In Re Meta Pixel Healthcare Litigation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 JOHN DOE, et al., Case No. 22-cv-03580-WHO
Plaintiffs,
ORDER DENYING MOTION TO
v. CERTIFY ORDER FOR
INTERLOCUTORY APPEAL
META PLATFORMS, INC., et al., Re: Dkt. Nos. 584, 640, 658 Defendants.
Defendant Meta asks me to certify for interlocutory appeal an aspect of my September 7, 2023 Order Denying in Part and Granting in part defendant’s motion to dismiss. This matter is appropriate for resolution on the papers and the October 9, 2024 hearing is VACATED. See Civ. L.R. 7-1(b). Meta argues that a conflict has arisen in this District that merits immediate appellate review: specifically, whether purposeful or deliberate “intent” to intercept sensitive information can be adequately alleged sufficient to state a wiretapping claim under the Electronic Communications Privacy Act (“ECPA”), despite the recipient having allegedly “instructed” its business partners not to send such information to it. Dkt. No. 584. In my September 2023…