DiTirro v. Facebook, Inc.

Filing 20

MOTION to Dismiss First Amended Complaint; Memorandum of Points and Authorities filed by Facebook, Inc.. Motion Hearing set for 6/11/2014 09:00 AM in Courtroom 3, 3rd Floor, Oakland before Hon. Phyllis J. Hamilton. Responses due by 4/29/2014. Replies due by 5/6/2014. (Attachments: # 1 Declaration of Sandeep N. Solanki, # 2 Exhibit A to Declaration of Sandeep N. Solanki, # 3 Exhibit B to Declaration of Sandeep N. Solanki, # 4 Exhibit C to Declaration of Sandeep N. Solanki, # 5 Exhibit D to Declaration of Sandeep N. Solanki, # 6 Proposed Order Granting Motion to Dismiss First Amended Complaint)(Gutkin, Jeffrey) (Filed on 4/15/2014)

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COOLEY LLP
MICHAEL G. RHODES (116127)
([e-mail])
MATTHEW D. BROWN (196972)
([e-mail])
JEFFREY M. GUTKIN (216083)
([e-mail])
BENJAMIN H. KLEINE (257225)
([e-mail])
CANDACE A. JACKMAN (267599)
([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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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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OAKLAND

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ANTHONY DITIRRO, KATYA BRESLER,
AND MICHELLE SHUMATE, individually
and on behalf of all others similarly situated,
Plaintiffs,
v.
FACEBOOK, INC.,
Defendant.

Case No. 5:14-cv-00132-PJH
[PROPOSED] ORDER GRANTING
DEFENDANT FACEBOOK, INC.’S MOTION
TO DISMISS FIRST AMENDED
COMPLAINT AND REQUEST FOR
CONSIDERATION OF DOCUMENTS
INCORPORATED INTO FIRST AMENDED
COMPLAINT
Date:
Time:
Courtroom:
Dist. Judge:
Trial Date:

June 11, 2014
9:00 a.m.
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Hon. Phyllis J. Hamilton
None Set

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

[PROPOSED] ORDER GRANTING
MOTION TO DISMISS
CASE NO. 5:14-CV-00132-PJH

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Defendant Facebook, Inc.’s (“Facebook”) Motion to Dismiss Plaintiffs’ First Amended

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Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) was heard on June 11, 2014 at

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9:00 a.m. in this Court.

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opposition to the motion, oral argument, and all other materials properly before the Court, the

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Court issues the following findings and orders:

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Having considered the parties’ papers filed in support of and in

IT IS HEREBY ORDERED

THAT

Facebook’s Request for Consideration of Documents

Incorporated into First Amended Complaint in support of its Motion to Dismiss is GRANTED.

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The Court further holds and finds as follows:

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With respect to Count Three of the First Amended Complaint, which alleges false light

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invasion of privacy, Plaintiffs fail to state a claim upon which relief can be granted.

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With respect to Count Four of the First Amended Complaint, which alleges violations of

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California’s Unfair Competition Law, Plaintiffs fail to state a claim upon which relief can be

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granted.

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With respect to Count Five of the First Amended Complaint, which alleges violations of

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California’s False Advertising Law, Plaintiffs fail to state a claim upon which relief can be

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granted.

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With respect to Count Six of the First Amended Complaint, which alleges violations of

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California’s Consumers Legal Remedies Act, Plaintiffs fail to state a claim upon which relief can

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be granted.

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With respect to Count Seven of the First Amended Complaint, which alleges negligence,
Plaintiffs fail to state a claim upon which relief can be granted.
With respect to Count Eight of the First Amended Complaint, which alleges breach of
contract, Plaintiffs fail to state a claim upon which relief can be granted.

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With respect to Count Nine of the First Amended Complaint, which alleges breach of the

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implied covenant of good faith and fair dealing, Plaintiffs fail to state a claim upon which relief

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can be granted.

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

With respect to Count Ten of the First Amended Complaint, which alleges unjust
enrichment, Plaintiffs fail to state a claim upon which relief can be granted.
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[PROPOSED] ORDER GRANTING
MOTION TO DISMISS
CASE NO. 5:14-CV-00132-PJH

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Accordingly, IT IS HEREBY ORDERED THAT:

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Facebook’s Motion to Dismiss Plaintiffs’ First Amended Complaint is GRANTED; and

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Counts Three through Ten of Plaintiffs’ First Amended Complaint are hereby DISMISSED

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WITH PREJUDICE.

IT IS SO ORDERED.

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DATED: __________________

UNITED STATES DISTRICT JUDGE

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COOLEY LLP
ATTO RNEY S AT LAW
SAN FRA NCI S CO

2.

[PROPOSED] ORDER GRANTING
MOTION TO DISMISS
CASE NO. 5:14-CV-00132-PJH