"In Re: Facebook Privacy Litigation"

Filing 96

MOTION to Dismiss FACEBOOK, INC.S MOTION TO DISMISS FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT filed by Facebook, Inc.. Motion Hearing set for 10/17/2011 09:00 AM in Courtroom 15, 18th Floor, San Francisco before Hon. James Ware. Responses due by 7/29/2011. Replies due by 8/5/2011. (Attachments: # 1 Proposed Order)(Brown, Matthew) (Filed on 7/15/2011)

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COOLEY LLP
MICHAEL G. RHODES (116127) ([e-mail])
MATTHEW D. BROWN (196972) ([e-mail])
BENJAMIN H. KLEINE (257225) ([e-mail])
KELLY A. COOKE (258003) ([e-mail])
MEGAN L. DONOHUE (266147) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant FACEBOOK, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Case No. 10-CV-02389-JW

IN RE: FACEBOOK PRIVACY
LITIGATION

CLASS ACTION

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[PROPOSED] ORDER GRANTING
FACEBOOK, INC.’S MOTION TO DISMISS
FIRST AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT

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Date:
Time:
Courtroom:
Judge:
Trial Date:

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October 17, 2011
9:00 a.m.
15 (18th Floor)
Hon. James Ware
Not Yet Set

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Defendant Facebook, Inc.’s Motion to Dismiss Plaintiffs’ First Amended Consolidated

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Class Action Complaint was heard on October 17, 2011 at 9:00 a.m. in this Court. Counsel for

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Facebook and counsel for Plaintiffs were in attendance and presented oral arguments. Having

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considered the parties’ papers filed in support of and in opposition to the motion, oral argument,

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and all other materials properly considered by the Court, and good cause having been shown, the

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Court issues the following findings and orders:

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

[PROPOSED] ORDER GRANTING
FACEBOOK’S MOTION TO DISMISS
NO. 10-CV-02389-JW

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IT IS HEREBY ORDERED THAT Facebook’s Request for Judicial Notice in support of its
Motion to Dismiss is GRANTED.

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The Court further finds as follows:

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With respect to Count I, for violation of the Wiretap Act, 18 U.S.C. § 2510 et seq.,

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Plaintiffs fail to state a claim upon which relief can be granted.
With respect to Count II, for violation of the Stored Communications Act, 18 U.S.C.
§ 2701 et seq., Plaintiffs fail to state a claim upon which relief can be granted.
With respect to Count IV, for violation of California Penal Code § 502(c)(8), Plaintiffs
fail to state a claim upon which relief can be granted.
With respect to Count VI, for breach of contract, Plaintiffs fail to state a claim upon which
relief can be granted.
With respect to Count VII, for violation of California Civil Code §§ 1572 and 1573,
Plaintiffs fail to state a claim upon which relief can be granted.

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Accordingly, IT IS HEREBY ORDERED THAT:

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Facebook’s Motion to Dismiss Plaintiffs’ First Amended Consolidated Class Action

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Complaint is GRANTED; and
Plaintiffs’ First Amended Consolidated Class Action Complaint and all claims for relief
alleged therein are hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.

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DATED: __________________

________________________________
THE HONORABLE JAMES WARE
UNITED STATES DISTRICT JUDGE

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1226005 /SF

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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[PROPOSED] ORDER GRANTING
FACEBOOK’S MOTION TO DISMISS
NO. 10-CV-02389-JW