Zellmer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 CLAYTON P. ZELLMER, on behalf of Case No. 3:18-cv-01880-JD himself and all others similarly situated, 5 Plaintiff, ORDER RE SUMMARY JUDGMENT AND STATUS CONFERENCE v. Re: Dkt. No.

FACEBOOK, INC.,

8 Defendant.

9 Plaintiff Clayton Zellmer sued defendant Facebook, Inc. (Facebook) on one claim under the Illinois Biometrics Information Privacy Act (BIPA). Dkt. No. 1. To a substantial degree, this case overlaps with the facts and law of In re Facebook Biometric Information Privacy Litigation, No. 15-cv-3747-JD (In re Facebook), which this Court presided over for several years, and which concluded in a $650 million settlement in favor of Illinois Facebook users. The main difference is that Zellmer “does not have, and has never had, a Facebook account,” and “has never used Facebook’s services,” and sued on behalf of a putative class of Illinois non-users. Dkt. No. 1 ¶¶ 28, 42. In effect, Zellmer filed a BIPA claim on behalf of just…