Heeger
Heeger v. Facebook, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRETT HEEGER, Case No. 18-cv-06399-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 26 FACEBOOK, INC., Defendant.
12 This is a privacy class action lawsuit brought by plaintiff Brett Heeger against defendant Facebook, Inc., on behalf of a putative class of Facebook users who turned off Facebook’s “Location History” feature. Heeger alleges that Facebook continued to “track, log, and store” their private location information “regardless of users’ choices” to deactivate that feature. Dkt. No. 1 ¶¶ 1, 43. Facebook has moved to dismiss plaintiff’s complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Dkt. No. 26. The motion is granted and denied in part, with leave to amend. DISCUSSION Facebook’s unopposed request for judicial notice, Dkt. Nos. 27, 32, is granted, and plaintiff’s fifth claim under California’s Consumer Legal Remedies Act, Cal. Civ. Code § 1750 et seq., is dismissed because…