Adrienne Sepaniek King v. Facebook Inc.
Published: Oct. 14, 2022 | Result Date: Apr. 20, 2022 | Filing Date: Jun. 14, 2021 |Case number: 3:21-cv-04573-EMC Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Russel D. Myrick
(The RDM Legal Group)
Samuel P. King Jr.
(King & KIng)
Defendant
Jacob M. Heath
(Orrick, Herrington & Sutcliffe LLP)
Michelle L. Visser
(Orrick, Herrington & Sutcliffe LLP)
Facts
Sometime around 2011, Adrienne Sepaniak King created a Facebook account. On November 17, 2020, King was unable to log into her Facebook account. On November 19, 2020, King received a message from Facebook that her account has been disabled. There was no reason provided in the message, but when she tried to reinstate her account, she learned that it was disabled because she failed to abide by Facebook's community standards. In response, King and her son, Christopher Edward Sepaniak King, sued Facebook in federal district court on June 14, 2021.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that Facebook disabling King's account subjected her to embarrassment and derision with her nearly 1,000 Facebook friends; that defendant did not provide any information for how her Facebook account had violated community standards; that King had done nothing to violate Facebook's community standards; that Facebook failed to act in good faith when it disabled her account; that Facebook applied inconsistent restrictions on King; that Facebook breached the contract established with King as a result of its Terms of Service agreement; that Facebook had intentionally or recklessly inflicted emotional distress on King; and alternatively, that Facebook had negligently or grossly negligently inflicted emotional distress on King.
DEFENDANT'S CONTENTIONS: Defendant denied all of the plaintiffs' material allegations and any wrongdoing.
Result
Defendant's motion to dismiss was granted.
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