Low v. Linkedin Corporation

Filing 35

Proposed Order re 34 MOTION to Dismiss Amended Complaint by Linkedin Corporation. (Frankel, Simon) (Filed on 1/10/2012)

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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, et al.,

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Plaintiffs,

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vs.

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

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

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Defendants.
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Date: March 22, 2012
Time: 1:30 p.m.
Courtroom: 4, 5th Floor

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

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

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Defendant LinkedIn’s Motion to Dismiss the Amended Complaint came on for

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hearing before this Court. Upon consideration of the Motion to Dismiss and attached

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Memorandum of Points and Authorities, the complete record on file in this action, and all other

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oral and documentary evidence and arguments presented to the Court, the Court finds pursuant

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to Federal Rule of Civil Procedure 12(b)(1) that plaintiffs lack standing under Article III of the

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U.S. Constitution to bring this action against LinkedIn. Pursuant to Federal Rule of Civil

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Procedure 12(b)(6), the Court further finds that each of the eight causes of action in the

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Amended Complaint fails to state a claim upon which relief can be granted.

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IT IS THEREFORE ORDERED that LinkedIn’s Motion to Dismiss the

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Amended Complaint is GRANTED in its entirety and the Complaint is hereby dismissed

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without leave to amend and with prejudice.

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IT IS SO ORDERED.

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Date: _____________, 2012

____________________________________
Honorable Lucy H. Koh
United States District Judge

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

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