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Before they force Google executives to cough up their internal email records and testify in court, two Android smartphone consumers suing the company will have to come up with more facts if they want to proceed with their antitrust case, a judge said Thursday, according to Reuters.

Google lawyers sought on Thursday to dismiss a lawsuit filed in federal court earlier this year by Gary Feitselson, of Kentucky, and Daniel McKee, of Iowa, on behalf of themselves and other Android users who argue that Google s practice of making its own apps the default is restricting competitors and thereby making smartphones more expensive.

At a court hearing Thursday morning in downtown San Jose, Reuters reports that U.S. District Judge Beth Labson Freeman gave plaintiffs more time to revise their arguments and gather facts, but she appeared skeptical of the lawsuit and ready to dismiss it.

The speculative nature of the damages is really quite concerning to me, Freeman said.