imdb.com

MEMORANDUM

Plaintiff-appellant Huong Hoang, an actress, subscribed to IMDbPro, a paid service operated by defendant-appellee IMDb.com (“IMDb”) which provides information about film and television industry professionals. Her subscription was governed by a Subscriber Agreement. Hoang sued IMDb for breach of contract, alleging that IMDb violated the Subscriber Agreement by using her confidential information to run a public records search to discover her real age and publishing her real age on its website without her consent, damaging her acting career. Following a jury verdict for IMDb, Hoang appeals on two grounds: the district court abused its discretion when it denied Hoang’s motion to reopen discovery after her counsel’s “gross negligence,” and the district court improperly instructed the jury that Hoang bore the burden of proving, as an element of her breach of contract claim, that she had performed her obligations under the Subscriber Agreement. We have jurisdiction under 28 U.S.C. § 1291 . We affirm the district court.

1. Hoang’s counsel did not commit gross negligence in the conduct of discovery. His conduct reflects strategic decisions, not gross negligence. Hoang may…