Google wants to settle a class-action lawsuit over accusations it continued tracking Chrome users even when its Incognito mode was active.

According to Ars Technica, Google was sued over claims the company continued to track users even when Chrome’s Incognito mode was active. The company had previously tried for a summary judgment, but Judge Yvonne Gonzalez Rogers shot the company down.

“Google’s motion hinges on the idea that plaintiffs consented to Google collecting their data while they were browsing in private mode,” Judge Rogers ruled. “Because Google never explicitly told users that it does so, the Court cannot find as a matter of law that users explicitly consented to the at-issue data collection.” 

In the wake of that ruling, Google wants to settle the case, according to a court filing (PDF).

The Parties are presently preparing a final and definitive settlement agreement, which they anticipate executing within 30 days of this filing and then presenting for this Court’s approval within 30 days thereafter (i.e., within 60 days of this filing). To avoid any unnecessary waste of judicial resources and to allow the Parties to focus their efforts entirely on finalizing the settlement, the Parties jointly and respectfully request that the Court stay this litigation in its entirety and vacate the trial date. The Parties thank the Court for its attention to this matter.