In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 101

MOTION to Dismiss Defendant Facebook, Inc.s Motion to Dismiss Plaintiffs Second Amended Consolidated Class Action Complaint (Fed. R. Civ. P. 12(b)(1) & 12(b)(6)) filed by Facebook Inc.. Motion Hearing set for 4/28/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 2/18/2016. Replies due by 3/10/2016. (Attachments: #1 Proposed Order)(Brown, Matthew) (Filed on 1/14/2016)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
KYLE C. WONG (224021)
([e-mail])
ADAM C. TRIGG (261498)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
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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Case No. 5:12-md-02314 EJD

In re: Facebook Internet Tracking Litigation

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

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DATE:
TIME:
COURTROOM:
JUDGE:
TRIAL DATE:

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April 28, 2016
9:00 a.m.
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Hon. Edward J. Davila
None Set

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Defendant Facebook, Inc.’s Motion to Dismiss Plaintiffs’ Second Amended Consolidated

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Complaint was heard on April 28, 2016 at 9:00 a.m. in this Court. Counsel for Facebook and

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counsel for Plaintiffs were in attendance and presented oral argument. Having considered the

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parties’ papers filed in support of and in opposition to the motion, 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.

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

1.

[PROPOSED] ORDER GRANTING
FACEBOOK’S MOTION TO DISMISS
NO. 5:12-MD-02314 EJD

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This Court finds as follows:

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Plaintiffs do not have standing to bring the present action under Article III of the United

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States Constitution.
With respect to the first through eleventh claims for relief, 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’ Second Amended Consolidated Class Action

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Complaint is GRANTED; and
Plaintiffs’ Second Amended Consolidated Class Action Complaint and all claims for relief
alleged therein are hereby DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.

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DATED: __________________
THE HONORABLE EDWARD J. DAVILA
UNITED STATES DISTRICT JUDGE

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126432237

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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

[PROPOSED] ORDER GRANTING
FACEBOOK’S MOTION TO DISMISS
NO. 5:12-MD-02314 EJD