Lundy

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRENDAN LUNDY, et al., Case No. 18-cv-06793-JD

Plaintiffs,

ORDER RE MOTION TO DISMISS

v. 9 Re: Dkt. No. 135 FACEBOOK INC., Defendant.

This order resolves defendant Facebook’s motion to dismiss the second amended complaint by plaintiff users, which challenges Facebook’s collection of personal location data. Dkt. No. 135. The parties’ familiarity with the record is assumed. Dismissal on timeliness grounds is denied. The claims of the four new plaintiffs are timely because they relate back to the original complaint under Federal Rule of Civil Procedure 15(c). The new plaintiffs were members of the putative class proposed in the original complaint; their claims arise out of the same conduct set out in that pleading; and relation back will not unfairly prejudice Facebook. See Bebault v. DMG Mori USA, Inc., No. 18-cv-02373-JD, 2020 WL 2065646, at *3 (N.D. Cal. Apr. 29, 2020). Dismissal of all of the unjust enrichment claims as untimely is also denied. As Facebook…