Clemons v. Google, Inc.

Filing 10

MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Transfer Venue with Roseboro,. by Google, Inc.. (Attachments: # 1 Affidavit of Brittany Araujo, # 2 Proposed Order)(Roche, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

RICHARD CLEMONS,
Plaintiff,

Civil Action No. 1:17-CV-00963-AJT-TCB

v.
GOOGLE INC.,
Defendant.

GOOGLE LLC’S MOTION TO DISMISS OR,
IN THE ALTERNATIVE, TRANSFER VENUE
Pursuant to Fed. R. Civ. P. 12(b)(6), Google LLC (“Google”) hereby moves to dismiss
Plaintiff Richard Clemons’s complaint in its entirety with prejudice for failure to state a claim
upon which relief may be granted because Plaintiff fails to specify which provision of the Stored
Communications Act (“SCA”), 18 U.S.C. § 2701, et seq., Google has allegedly violated.
Furthermore, even if the Court were to read a cause of action into the complaint, the SCA
provides immunity to service providers such as Google for claims arising under 18 U.S.C. §
2701(a). If the Court declines to dismiss the complaint for failure to state a claim, then Google
hereby moves, in the alternative, to transfer venue to the Northern District of California pursuant
to 28 U.S.C. § 1404(a) because Plaintiff, having agreed to Google’s Terms of Service, is legally
obligated to litigate any claim he may have against Google in the Northern District of California,
not Virginia. This motion is supported by the accompanying Memorandum in Support and the
Declaration of Brittany Araujo.

DATED: November 16, 2017

Respectfully submitted,
By:

/s/ John K. Roche
John K. Roche (VSB# 68594)
Perkins Coie LLP
700 13th St. N.W., Suite 600
Washington, D.C. 20005-3960
Phone: [phone]
Fax: [phone]
[e-mail]

Counsel for Defendant Google LLC

STATEMENT REQUIRED UNDER LOCAL CIVIL RULE 7(K)
1. As a pro se party, Plaintiff is entitled to file a response opposing this motion and any such
response must be filed within twenty-one (21) days of the date on which the motion was
filed; and
2. The Court could dismiss the action on the basis of Google’s motion if Plaintiff does not
file a response; and
3. Plaintiff must identify all facts stated by Google with which Plaintiff disagrees and must
set forth Plaintiff’s version of the facts by offering affidavits (written statements signed
before a notary public and under oath) or by filing sworn statements (bearing a certificate
that it is signed under penalty of perjury); and
4. Plaintiff is also entitled to file a legal brief in opposition to the one filed by Google.

-2-

CERTIFICATE OF SERVICE
I hereby certify that on the 16th day of November, 2017, I will electronically file the
foregoing with the Clerk of Court using the CM/ECF system, and I will send the document by
email and U.S. mail to the following non-filing user:
Richard Clemons
211 N. Union St., Suite 100
Alexandria, VA 22314
[e-mail]
Pro Se Plaintiff
By:

/s/ John K. Roche
John K. Roche (VSB# 68594)
Perkins Coie LLP
700 13th St. N.W., Suite 600
Washington, D.C. 20005-3960
Phone: [phone]
Fax: [phone]
[e-mail]

Counsel for Defendant Google LLC