Goldsmith, Esq. v. Cooper et al

Filing 17

MOTION to Dismiss Amended Complaint by Defendant Facebook, Inc.. Responses due by 12/2/2010. (Attachments: # 1 Affidavit Declaration of Theresa Sutton, # 2 Exhibit A-D to the Declaration of Theresa Sutton)(Sutton, Theresa)

Goldsmith, Esq. v. Cooper et al

Doc. 17

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JOSEPH R. GANLEY (5643) [e-mail] CHRISTIAN M. ORME (10175) [e-mail] HUTCHISON & STEFFEN, LLC 10080 West Alta, Suite 200 Las Vegas, NV 89145 Telephone: [phone] Fax: [phone] I. NEEL CHATTERJEE (admitted Pro Hac Vice) [e-mail] THERESA A. SUTTON (admitted Pro Hac Vice) [e-mail] ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, CA 94025 Telephone: [phone] Facsimile: 650-614-7401 Attorneys for Defendant FACEBOOK, INC. UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

JONATHAN B. GOLDSMITH, Plaintiff, v. JORDAN R. COOPER, an Individual; CHERYL COOPER DRISCOLL, an Individual; FACEBOOK, INC., a foreign corporation, Defendants.

Case No. 2:10-cv-01845-RLH-PAL FACEBOOK, INC.'S MOTION TO DISMISS AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6) AND 12(B)(3) ORAL ARGUMENT REQUESTED

OHS West:261034620.1

MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(B)(6), (3) 2:10-CV-01845-RLH-PAL

Dockets.Justia.com

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Comes now Defendant Facebook, Inc., and, before the filing of any other plea, pleading or motion, files this its Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(6) and 12(b)(3), and would respectfully show the Court as follows: Motion to Dismiss Under Rule 12(b)(6) Facebook moves this Court to dismiss this case against it as Goldsmith has failed to state a claim upon which relief can be granted. Specifically, Facebook is immune from liability for Goldsmith's State tort claims (slander and libel). In addition, Goldsmith failed to plead the requisite facts to state a Wiretap Claim pursuant to Sections 2511(a) and (c). Goldsmith's Amended Complaint must be dismissed. Motion to Dismiss Under Rule 12(b)(3) Facebook further moves this Court to dismiss this case on the ground that it is an improper forum. Goldsmith was a Facebook member for six years and agreed to resolve all claims against Facebook in the County of Santa Clara, California. presumptively valid and should be enforced. Evidence in Support of this Motion Facebook attaches as evidence in support of this Motion the Declaration of Theresa A. Sutton, as well as Exhibits A through D, filed concurrently herewith. Dated: November 15, 2010 ORRICK, HERRINGTON & SUTCLIFFE LLP The parties' forum selection clause is As such,

/s/ Theresa A. Sutton THERESA A. SUTTON Attorneys for Defendant FACEBOOK, INC.

OHS West:261034620.1

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MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(B)(6), (3) 2:10-CV-01845-RLH-PAL

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OHS West:261034620.1

CERTIFICATE OF SERVICE On the 15th day of November 2010, I electronically submitted the foregoing document with the Clerk of the Court for the U.S. District Court, District of Nevada, using the electronic case filing system of the Court. I hereby certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants or by another manner authorized by Federal Rule of Civil Procedure 5(b)(2).

/s/ Theresa A. Sutton THERESA A. SUTTON

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MOTION TO DISMISS PURSUANT TO FED.R.CIV.P. 12(B)(6), (3) 2:10-CV-01845-RLH-PAL