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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 GARY CASTERLOW-BEY, Plaintiff, 9 10 v. GOOGLE SEARCH ENGINE CO., et al., CASE NO. C18-5160 BHS ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND REQUESTING RESPONSE FROM PLAINTIFF 11 Defendants. 12 13 14 15 16 17 18 19 20 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. 21 22 ORDER - 1 1 On March 7, 2018, Google filed a motion to dismiss. Dkt. 12. Casterlow-Bey 2 failed to respond, which the Court considers an admission that the motion has merit. 3 LCR 7(b)(2). Regarding the merits, Google argues that Casterlow-Bey fails to state a 4 valid claim for relief because Google is not a state actor subject to liability under 42 5 U.S.C. § 1983. Dkt. 12. The Court agrees. Even if Casterlow-Bey somehow established 6 that Google is subject to liability, Google is also immune from claims based on a third 7 party’s allegedly defamatory content. See 47 U.S.C. § 230. Therefore, the Court 8 GRANTS Google’s motion and dismisses Casterlow-Bey’s claim with prejudice. 9 Regarding the remaining Defendant the Tacoma News Tribune, the Court requests 10 a response from Casterlow-Bey regarding his intent to proceed with this matter. Based 11 on his failure to respond to Google’s motion, the Court is concerned that he may have no 12 desire to further prosecute this matter. Therefore, Casterlow-Bey shall respond no later 13 than April 30, 2018. Failure to respond will result in dismissal of his remaining claim 14 without prejudice and without further order of the Court. 15 IT IS SO ORDERED. 16 Dated this 16th day of April, 2018. A 17 18 BENJAMIN H. SETTLE United States District Judge 19 20 21 22 ORDER - 2

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