Zimmerman

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ROBERT ZIMMERMAN, et al., Case No. 19-cv-04591-VC

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS WITHOUT LEAVE TO

AMEND IN PART

FACEBOOK, INC., et al., Re: Dkt. No. 27 Defendants.

The defendants’ motion to dismiss the first amended complaint is granted in part. Most of the claims asserted in the complaint are privacy-related claims that overlap substantially with the lead case in the Facebook MDL. See In re: Facebook, Inc. Consumer Privacy User Profile Litigation, Case No. 18-md-2843-VC. Those claims are stayed pending adjudication or resolution of the MDL. See Fed. R. Civ. P. 42(a). The other claims are barred by the Communications Decency Act, 47 U.S.C. § 230, or by clear Ninth Circuit and Supreme Court precedent. Because these claims fail as a matter of law, leave to amend would be futile, and those claims are dismissed with prejudice. See Parents for Privacy v. Barr, 949 F.3d 1210, 1239 (9th Cir. 2020). The Court was clear that the plaintiffs had a choice with respect to their original lawsuit: the lawsuit could be consolidated with the lead case in the MDL, or, if they…