E.K.D. et al v. Facebook, Inc.

Filing 102

ORDER Re: Motion to Dismiss. Signed by Judge Lucy H. Koh on 3/26/12. (lhklc3, COURT STAFF) (Filed on 3/26/2012)

1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11

E.K.D. et al., individually and on behalf of all
others similarly situated,

12

Plaintiffs,

13
14

v.
FACEBOOK, INC.,

15

Defendant.

16
17

)
)
)
)
)
)
)
)
)
)
)

Case No.: 12-CV-01216-LHK
ORDER RE: MOTION TO DISMISS
(dkt #s: 12, 15)

The above-captioned case, which has been pending since June 1, 2011, was transferred

18

from the Southern District of Illinois to this District on March 8, 2012. This case was reassigned to

19

the undersigned judge on March 21, 2012. The Complaint and Motion to Dismiss, which has been

20

pending since August 1, 2011, in many respects present the same issues that this Court previously

21

addressed in its Order Granting in Part and Denying in Part Defendant’s Motion to Dismiss in

22

Fraley v. Facebook, No. 11-cv-01726-LHK, ECF No. 74. 1 The Court strongly encourages the

23

parties to consider the following two options: (1) Defendant withdraw its pending motion to

24

dismiss and motion for judicial notice in support of its motion to dismiss, the parties stipulate to

25

granting the Plaintiffs leave to amend the Complaint, and Defendant may then re-file a motion to

26
27
28

1

The Court also directs the parties to this Court’s orders on motions to dismiss in Low v. LinkedIn
Corp., No. 11-cv-01468-LHK, ECF No. 28, and In re iPhone Application Litigation, No. 11-md02250-LHK, ECF No. 8.
1
Case No.: 12-cv-01216-LHK
ORDER RE: MOTION TO DISMISS

1

dismiss if it so chooses; or (2) Defendant withdraw its pending motion to dismiss and motion for

2

judicial notice in support of its motion to dismiss, and the parties re-brief the motion to dismiss in

3

light of this Court’s order in Fraley. If the parties stipulate to one of the two options, they shall

4

notify the Court by 7:00 p.m. on Tuesday, March 27, 2012. If the parties cannot stipulate to one of

5

the two options, the Court will hold a telephonic case management conference on Wednesday,

6

March 28, 2012, at noon. The Court apologizes for the short notice.

7

IT IS SO ORDERED.

8
9

Dated: March 26, 2012

_________________________________
LUCY H. KOH
United States District Judge

United States District Court
For the Northern District of California

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Case No.: 12-cv-01216-LHK
ORDER RE: MOTION TO DISMISS