Casterlow-Bey v. Google Search Engine Co et al

Filing 14

ORDER by Judge Benjamin H. Settle granting 12 Motion to Dismiss for Failure to State a Claim; Google Search Engine Co terminated. Plaintiff to respond to Court re Tacoma News Tribune by April 30, 2018.(TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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GARY CASTERLOW-BEY,
Plaintiff,

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v.
GOOGLE SEARCH ENGINE CO., et
al.,

CASE NO. C18-5160 BHS
ORDER GRANTING
DEFENDANT’S MOTION TO
DISMISS AND REQUESTING
RESPONSE FROM PLAINTIFF

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Defendants.
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This matter comes before the Court on Defendant Google Search Engine Co.’s
(“Google”) motion to dismiss (Dkt. 12).
On November 15, 2017, Plaintiff Gary Casterlow-Bey (“Casterlow-Bey”) filed a
complaint in Pierce County Superior Court for the State of Washington against Google
and the Tacoma News Tribune (“Defendants”). Dkt. 1-1. Casterlow-Bey alleges that
Defendants have violated his constitutional rights by publishing and linking to a news
article that slanders him. Id.
On February 28, 2018, Google removed the case to this Court. Dkt. 1.

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ORDER - 1

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On March 7, 2018, Google filed a motion to dismiss. Dkt. 12. Casterlow-Bey

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failed to respond, which the Court considers an admission that the motion has merit.

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LCR 7(b)(2). Regarding the merits, Google argues that Casterlow-Bey fails to state a

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valid claim for relief because Google is not a state actor subject to liability under 42

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U.S.C. § 1983. Dkt. 12. The Court agrees. Even if Casterlow-Bey somehow established

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that Google is subject to liability, Google is also immune from claims based on a third

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party’s allegedly defamatory content. See 47 U.S.C. § 230. Therefore, the Court

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GRANTS Google’s motion and dismisses Casterlow-Bey’s claim with prejudice.

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Regarding the remaining Defendant the Tacoma News Tribune, the Court requests

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a response from Casterlow-Bey regarding his intent to proceed with this matter. Based

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on his failure to respond to Google’s motion, the Court is concerned that he may have no

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desire to further prosecute this matter. Therefore, Casterlow-Bey shall respond no later

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than April 30, 2018. Failure to respond will result in dismissal of his remaining claim

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without prejudice and without further order of the Court.

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IT IS SO ORDERED.

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Dated this 16th day of April, 2018.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2