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

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