Psycho Monkey, LLC v. Zynga Game Network, Inc.

Filing 22

ORDER by Judge Saundra Brown Armstrong, GRANTING 14 Motion to Dismiss. (lrc, COURT STAFF) (Filed on 5/13/2009) Modified on 5/14/2009 (jlm, COURT STAFF).

Case 4:09-cv-00603-SBA

Document 15

Filed 04/02/2009

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1 QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP Claude M. Stern (Bar No. 96737) 2 [e-mail] Rachel Herrick Kassabian (Bar No. 191060) 3 [e-mail] 555 Twin Dolphin Drive, Suite 560 4 Redwood Shores, California 94065-2139 Telephone: [phone] Facsimile: [phone] 6 David J. Ruderman (Bar No. 245989) [e-mail] 7 50 California Street, 22nd Floor San Francisco, California 94111-4624 8 Telephone: [phone] Facsimile: [phone] 9 10 Attorneys for Defendant Zynga Game Network, Inc. 11 12 13 14 15 16 17 18 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION PSYCHO MONKEY, LLC, Plaintiff, vs. CASE NO. 4:09-cv-0603-SBA XXXXXXXXX [PROPOSED] ORDER GRANTING DEFENDANT ZYNGA GAME NETWORK, INC.'S MOTION TO DISMISS

ZYNGA GAME NETWORK, INC., a 19 Delaware Corp., and DOES 1-10, inclusive, 20 21 22 23 24 25 26 27 28
51502/2857752.1

Defendants.

Case No. 4:09-cv-0603 SBA [PROPOSED] ORDER GRANTING DEFENDANT ZYNGA GAME NETWORK, INC.'S MOTION TO DISMISS

Case 4:09-cv-00603-SBA

Document 15

Filed 04/02/2009

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1 2

XXXXXXXXX [PROPOSED] ORDER Now pending before the Court is Defendant Zynga Game Network, Inc.'s Motion To

3 Dismiss or, in the Alternative, To Strike Portions of Plaintiff Psycho Monkey, LLC's Amended 4 Complaint. Upon consideration of the supporting and opposing papers, the pleadings in this 5 action and the arguments of counsel, and good cause appearing therefore, IT IS HEREBY 6 ORDERED that 7 8 1. 2. Defendant's Motion To Dismiss is GRANTED. Plaintiff's third cause of action for unfair competition under California Business

9 and Professions Code § 17200 is dismissed with prejudice to the extent it is premised on the 10 underlying "unlawful" act of alleged copyright infringement, because such claim is completely 11 preempted by the Copyright Act, 17 U.S.C. § 301(a). 12 3. Plaintiff's third cause of action for unfair competition under California Business

13 and Professions Code § 17200 is dismissed with prejudice to the extent it is premised on alleged 14 "unfair" conduct, because it fails to state a claim upon which relief can be granted. 15 16 17 DATED: 5/11/09 18 19 20 21 22 23 24 25 26 27 28
51502/2857752.1

IT IS SO ORDERED.

Hon. Saundra Brown Armstrong United States District Judge

Case No. Case No. 4:09-cv-0603 SBA -2[PROPOSED] ORDER GRANTING DEFENDANT ZYNGA GAME NETWORK, INC.'S MOTION TO DISMISS