Silverstein

Silverstein v. Keynetics Inc.

Good Law
192 F. Supp. 3d 1045·2016 WL 3479083·2016 U.S. Dist. LEXIS 83298
United States District Court, Northern District of CaliforniaJune 27, 2016Case No. 16-CV-00684-DMRCalifornia4,145 words

Opinion

Lead Opinion

Ryu, J.

ORDER ON MOTIONS TO DISMISS

Defendants 418 Media LLC (“418 Media”) and Lewis Howes, and specially appearing Defendants Keynetics, Inc. (“Key-netics”) and Click Sales, Inc.' (“Click Sales”), separately move pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(2) to dismiss Plaintiff William Silver-stein’s amended complaint. [Docket Nos. 6, 13.] The court ordered the parties to file supplemental briefing on the motions, which the parties timely filed. [Docket Nos. 34-36.] The court held a hearing on April 28, 2016. For the following reasons, *1046 Defendants’ motions to dismiss are granted because Plaintiffs claims for relief are preempted by federal law. '

I. BACKGROUND

. The following facts are taken from the allegations in Plaintiffs amended complaint, and are assumed to be true for purposes .of this motion. 1 ■ . .

Plaintiff brings this putative class action alleging violations of California’s restrictions on unsolicited commercial email. Plaintiff is a member of the group “C, Linux and Networking Group” on Linked-ln, a professional networking website. FAC ¶ 4. Through his membership in that group, he' received unlawful commercial emails (“spam” emails) that came…

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