Honestly I don't see much merit in this suit and suspect nothing will come of it. No human is "reading" your email in so much as an SMTP server "reads" it to know where to route your email next.

Automated scanning is inherent in allowing gmail to be free. You submit to this when singing up for the service. 3rd party users emailing a plaintext email across the internet also have no expectation of privacy, just like mailing a postcard to someone across the world.