A California federal judge on Monday denied Google’s request for an immediate appeal regarding allegations that the tech giant secretly tracked children’s online activities, ruling that the issues presented do not justify interlocutory appeal at this stage of the litigation.
U.S. District Judge P. Casey Pitts ruled that Google’s request to certify the case for interlocutory appeal failed to meet the necessary criteria. One of the primary issues raised by Google was whether the plaintiffs had sufficiently alleged that Google had actual knowledge of tracking by apps within its Designated for Families program. However, Judge Pitts found that the issue at hand was related to the application of federal pleading standards rather than a controlling legal question, making it unsuitable for an appeal before final judgment.
“This issue pertains not to the application of the actual knowledge standard under the Children’s Online Privacy Protection Act (COPPA) but to the procedural requirements set forth in the Federal Rules of Civil Procedure,” Judge Pitts wrote.
