Epidemic Sound, AB v. Meta Platforms, Inc.

Opinion

1 2 5 6 EPIDEMIC SOUND, AB, Case No. 22-cv-04223-JSC

7 Plaintiff, ORDER ON MOTION TO DISMISS v. 8 Re: Dkt. No. 29 Defendant. 10

11 12 Epidemic Sound (“Plaintiff”) brings this lawsuit for copyright infringement against Meta 13 Platforms (“Defendant”). (Dkt. No. 1.)1 Defendant moves to dismiss for failure to state a claim 14 under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 29.) In the alternative, Defendant 15 moves for a more definite statement under Rule 12(e). (Id.) After carefully considering the 16 briefing submitted, the Court concludes oral argument is unnecessary, see Civ. L.R. 7-1(b), 17 vacates the hearing scheduled for December 1, 2022, GRANTS the request for judicial notice, 18 and DENIES Defendant’s motion. 19 The complaint provides “fair notice of what the . . . claim is and the grounds upon which it 20 rests,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (cleaned up), and Plaintiff pleads 21 “factual content that allows the court to draw the reasonable inference that the defendant is liable 22 for the misconduct alleged,” Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009). Moreover, Defendant’s 23 motion improperly relies on materials outside the complaint—such as pre-suit investigations and 24 Plaintiff’s website information. (Dkt. No. 29 at 14, 15 n.19.) An initial Case Management 25 Conference is set for January 12, 2023 at 1:30 p.m. via Zoom video. A joint Case Management 26 Statement is due one week in advance. 27 1 This Order disposes of Docket Nos. 29 and 30. 3 Dated: November 28, 2022 4 re ACQUELINE SCOTT CORLE 5 United States District Judge 6 7 8 9 10 11 12

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