Sikhs for Justice "SFJ", Inc. v. Facebook, Inc.

144 F. Supp. 3d 1088, 2015 U.S. Dist. LEXIS 154716, 2015 WL 7075696
CourtDistrict Court, N.D. California
DecidedNovember 13, 2015
DocketCase No. 15-CV-02442-LHK
StatusPublished
Cited by31 cases

This text of 144 F. Supp. 3d 1088 (Sikhs for Justice "SFJ", Inc. v. Facebook, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sikhs for Justice "SFJ", Inc. v. Facebook, Inc., 144 F. Supp. 3d 1088, 2015 U.S. Dist. LEXIS 154716, 2015 WL 7075696 (N.D. Cal. 2015).

Opinion

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DENYING AS MOOT DEFENDANT’S MOTION TO STRIKE AND FOR ATTORNEY’S FEES AND COSTS

LUCY H. KOH, United States District Judge

Plaintiff Sikhs for Justice Inc. alleges that Defendant Facebook, Inc. violated [1090]*1090federal and state law by blocking access to ■Plaintiffs Facebook page (the “SFJ Page”) in India. ECF No. 1 (“Compl.”). Before the Court is Defendant’s motion to dismiss. ECF No. 18. Defendant also moves to strike Plaintiffs state law claims and for attorney’s fees and costs pursuant to California Code of Civil Procedure § 425.16, California’s “anti-SLAPP statute.” Id. Having considered the submissions of the parties, the relevant law, and the record in this case, the Court hereby GRANTS Defendant’s motion to dismiss Plaintiffs federal law claim with prejudice and Plaintiffs state law claims without prejudice. The Court DENIES as moot Defendant’s anti-SLAPP motion to strike and for attorney’s fees and costs.

I. BACKGROUND

A. Factual Background

Plaintiff is a New York non-profit organization dedicated to human rights advocacy. Compl. at 6. Specifically, Plaintiff focuses on the “plight of religious minorities of India and their treatment by successive Indian Governments” and promotes independence for Sikhs in the Indian state of Punjab. Id. The complaint alleges that Defendant is a Delaware corporation with a principal place of business in Palo Alto, California. Id. Defendant runs a web-based social media service called Facebook. Id.

As part of Plaintiffs human rights advocacy, Plaintiff runs the SFJ Page at www. Facebook.com/sikhsforjusticepage. Id. at I. To run the SFJ Page, Plaintiff allegedly “had a contract” with Defendant “for the use of Defendant’s internet-based and physically-office-centered social networking site.” Id. at 13. Through the SFJ Page, Plaintiff has organized a number of political and human rights advocacy campaigns, including promoting the right to self-determination for the Sikh people in Punjab and opposing the forced conversions of religious minorities to Hinduism that have allegedly taken place in India since the election of Prime Minister Narendra Modi in May 2014. Id. at 2,11.

On or about May 1, 2015, Defendant blocked access to the SFJ Page in India without prior notice or an explanation to Plaintiff. Id. at 7-8. According to Plaintiff, Defendant acted “on its own or on the behest of the Government of India,” because of discrimination against Plaintiff and Plaintiffs members on the grounds of race, religion, ancestry, and national origin. Id. at 3, 9-12. On May 15, 2015 and May 29, 2015, Plaintiff requested that Defendant restore access to the SFJ Page in India and explain why Defendant had restricted access. Id. at 8. Defendant did not substantively respond to Plaintiffs requests and did not restore access to the SFJ Page in India. Id. As a result of the loss of content in India, Plaintiff allegedly sustained damages.

B. Procedural History

Plaintiff filed the complaint on June 2, 2015. ECF No. 1. The complaint alleges that Defendant violated one federal statute, Title II of the Civil Rights Act of 1964 (“Title II”), 42 U.S.C. § 2000a. Id. ¶¶ 1-13. Plaintiff asserts two causes of action under Title II: a “first cause of action” seeking a permanent injunction, and a “second cause of action” seeking damages. Id. However, it appears that these two causes of action are based on the same violation of Title II. See id. Moreover, injunctive relief is a remedy, not an independent cause of action. See Free Kick Master LLC v. Apple Inc., No. 15-CV-03403-PJH, 2015 WL 6123058, at *9 n. 1 (N.D.Cal. Oct. 19, 2015) (citing Rosenfeld v. JPMorgan Chase Bank, N.A., 732 F.Supp.2d 952, 975 (N.D.Cal.2010)). Thus, the Court addresses the first two causes of action as one claim seeking both injunctive relief and damages. See Rosenfeld, 732 F.Supp.2d at 975 (dismissing cause of action for injunctive relief but noting that the plaintiffs remain[1091]*1091ing causes of action may warrant injunc-tive relief).

The complaint also alleges three state law claims: (1) violation of the California Unruh Civil Rights Act (the “Unruh Act”), Cal. Civ. Code §§ 51-51.3; (2) breach of contract; and (3) breach of the implied covenant of good faith and fair dealing. Compl. ¶¶ 14-26. The complaint seeks a permanent injunction requiring Defendant to stop blocking access to the SFJ Page in India, as well as compensatory and punitive damages, costs, attorney’s fees, and the production of any communications between Defendant and the government of India related to the SFJ Page. Id. at 14-15.

On July 24, 2015, Defendant filed a motion to dismiss, a special motion to strike and for attorney’s fees pursuant to California’s anti-SLAPP statute, and a request for judicial notice. ECF Nos. 13 (“Mot”); 13-2.1 Plaintiff opposed the motion to dismiss, the anti-SLAPP motion to strike and for attorney’s fees and costs, and the request for judicial notice on August 4, 2015. ECF No. 17 (“Opp.”). Defendant replied on August 14, 2015. ECF No. 18 (“Reply”).

II. LEGAL STANDARD

A. Rule 12(b)(6) Motion to Dismiss

Rule 8(a)(2) of the Federal Rules of Civil Procedure requires a complaint to include “a short and plain statement of the claim showing that the pleader is entitled to relief.” A complaint that fails to meet this standard may be dismissed pursuant to Rule 12(b)(6). Rule 8(a) requires a plaintiff to plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). “The plausibility standard is not akin to a probability requirement, but it asks for more than a sheer possibility that a defendant has acted unlawfully.” Id.

For purposes of ruling on a Rule 12(b)(6) motion, the Court “accept[s] factual allegations in the complaint as true and construe[s] the pleadings in the light most favorable to the nonmoving party.” Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir.2008). The Court, however, need not accept as true allegations contradicted by judicially noticeable facts, see Shwarz v. United States, 234 F.3d 428, 435 (9th Cir.2000), and it “may look beyond the plaintiffs complaint to matters of public record” without con[1092]*1092verting the Rule 12(b)(6) motion into a motion for summary judgment, Shaw v. Hahn,

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Bluebook (online)
144 F. Supp. 3d 1088, 2015 U.S. Dist. LEXIS 154716, 2015 WL 7075696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sikhs-for-justice-sfj-inc-v-facebook-inc-cand-2015.