Funes v. Instagram, Inc et al

Filing 39

ORDER RE MOTION FOR LEAVE TO FILE AMENDED COMPLAINT re 38 MOTION to Amend/Correct for Leave to File Second Amended Complaint filed by Lucy Rodrigues (whalc2, COURT STAFF) (Filed on 6/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C 12-06482 WHA

Plaintiff,

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For the Northern District of California

United States District Court

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LUCY RODRIGUEZ, individually, and on
behalf of all others similarly situated,

v.

ORDER RE MOTION FOR
LEAVE TO FILE AMENDED
COMPLAINT

INSTAGRAM, LLC,
Defendant.
/

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Plaintiff has filed a motion for leave to file an amended complaint. The proposed

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amended complaint seeks relief on behalf of a nationwide class, rather than the California class

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originally sought in the first amended complaint.

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Defendant is requested to file a response to the motion, due by JUNE 24 AT NOON. In

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particular, the Court is interested in whether plaintiff’s proposed amendment is contrary to the

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factors identified in Foman v. Davis, 371 U.S. 178, 182 (1962); the extent to which an

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amendment made for the sole purpose of pleading federal subject-matter jurisdiction may be

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denied; and whether California’s Unfair Competition Law can be applied extraterritorially to

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plaintiffs who are not California residents. Plaintiff may file a reply, due by JUNE 28 AT NOON.

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Dated: June 14, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE