Revitch

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JEREMIAH REVITCH, Case No. 18-cv-06827-VC

Plaintiff,

ORDER DISMISSING CASE FOR

v. LACK OF JURISDICTION

NEW MOOSEJAW, LLC, et al., Re: Dkt. Nos. 168, 170 Defendants.

For NaviStone’s code to track a user’s clickstream data, it must place a cookie on that user’s web browser. That cookie is both essential to tracking data and an artifact of the code’s operation: if the cookie is not on the user’s browser, the code did not run. The only possible caveat is that the cookie might have been deleted after the fact, but Revitch has not produced any evidence that that happened and has stated that he has not deleted any cookies from his browser. Thus, on this quirky record, there is no genuine dispute: any reasonable factfinder would be compelled to conclude that NaviStone’s code never ran on Revitch’s browser. For this reason, NaviStone asserts that Revitch has suffered no injury and asks the Court to dismiss his claims for lack of standing. That request is granted, and Revitch’s claims are dismissed under Rule 12(b)(1). By definition, NaviStone’s counterclaim must also be…