketplace, occasionally driving both groups and individual extremists to carry out
`
`criminal or violent acts.” Id.
`
`Plaintiffs filed suit in this Court alleging that Defendants violated their contractual and First
`
`Amendment rights when they “excised them and their political viewpoints from the YouTube
`
`platform without notice, just days 19 before the 2020 presidential election.” Compl. ¶¶ 1, 69-215
`
`(claims for relief). Plaintiffs request the Court issue a TRO that the “Defendants, along with their
`
`agents, employees, and successors, shall be restrained and enjoined from breaching their contract
`
`with Plaintiffs, as set forth in YouTube’s Terms of Service, by taking down their videos and/or
`
`YouTube channels that discuss, analyze, or mention “QAnon.”” Mot. at 18. Plaintiffs seek an
`
`injunction compelling YouTube to restore their content.
`
`II.
`
`LEGAL STANDARD
`
`Preliminary injunctive relief, whether in the form of a temporary restraining order or a
`
`preliminary injunction, is an “extraordinary and drastic remedy,” that is never awarded as of right.
`
` 4
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 5 of 10
`
`
`
`Munaf v. Geren, 553 U.S. 674, 689-690 (2008) (internal citations omitted). “It is so well settled as
`
`not to require citation of authority that the usual function of a preliminary injunction is to preserve
`
`the status quo ante litem pending a determination of the action on the merits.” Tanner Motor
`
`Livery, Ltd. v. Avis, Inc., 316 F.2d 804, 808 (9th Cir. 1963). A temporary restraining order is “not
`
`a preliminary adjudication on the merits but rather a device for preserving the status quo and
`
`preventing the irreparable loss of rights before judgment.” Sierra On-Line, Inc. v. Phoenix
`
`Software, Inc., 739 F.2d 1415, 1422 (9th Cir. 1984) (citation omitted).
`
`The standard for issuing a temporary restraining order is identical to the standard for issuing a
`
`preliminary injunction. Stuhlbarg Int'l Sales Co., Inc. v. John D. Brush & Co., 240 F.3d 832, 839
`
`n.7 (9th Cir. 2001); Lockheed Missile & Space Co. v. Hughes Aircraft, 887 F. Supp. 1320, 1323
`
`(N.D. Cal. 1995). An injunction is a matter of equitable discretion and is “an extraordinary remedy
`
`that may only be awarded upon a clear showing that the plaintiff is entitled to such relief.” Winter
`
`v. Natural Resources Defense Council, Inc., 555 U.S. 7, 22 (2008). A plaintiff seeking preliminary
`
`injunctive relief must establish “[1] that he is likely to succeed on the merits, [2] that he is likely to
`
`suffer irreparable harm in the absence of preliminary relief, [3] that the balance of equities tips in
`
`his favor, and [4] that an injunction is in the public interest.” Id. at 20. “[I]f a plaintiff can only
`
`show that there are serious questions going to the merits – a lesser showing than likelihood of
`
`success on the merits – then a preliminary injunction may still issue if the balance of hardships tips
`
`sharply in the plaintiff's favor, and the other two Winter factors are satisfied.” Friends of the Wild
`
`Swan v. Weber, 767 F.3d 936, 942 (9th Cir. 2014) (internal quotation marks and citations omitted).
`
`Because the Plaintiffs here seek a mandatory injunction—one that “orders a responsible party
`
`to ‘take action’’—“[they] must establish that the law and facts clearly favor [their] position, not
`
`simply that [they are] likely to succeed.” Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH &
`
`Co., 571 F.3d 873, 879 (9th Cir. 2009) (quoting Meghrig v. KFC W., Inc., 516 U.S. 479, 484
`
` 5
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 6 of 10
`
`
`
`(1996); Garcia v. Google, Inc., 786 F.3d 733, 740 (9th Cir. 2015).
`
`III. DISCUSSION
`
`After carefully considering the parties arguments in the briefing and at the motion hearing, the
`
`Court concludes Plaintiffs have not satisfied the requirements for issuance of a TRO.
