Low v. Linkedin Corporation

Filing 13

MOTION to Dismiss the Complaint; Memorandum of Points and Authorities filed by Linkedin Corporation. Motion Hearing set for 9/15/2011 01:30 PM in Courtroom 4, 5th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 8/1/2011. Replies due by 8/15/2011. (Attachments: # 1 Proposed Order)(Frankel, Simon) (Filed on 6/17/2011)

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SIMON J. FRANKEL (State Bar No. 171552)
E-Mail: [e-mail]
MALI B. FRIEDMAN (State Bar No. 247514)
E-Mail: [e-mail]
COVINGTON & BURLING LLP
One Front Street, 35th Floor
San Francisco, California 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
LINKEDIN CORPORATION

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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KEVIN LOW, individually and on behalf of
all others similarly situated,

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Plaintiff,

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vs.

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Civil Case No.: 5:11-cv-01468 LHK
[Proposed] ORDER GRANTING
MOTION OF DEFENDANT
LINKEDIN CORPORATION TO
DISMISS THE COMPLAINT

LINKEDIN CORPORATION, a California
Corporation, and Does 1 to 50 inclusive,

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Defendants.
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Date: September 15, 2011
Time: 1:30 pm
Courtroom: 4, 5th Floor

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[Proposed] ORDER GRANTING MOTION OF DEFENDANT
LINKEDIN CORPORATION TO DISMISS THE COMPLAINT

Civil Case No.: 5:11-cv-01468 LHK

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Defendant LinkedIn’s Motion to Dismiss came on for hearing before this Court.

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Upon consideration of the Motion to Dismiss and attached Memorandum of Points and

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Authorities, the complete record on file in this action, and all other oral and documentary

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evidence and arguments presented to the Court, the Court finds pursuant to Federal Rule of

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Civil Procedure 12(b)(1) that plaintiff lacks standing under Article III of the U.S. Constitution to

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bring this action against LinkedIn. Pursuant to Federal Rule of Civil Procedure 12(b)(6), the

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Court further finds that each of the ten causes of action in the Complaint fails to state a claim

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upon which relief can be granted.

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IT IS THEREFORE ORDERED that LinkedIn’s Motion to Dismiss is GRANTED

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in its entirety and the Compliant is hereby dismissed without leave to amend and with prejudice.

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IT IS SO ORDERED.

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Date: _____________, 2011

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____________________________________
Honorable Lucy H. Koh
United States District Judge

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[Proposed] ORDER GRANTING MOTION OF DEFENDANT
LINKEDIN CORPORATION TO DISMISS THE COMPLAINT

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Civil Case No.: 5:11-cv-01468 LHK