"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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1 2 3 4 5 6 7 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) MATTHEW D. BROWN (196972) (brownmd@cooley.com) BENJAMIN H. KLEINE (257225) (bkleine@cooley.com) KELLY A. COOKE (258003) (kcooke@cooley.com) MEGAN L. DONOHUE (266147) (mdonohue@cooley.com) 101 California Street, 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 Attorneys for Defendant FACEBOOK, INC. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 Case No. 10-CV-02389-JW IN RE: FACEBOOK PRIVACY LITIGATION CLASS ACTION 14 [PROPOSED] ORDER GRANTING FACEBOOK, INC.’S MOTION TO DISMISS FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT 15 16 Date: Time: Courtroom: Judge: Trial Date: 17 18 19 October 17, 2011 9:00 a.m. 15 (18th Floor) Hon. James Ware Not Yet Set 20 21 22 Defendant Facebook, Inc.’s Motion to Dismiss Plaintiffs’ First Amended Consolidated 23 Class Action Complaint was heard on October 17, 2011 at 9:00 a.m. in this Court. Counsel for 24 Facebook and counsel for Plaintiffs were in attendance and presented oral arguments. Having 25 considered the parties’ papers filed in support of and in opposition to the motion, oral argument, 26 and all other materials properly considered by the Court, and good cause having been shown, the 27 Court issues the following findings and orders: 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 1. [PROPOSED] ORDER GRANTING FACEBOOK’S MOTION TO DISMISS NO. 10-CV-02389-JW 1 2 IT IS HEREBY ORDERED THAT Facebook’s Request for Judicial Notice in support of its Motion to Dismiss is GRANTED. 3 The Court further finds as follows: 4 With respect to Count I, for violation of the Wiretap Act, 18 U.S.C. § 2510 et seq., 5 6 7 8 9 10 11 12 13 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. 14 Accordingly, IT IS HEREBY ORDERED THAT: 15 Facebook’s Motion to Dismiss Plaintiffs’ First Amended Consolidated Class Action 16 17 18 19 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. 20 21 22 DATED: __________________ ________________________________ THE HONORABLE JAMES WARE UNITED STATES DISTRICT JUDGE 23 24 25 1226005 /SF 26 27 28 COOLEY LLP ATTORNEYS AT LAW SAN FRANCISCO 2. [PROPOSED] ORDER GRANTING FACEBOOK’S MOTION TO DISMISS NO. 10-CV-02389-JW

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