`
`A. Anonymous Declaration
`
`As an initial matter, the Court considers Defendants’ submission of a declaration by an
`
`anonymous YouTube employee who works on YouTube’s Trust and Safety team. See YouTube
`
`Decl.; see also ECF 25. Plaintiffs objected, arguing that Defendants were required to explain the
`
`circumstances justifying anonymity. See ECF 23 at 1. The Court requested Defendants
`
`demonstrate good cause for the anonymous declaration along with a signed version of the affidavit
`
`be delivered to the Court in hard copy for in camera review. See ECF 25. The Court concludes that
`
`there is good cause to redact the name of the declarant. And, having conducted an in camera
`
`review of the declaration, the Court is satisfied that a real individual employed at YouTube as
`
`described in the declaration has signed it.
`
`B. Likelihood of Success on the Merits
`
` “The first factor under Winter is the most important—likely success on the merits.” Garcia,
`
`786 F.3d at 740. As noted above, because Plaintiffs seek a mandatory injunction, they “must
`
`establish that the law and facts clearly favor [their] position, not simply that [they are] likely to
`
`succeed.” Id. at 740. Plaintiffs fall short of this bar.
`
`Although Plaintiffs’ lawsuit is based on contract and First Amendment theories, their TRO
`
`application focuses on their contract-based claims. See, e.g., Mot. at 12-15 (arguing that Plaintiffs
`
`did not materially breach the TOS contract). Plaintiffs argue that under the TOS there are only
`
`three circumstances under which Defendants may terminate or suspend their channels:
`
`“YouTube may suspend or terminate your access, your Google
`account, or your Google account’s access to all or part of the Service
`
` 6
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 7 of 10
`
`
`
`if (a) you materially or repeatedly breach this Agreement; (b) we are
`required to do so to comply with a legal requirement or a court order;
`or (c) we believe there has been conduct that creates (or could create)
`liability or harm to any user, other third party, YouTube or our
`Affiliates.”
`
`Mot. at 12; see ECF 21-1, Exh. 1, “Account Suspension & Termination.” Defendants respond that
`
`this provision is inapt here because it only governs YouTube’s right to “suspend or terminate your
`
`access, your Google account, or your Google account’s access to all or part of the Service.” Oppo.
`
`at 8-9; see ECF 21-1, Exh. 1, “Account Suspension & Termination.” They argue that YouTube did
`
`not suspend or terminate Plaintiffs’ access to YouTube or their Google accounts, but rather
`
`suspended Plaintiffs’ channels and removed the videos and other features associated with those
`
`channels. Oppo. at 9. The Takedown, Defendants contend, is thus governed by the TOS provisions
`
`titled “Content on the Service” and “Removal of Content by YouTube.” Id.; see ECF 21-1, Exh. 1.
`
`These provisions state that
`
`Content is the responsibility of the person or entity that provides it
`to the Service. YouTube is under no obligation to host or serve
`Content. If you see any Content you believe does not comply with
`this Agreement,
`including by violating
`the Community
`Guidelines or the law, you can report it to us.
`
`
`ECF 21-1, Exh. 1, “Content on the Service,” and
`
`If we reasonably believe that any Content is in breach of this
`Agreement or may cause harm to YouTube, our users, or third
`parties, we may remove or take down that Content in our discretion.
`We will notify you with the reason for our action unless we
`reasonably believe that to do so: (a) would breach the law or the
`direction of a legal enforcement authority or would otherwise risk
`legal liability for YouTube or our Affiliates; (b) would compromise
`an investigation or the integrity or operation of the Service; or (c)
`would cause harm to any user, other third party, YouTube or our
`Affiliates. You can learn more about reporting and enforcement,
`including how to appeal on the Troubleshooting page of our Help
`Center.
`
`ECF 21-1, Exh. 1, “Removal of Content by YouTube.” The Defendants claim that YouTube
`
`permissibly suspended Plaintiffs’ channels after concluding that the channels “amounted to
`
` 7
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 8 of 10
`
`
`
`material that could cause real-world harm to users and third parties.” Oppo. at 9 (citing YouTube
`
`Decl. ¶¶ 22-26).
`
`Upon reviewing YouTube’s TOS agreement in totality, the Court agrees with Defendants.
`
`Defendants plausibly argue that the actions they took were made under YouTube’s TOS Provision
`
`“Removal of Content by YouTube.” See Lewis v. Google LLC, 461 F. Supp. 3d 938, 962 (N.D.
