In Re FACEBOOK INTERNET TRACKING LITIGATION

Filing 44

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)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
JEFFREY M. GUTKIN (216083)
([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’ 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

1.

[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

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