In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 162

MOTION to Dismiss Plaintiffs Third Amended Consolidated Class Action Complaint filed by Facebook Inc.. Motion Hearing set for 11/16/2017 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 10/13/2017. Replies due by 10/27/2017. (Attachments: #1 Declaration of Matthew D. Brown In Support of Defendant Facebook, Inc.s Motion to Dismiss Plaintiffs Third Amended Consolidated Class Action Complaint, #2 Exhibit 1 to Brown Declaration, #3 Exhibit 2 to Brown Declaration, #4 Exhibit 3 to Brown Declaration, #5 Exhibit 4 to Brown Declaration, #6 Exhibit 5 to Brown Declaration, #7 Exhibit 6 to Brown Declaration, #8 Proposed Order)(Brown, Matthew) (Filed on 9/8/2017)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
KYLE C. WONG (224021)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
FACEBOOK, INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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In re: Facebook Internet Tracking Litigation

Case No. 5:12-md-02314 EJD
[PROPOSED] ORDER GRANTING
DEFENDANT FACEBOOK, INC.’S MOTION
TO DISMISS PLAINTIFFS’ THIRD
AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT

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Date:
Time:
Courtroom:
Judge:
Trial Date:

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November 16, 2017
9:00 a.m.
4
Hon. Edward J. Davila
None Set

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

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Complaint was heard on November 16, 2017 at or about 9:00 a.m. in this Court. Counsel for

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

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considered the parties’ papers filed in support of and in opposition to the motion, oral argument,

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

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Court issues the following findings and orders.

COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

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

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This Court finds as follows:

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With respect to the first and second claims for relief, Plaintiffs fail to state a claim upon

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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’ Third Amended Consolidated Class Action

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Complaint is GRANTED; and
Plaintiffs’ Third 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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COOLEY LLP
ATTORNEYS AT LAW
SAN FRANCISCO

2.

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