Tomika May and Matthew Kirschenbaum, on behalf of themselves and all others similarly situated v. Philo Inc.
Published: May 3, 2024 | Result Date: Nov. 7, 2023 | Filing Date: Mar. 24, 2023 |Case number: 3:23-cv-01394-MMC Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Joseph Henry Bates
(Carney, Bates & Pulliam PLLC)
Lee Lowther
(Carney, Bates & Pulliam PLLC)
Courtney E. Ross
(Carney, Bates & Pulliam PLLC)
Douglas I. Cuthbertson
(Lieff, Cabraser, Heimann & Bernstein LLP)
Michael W. Sobol
(Lieff, Cabraser, Heimann & Bernstein LLP)
Defendant
David R. Singh
(Weil, Gotshal & Manges LLP)
Facts
Plaintiffs Tomika May and Matthew Kirschenbaum sued Philo, Inc. alleging that it violated the Video Privacy Protection Act, 18 U.S.C. § 2710 ("VPPA") by disclosing to Facebook "personally identifiable information" about the specific videos Plaintiffs and similarly situated subscribers obtained from Philo's websites and applications. Philo moved to dismiss on the grounds that May lacked standing and that Kirschenbaum previously had brought similar claims, which he had dismissed.
Result
The court granted Philo's motion to dismiss.
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