Vance

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 STEVEN VANCE, et al., Case No. 20-cv-04696-BLF

8 Plaintiffs,

ORDER GRANTING MOTION TO

9 v. DISMISS WITH LEAVE TO AMEND

10 GOOGLE LLC, [Re: ECF No. 92] 11 Defendant.

12 13 In April 2019, International Business Machines Corporation (“IBM”) used publicly 14 available photos, including those posted by Plaintiffs to the photo-sharing website Flickr, to create 15 a massive collection of biometric information called the Diversity in Faces Dataset (“DiF 16 Dataset”). ECF No. 1 (“Compl.”) ¶¶ 6–7, 29, 39–46. Plaintiffs allege that Defendant Google LLC 17 (“Google”) acquired the DiF Dataset from IBM without Plaintiffs’ consent and profited from it in 18 violation of the Illinois Biometric Information Privacy Act (“BIPA”). Id. ¶¶ 55, 92–105. 19 Plaintiffs also allege claims for unjust enrichment and injunctive relief. Id. ¶¶ 106–121. Google 20 moves to dismiss Plaintiffs’ complaint in its entirety. ECF No.…