Rebeka Rodriguez v. Aquatic Sales Solutions LLC

I. INTRODUCTION

Presently before the Court is defendant’s motion to dismiss for lack of personal jurisdiction and failure to state a clam. Dkt. 11. On June 5, 2023, plaintiff Rebeka Rodriguez (“Rodriguez”) filed a class action case in California state court alleging that defendant Aquatic Sales Solutions LLC (“Aquatic”) violated the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Dkt. 1-A at 2. On June 30, 2023, defendant removed the case to this Court. Dkt. 1. On August 4, 2023, defendant filed a motion to dismiss. Dkt. 9. On August 14, 2023, plaintiff filed an amended class action complaint alleging that defendant violated the California Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 631(a) et seq., by allowing a third-party to wiretap and eavesdrop on chat conversations taking place on defendant’s website. Dkt. 10 (“FAC”). On August 28, 2023, defendant filed the instant motion to dismiss for lack of personal jurisdiction and failure to state a claim. Dkt. 11 (“Mot.”). On September 11, 2023, plaintiff filed an opposition along with a request for judicial notice. Dkt. 13 (“Opp.”), 13-4 (‘RJN”). On September 18, 2023, defendant filed a reply and…