Lineberry

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ABBY LINEBERRY, et al., Case No. 23-cv-01996-VC

Plaintiffs,

ORDER GRANTING IN PART,

v. DENYING IN PART ADDSHOPPERS' AND PEET'S COFFEE'S MOTION TO ADDSHOPPER, INC., et al., DISMISS THE FIRST AMENDED

COMPLAINT

Defendants. Re: Dkt. Nos. 138, 139

The motion to dismiss is granted in part and denied in part. This ruling assumes the reader is familiar with the facts, the applicable legal standards, the arguments made by the parties, and this Court’s prior order on the defendants’ first motions to dismiss. See McClung v. AddShopper, Inc., No. 23-CV-01996, 2024 WL 189006 (N.D. Cal. Jan. 17, 2024). 1. Article III Standing. The defendants reraise their argument that the plaintiffs have not suffered an injury-in-fact. The prior order explained that “misappropriating a person’s browsing activity across a network of thousands of online retailers and using it to barrage that person’s devices with unwanted email communications” is “the type of intrusion on privacy and seclusion that can be vindicated in the federal courts.” Id. at *1. As a reminder, the “question whether an…