Ung et al v. Facebook, Inc.

Filing 10

MOTION to Dismiss FACEBOOK, INC.S MOTION TO DISMISS PLAINTIFFS CLASS ACTION COMPLAINT filed by Facebook, Inc.. Responses due by 9/1/2011. Replies due by 9/28/2011. (Attachments: # 1 Proposed Order, # 2 Certificate/Proof of Service)(Brown, Matthew) (Filed on 7/20/2011)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
BENJAMIN H. KLEINE (257225)
([e-mail])
JAMES B. MCARTHUR (265806)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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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 JOSE DIVISION

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RYAN UNG, CHI CHENG and ALICE
ROSEN, on Behalf of Themselves and All
Others Similarly Situated,

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

Plaintiffs,

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Case No. 11-CV-02829-JF-PSG

v.

Date:
Time:
Judge:
Courtroom:
Trial Date:

FACEBOOK, INC.,
Defendant.

To be determined
To be determined
Hon. Jeremy Fogel
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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 before this Court. Counsel for Facebook and counsel for

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Plaintiffs were in attendance and presented oral arguments. Having considered the parties’ papers

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filed in support of and in opposition to the motion, including Facebook’s Request for Judicial

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Notice and the Declaration of Ana Yang Muller in support thereof, oral argument, and all other

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

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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
CASE NO. 11-CV-02829-JF-PSG

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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 Article I, Section 1 of the California Constitution,

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Plaintiffs fail to state a claim upon which relief can be granted.
With respect to Count II, for unjust enrichment, 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’ Class Action Complaint is GRANTED; and

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Plaintiffs’ Class Action Complaint and all claims for relief alleged therein are hereby
DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.

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DATED: __________________

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____________________________________
THE HONORABLE JEREMY FOGEL
UNITED STATES DISTRICT JUDGE

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1228512 /SF

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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[PROPOSED] ORDER GRANTING
FACEBOOK’S MOTION TO DISMISS
CASE NO. 11-CV-02829-JF-PSG