UNITED STATES DISTRICT COURTFOR THE NORTHERN DISTRICT OF CALIFORNIAOAKLAND DIVISIONREBECCA SWIFT, on behalf of herself and allothers similarly situated,Plaintiff,vs.ZYNGA GAME NETWORK, INC., et al.,Defendants.Case No: C09-05443 SBA
ORDER DENYING DEFENDANTS’MOTIONS TO DISMISS FIRSTAMENDED COMPLAINT
Dkts. 18, 23The parties are presently before the Court on Defendant Zynga Game Network, Inc.’sMotion to Dismiss First Amended Complaint (Dkt. 18), and Defendants Adknowledge, Inc.and KITN Media USA, Inc.’s Motion to Dismiss First Amended Class Action Complaint andMotion to Strike Class Action Allegations (Dkt. 23).
Having read and considered the papersfiled in connection with these matters and being fully informed, the Court hereby DENIES themotions for the reasons set forth below. The Court, in its discretion, finds these matterssuitable for resolution without oral argument. See Fed.R.Civ.P. 78(b).
Defendant Zynga Game Network, Inc. (“Zynga”) develops games that members of social networking websites, such as Facebook and MySpace, can play on those websites. Dkt.13, FAC ¶ 1. For example, FarmVille is a game that is promoted and made available throughFacebook’s site. Id. ¶ 12. The game presents a “virtual world” where players can start andmanage their own virtual farms. Id. Users are allowed to play the Zynga games free of charge.Id. ¶ 2. Zynga generates revenue from the games by selling virtual currency to players within
Defendants Adknowledge, Inc. and KITN Media USA, Inc. are referred tocollectively herein as “Adknowledge.”
Case4:09-cv-05443-SBA Document35 Filed11/03/10 Page1 of 16