Jason Parker v. Hey, Inc., et al

Filing 53

ORDER RE 52 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL. Signed by Judge Alsup on 12/9/2016. (whalc2, COURT STAFF) (Filed on 12/9/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JASON PARKER,
Plaintiff,

For the Northern District of California

United States District Court

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No. C 16-04884 WHA

v.

ORDER RE PLAINTIFF’S
NOTICE OF VOLUNTARY
DISMISSAL

HEY, INC., and TWITTER, INC.,
Defendants.
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The Court is in receipt of plaintiff Jason Parker’s notice of voluntary dismissal (Dkt. No.

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52) following a hearing yesterday on defendant Twitter’s motion to dismiss (Dkt. No. 49). The

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notice indicates plaintiff plans to re-file this action in state court. Although the Court gave a

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tentative ruling at the aforementioned hearing with respect to Twitter’s arguments regarding the

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Communications Decency Act, consent, and the First Amendment, the Court’s views on those

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issues were tentative, not final. At the time of plaintiff’s voluntary dismissal, the Court still had

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Twitter’s arguments, including those made by counsel at oral argument, under active

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consideration. Thus, under no circumstances should plaintiff’s counsel represent to the state

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court that the undersigned judge has already ruled against defendants here.

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Counsel shall immediately notify the Court if the voluntary dismissal of this action is in
connection with a settlement agreement of any kind between the parties.
IT IS SO ORDERED.

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Dated: December 9, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE