Hughley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALEXANDRIA HEATHER, et al., Case No. 3:22-cv-05059-JD

Plaintiffs,

SECOND ORDER RE MOTION TO

v. DISMISS AND DISCOVERY STAY

HEALTHLINE MEDIA, INC., Defendant.

Plaintiffs Alexandria Heather and Kelsey Nelson have sued defendant Healthline Media, Inc. (Healthline), on behalf of themselves and a putative nationwide class, alleging that Healthline disclosed their personal video viewing histories in violation of the Video Privacy Protection Act (VPPA), 18 U.S.C. § 2710. This is the second round of pleadings motions with respect to the sufficiency of the allegations in the complaint. The Court dismissed the prior complaint for not plausibly alleging that plaintiffs were “subscribers” within the scope of the VPPA. See Dkt. No. 38. Healthline asks to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6). Dkt. No. 52. The parties’ familiarity with the record is assumed, and the amended complaint is dismissed. …