settlement with 38 state attorneys general, including the
California Attorney General.12
C.
The Instant Suit
Following Mayer’s report, a series of lawsuits were
filed in federal district courts around the country. Those
12
See Settlement Agreement between Google, Inc. & the
Attorneys General of the States of Alabama, Arizona,
Arkansas, California, Connecticut, Florida, Illinois, Indiana,
Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, Nebraska, Nevada, New
Jersey, New Mexico, New York, North Carolina, North
Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode
Island, South Carolina, South Dakota, Tennessee, Texas,
Vermont, Virginia, Washington, and Wisconsin, as well as
the
District
of
Columbia,
available
at
http://www.ncdoj.gov/News-and-Alerts/News-Releases-andAdvisories/Related-Information/Google-Safari-SettlementAgreement.aspx; see also Claire Cain Miller, Google to Pay
$17 Million to Settle Privacy Case, N.Y. Times (Nov. 18,
2013),
http://www.nytimes.com/2013/11/19/technology/google-topay-17-million-to-settle-privacy-case.html. The settlement
with the state attorneys general post-dated the District Court’s
dismissal order, and thus the filing of the complaint. Because
the fact of this settlement is well-documented and officially
recognized by the many governmental parties to it, and
because the public policy implications of imposing liability
on defendant Google are highly relevant to the disposition of
two of the plaintiffs’ claims, we will take judicial notice of
Google’s settlement with the state attorneys general.
11