Newton

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 JOSHUA NEWTON, et al., Case No. 23-cv-00116-JD

12 Plaintiffs,

SECOND ORDER RE DISMISSAL

v. 13

14 META PLATFORMS INC., Defendant. 15

16 17 Following dismissal of the prior complaint with leave to amend, Dkt. No. 32, plaintiffs 18 Joshua and Alexander Newton filed a second amended complaint (SAC) for claims for breach of 19 contract, fraud, and intentional infliction of emotional distress (IIED) against defendant Meta 20 Platforms, Inc., arising from the company’s decision not to publish their advertisements pursuant 21 to a hate speech policy in Facebook’s Community Standards. Dkt. No. 33. Meta asks to dismiss 22 the SAC with prejudice pursuant to Federal Rules of Civil Procedure 8, 9(b), and 12(b)(6). Dkt. 23 No. 36. The parties’ familiarity with the record is assumed, and the motion is suitable for decision 24 without oral argument pursuant to Civil Local Rule 7-1(b). The case is dismissed. 25 In the prior dismissal order, the Court concluded that the contract and IIED claims were 26 …