`
`Cal. 2020) (“YouTube’s terms and guidelines explicitly authorize YouTube to remove or
`
`demonetize content that violate its policies, including ‘Hateful content.’ Therefore, Defendants’
`
`removal or demonetization of Plaintiff’s videos with ‘Hateful content’ or hate speech was
`
`authorized by the parties’ agreements and cannot support a claim for breach of the implied
`
`covenant of good faith and fair dealing.”); Mishiyev v. Alphabet, Inc., 444 F. Supp. 3d 1154, 1159
`
`(N.D. Cal. Mar. 13, 2020), appeal docketed, No. 10-15657 (9th Cir. Apr. 14, 2020) (YouTube did
`
`not breach TOS by removing plaintiffs’ videos where the TOS “authorized YouTube to do exactly
`
`that”). Both Plaintiffs’ declarations and the email notice forwarded by the Defendants indicate that
`
`the action Defendants took was against Plaintiffs’ YouTube accounts, not their Google accounts.
`
`See ECF 14 at 8 ¶ 8, 11 ¶ 8, 14 ¶ 8, 17 ¶ 8, 20 ¶ 8, 22 ¶ 8, 25 ¶ 8, 27 ¶ 8, 29 ¶ 8, 31 ¶ 8, 34 ¶ 8, 36
`
`¶ 8, 38 ¶ 8, 40 ¶ 8, 43 ¶ 8 (“suspension or deletion of my channel”); ECF 21-1, Exh. 9. (“YouTube
`
`account”); see also YouTube Decl. ¶ 28.
`
`The parties also dispute whether the Community Guidelines were amended before or after the
`
`Takedown occurred. The Court notes that there is contested evidence before it on this point, which
`
`in and of itself prevents the Plaintiffs from meeting their high burden. And, even if the Court were
`
`to accept Plaintiffs’ Takedown timeline, that YouTube added a new example of violative conduct
`
`to its harassment and cyberbullying policy does not change the calculus here. Indeed, it is
`
`undisputed that at the time of the Takedown, the harassment and cyberbullying policy otherwise
`
`remained the same and still prohibited “[c]ontent that threatens individuals is not allowed on
`
` 8
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 9 of 10
`
`
`
`YouTube.” ECF 14, Exhs. C, D; ECF 21-1, Exh. 3.
`
`With respect to Plaintiffs’ argument that YouTube contractually owed them an explanation for
`
`why their channels were suspended or deleted, Plaintiffs’ own declarations belie this theory as
`
`they state that YouTube referenced its harassment and cyberbullying policy in its email notices to
`
`the Plaintiffs. See ECF 14 at 8 ¶ 8, 11 ¶ 8, 14 ¶ 8, 17 ¶ 8, 20 ¶ 8, 22 ¶ 8, 25 ¶ 8, 27 ¶ 8, 29 ¶ 8, 31 ¶
`
`8, 34 ¶ 8, 36 ¶ 8, 38 ¶ 8, 40 ¶ 8, 43 ¶ 8; see also ECF 21-1, Exh. 9. The contract did not require
`
`that Plaintiffs agree with the reasoning YouTube provided. And, in addition to providing Plaintiffs
`
`with cause for the termination, it provided them with an appeal process. ECF 21-1, Exh. 1 at 4,
`
`“Removal of Content by YouTube” (“You can learn more about reporting and enforcement,
`
`including how to appeal on the Troubleshooting page of our Help Center.”), Exh. 9. The Plaintiffs
`
`do not appear to have attempted to avail themselves of this process.
`
`Finally, Plaintiffs conceded at the motion hearing that they did not establish a First
`
`Amendment theory in their TRO application. Accordingly, the Court does not consider the merits
`
`of such a theory at this time.
`
`C. Remaining Factors
`
`Because the Court has concluded that Plaintiffs have failed to show, at “an irreducible
`
`minimum that there is a fair chance of success on the merits,” the Court cannot enter injunctive
`
`relief based on the remaining three factors. Martin v. Int'l Olympic Comm., 740 F.2d 670, 675 (9th
`
`Cir. 1984).
`
`IV. ORDER
`
`The Court DENIES Plaintiffs’ motion for a TRO. This Order is without prejudice to
`
`Plaintiffs’ filing a motion for preliminary injunction
`
`IT IS SO ORDERED.
`
`
`
`
`
` 9
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`
`
`Case 5:20-cv-07502-BLF Document 27 Filed 11/03/20 Page 10 of 10
`
`
`
`Dated: November 3, 2020
`
`
`
`
`
`______________________________________
`BETH LABSON FREEMAN
`United States District Judge
`
`
`10
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Northern District of California
`
`United States District Court
`
`