In Re FACEBOOK INTERNET TRACKING LITIGATION
Filing
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MOTION to Dismiss PLAINTIFFS CORRECTED FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT (FED. R. CIV. P. 12(b)(1) & 12(b)(6)) filed by Facebook Inc.. Motion Hearing set for 9/21/2012 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 7/31/2012. Replies due by 8/22/2012. (Attachments: # 1 Proposed Order)(Brown, Matthew) (Filed on 7/2/2012)
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COOLEY LLP
MICHAEL G. RHODES (116127)
(rhodesmg@cooley.com)
MATTHEW D. BROWN (196972)
(brownmd@cooley.com)
JEFFREY M. GUTKIN (216083)
(jgutkin@cooley.com)
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
(415) 693-2000
Facsimile:
(415) 693-2222
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’ CORRECTED
FIRST AMENDED CONSOLIDATED CLASS
ACTION COMPLAINT (FED. R. CIV. P.
12(b)(1) & 12(b)(6))
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DATE:
TIME:
COURTROOM:
JUDGE:
TRIAL DATE:
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September 21, 2012
9:00 a.m.
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Edward J. Davila
None Set
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Defendant Facebook, Inc.’s Motion to Dismiss Plaintiffs’ Corrected First Amended
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Consolidated Complaint was heard on September 21, 2012 at 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
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[PROPOSED] ORDER GRANTING
FACEBOOK’S MOTION TO DISMISS
NO. 5:12-MD-02314 EJD
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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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Plaintiffs do not have standing to bring the present action under Article III of the United
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States Constitution or Section 17204 of the California Business and Professions Code.
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’ Corrected First Amended Consolidated Class
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Action Complaint is GRANTED; and
Plaintiffs’ Corrected First 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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2631054/ST
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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
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