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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1 2 3 4 5 6 SIMON J. FRANKEL (State Bar No. 171552) E-Mail: sfrankel@cov.com MALI B. FRIEDMAN (State Bar No. 247514) E-Mail: mfriedman@cov.com COVINGTON & BURLING LLP One Front Street, 35th Floor San Francisco, California 94111 Telephone: (415) 591-6000 Facsimile: (415) 591-6091 Attorneys for Defendant LINKEDIN CORPORATION 7 8 UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 KEVIN LOW, individually and on behalf of all others similarly situated, 13 Plaintiff, 14 vs. 15 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, 16 Defendants. 17 Date: September 15, 2011 Time: 1:30 pm Courtroom: 4, 5th Floor 18 19 20 21 22 23 24 25 26 27 28 [Proposed] ORDER GRANTING MOTION OF DEFENDANT LINKEDIN CORPORATION TO DISMISS THE COMPLAINT Civil Case No.: 5:11-cv-01468 LHK 1 Defendant LinkedIn’s Motion to Dismiss came on for hearing before this Court. 2 Upon consideration of the Motion to Dismiss and attached Memorandum of Points and 3 Authorities, the complete record on file in this action, and all other oral and documentary 4 evidence and arguments presented to the Court, the Court finds pursuant to Federal Rule of 5 Civil Procedure 12(b)(1) that plaintiff lacks standing under Article III of the U.S. Constitution to 6 bring this action against LinkedIn. Pursuant to Federal Rule of Civil Procedure 12(b)(6), the 7 Court further finds that each of the ten causes of action in the Complaint fails to state a claim 8 upon which relief can be granted. 9 IT IS THEREFORE ORDERED that LinkedIn’s Motion to Dismiss is GRANTED 10 in its entirety and the Compliant is hereby dismissed without leave to amend and with prejudice. 11 IT IS SO ORDERED. 12 13 Date: _____________, 2011 14 ____________________________________ Honorable Lucy H. Koh United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] ORDER GRANTING MOTION OF DEFENDANT LINKEDIN CORPORATION TO DISMISS THE COMPLAINT 1 Civil Case No.: 5:11-cv-01468 LHK

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