Case No.: 13-CV-04303-LHK ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS WITH LEAVE TO AMEND
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U n i t e d S t a t e s D i s t r i c t C o u r t
F o r t h e N o r t h e r n D i s t r i c t o f C a l i f o r n i a
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PAUL PERKINS, et. al., Plaintiffs, v. LINKEDIN CORPORATION, Defendant. )) ) ) ) ) ) ) )CaseNo.:13-CV-04303-LHK ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS WITH LEAVE TO AMEND Paul Perkins, Pennie Sempell, Ann Brandwein, Erin Eggers, Clare Connaughton, Jake Kushner, Natalie Richstone, Nicole Crosby, and Leslie Wall, on behalf of themselves and a putative class (“Plaintiffs”), bring the instant action against LinkedIn Corporation (“Defendant” or “LinkedIn”).
ECF No. 7. The gravamen of Plaintiffs’ complaint is that Defendant, the operator of a popular social networking website, violated several state and federal laws by harvesting email addresses from the contact lists of email accounts associated with Plaintiffs’ LinkedIn accounts and by sending repeated invitations to join LinkedIn to the harvested email addresses.
¶ 2. Defendant filed a Motion to Dismiss the operative complaint, the First Amended Complaint (“FAC”).
ECF No. 17. The Motion is fully briefed,
ECF Nos. 24, 30, and the Court held a hearing on the Motion,
ECF No. 44 (“Tr.”). Having considered the briefing, applicable law, and the oral arguments presented at the hearing, the Court GRANTS IN PART and DENIES IN PART Defendant’s Motion. The Court also grants Plaintiffs leave to amend the FAC to cure deficiencies identified in this Order.