Caraccioli

*1060 ORDER GRANTING DEFENDANT’S MOTION TO DISMISS; DENYING PLAINTIFF’S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT

Re: Dkt. Nos. 17,

With the rise of social media on the internet, many people choose to make public the aspects of their lives that would otherwise be known to few. Social media networks can also be easily misused, however, by those motivated to impermissibly reveal the private matters of others. Plaintiff Franco Caraccioli (“Plaintiff’) alleges in this case that someone posted private images and videos to a webpage without his consent and disseminated that material to his unsuspecting online network of friends, family and professional contacts. He asked Defendant Facebook, Inc. (“Facebook”) to remove the webpage, but was unsatisfied with Facebook’s response. He filed this action for damages against Facebook as a result.

Two matters are now before the court. In the first, Facebook moves to dismiss Plaintiffs claims because it argues they contradict Facebook’s Terms of Service and are barred by the Communications Decency Act. In the second, Plaintiff seeks leave file a second amended complaint that includes an additional claim. Having carefully considered…