Reaud

BACKGROUND

Mr. Reaud has filed suit against Facebook, asserting claims of sexual harassment and intentional infliction of emotional distress based on allegedly pornographic photos he received while using the Facebook social networking website. [Doc. 1]. According to Plaintiff, he has seen “unwanted gross and offensive pornographic ads in the SPONSORED section of [his] Facebook page,” which, he contends, violate Facebook’s community standards. [Id. at 5].3 Defendant moved to dismiss this case for failure to state a claim or, in the alternative, to transfer venue to the Northern District of California pursuant to 28 U.S.C. § 1404(a) based on the forum-selection clause in Facebook’s Terms of Service (“TOS”).

[Doc. 19 at 3–4]. Mr. Reaud opposed the Motion, arguing, in pertinent part, that venue is proper in the United States District Court for the District of Colorado because (1) on March 20, 2023, roughly two months after initiating this action, Plaintiff revoked his consent to the forum-selection clause by emailing Facebook’s counsel, [Doc. 25 at 14–15]; (2) “a substantial part of the events or omissions giving rise to the claim occurred

2 See NYW…