Medina

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FILOMENO MEDINA, et al., Case No. 22-cv-01762-VC

Plaintiffs,

ORDER GRANTING MOTIONS TO

v. DISMISS

NEWFOLD DIGITAL, INC., et al., Re: Dkt. No. 19, 30 Defendants.

Two “service provider defendants” in this case, Newfold Digital, Inc. and Banco Santander, S.A., have filed motions to dismiss the claims against them. Both motions are granted with leave to amend. 1. Medina’s claims against Newfold are far from meeting the plausibility standard necessary to proceed to discovery. To begin, the complaint does not allege any facts explaining how Newfold could be held liable for the actions of its subsidiaries who allegedly provided the services in this case, BlueHost and HostGator. Medina does not respond to this argument in his opposition brief. Accordingly, both claims are dismissed on that basis.1 But even if the complaint had alleged a basis for Newfold’s liability, the claims would have to be dismissed. The negligence claim is barred by section 230 of the Communications Decency Act because it treats Newfold as the publisher or speaker of the Doe defendants’ content. See 47 U.S.C. §…