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This case was last updated from PACER on 06/18/2021 at 09:42:05 (UTC).

Boorn v. Facebook, Inc.

Case Summary

On April 19, 2021, Hannelore Boorn (“Plaintiff”), individually and on behalf of the similarly situated, represented by L. Timothy Fisher of Bursor & Fisher, P.A., filed a class action suit against Facebook Inc. (“Facebook” or “Defendant”), seeking damages, restitution, disgorgement of all ill-gotten gains with both pre- and post – judgement interest for Facebook’s alleged ongoing participation in an illegal internet gambling enterprise. This case was filed in the U.S. District Courts for the Northern District of California with Judge Thomas S. Hixson presiding. 

 

The Plaintiff brings this action pursuant to Fed. R. Civ. P. 23(b)(2) and (b)(3) on behalf of herself and a Class of similarly situated individuals, In addition, plaintiff seeks to represent a subclass who reside in Kentucky who have lost money to any Illegal Slots through the Facebook platform.

 

In his complaint, the Plaintiff alleged that, “Social casinos are apps, playable from smartphones, tablets, and internet browsers, that make the “authentic Vegas-style”1 experience of slot machine gambling available to consumers anywhere and anytime. By moving their casino games directly onto the phones and computers of players, and by leveraging an innocuous-sounding “free-to-play” model,2 social casino companies, along with Facebook, Google, and Apple (the “Platforms”), have found a way to import slot machines into the homes of consumers nationwide, twenty-four hours a day and three-hundred-sixty-five days a year. Plaintiff has paid money to DoubleDown Casino, through the Defendant, for several years. He is addicted to DoubleDown Casino and would often play DoubleDown Casino for several hours per day and spend hundreds of dollars per day.”

 

The Plaintiff further alleged that, “Playing DoubleDown Casino has had a devastating impact on Plaintiff Boorn’s life. In total, Plaintiff Boorn has spent approximately $40,000 playing DoubleDown Casino and similar casino apps. Playing the game and its related losses have also placed a significant strain on her personal relationships and caused her great financial hardship. The Defendant, among other violative conduct, manufactures, repairs, owns, stores, possesses, sells, rents, leases, lets on shares, lends and gives away, transports, and exposes for sale or lease, the Illegal Slots. Facebook acted knowingly at all times when agreeing to conduct the activities of the Social Casino Enterprise. Facebook agreed to and indeed did participate in the requisite pattern of racketeering activity which constitutes this RICO claim, collected unlawful debts, engaged in racketeering activities, and intentionally acted in furtherance of the conspiracy by conducting the pattern of racketeering and unlawful debt collection as described above.”

There are four claims for relief laid down by the Plaintiff. The first claim is for alleged unlawful business practice under Cal. Business and Professions Code § 17200, et seq. (UCL), because among other reasons, when a player purchases and wagers virtual casino chips in the Illegal Slots, a winning spin affords the player an “additional chance or right to use” the Illegal Slots. The second claim is for the alleged damages and injunctive relief under 18 U.S.C. § 1962(c) (RICO) Racketeering Activities and Collection of Unlawful Debts. The third claim is for alleged Conspiracy to Engage in Racketeering Activities and Collection of Unlawful Debts. The fourth claim is for alleged Recovery of Gambling Losses from Winner or His Transferee. 

 

In his prayer for relief, the Plaintiff has requested the court to certify this action as a class action, enter into a judgment against Defendant Facebook in the amount of the losses suffered by Plaintiff and each member of the Class, and order Defendant to pay damages which can be trebled. The Plaintiff further requested the Court to enjoin the Defendant from continuing the challenged conduct, Require disgorgement of all of Defendant Facebook’s ill-gotten gains, and award pre- and post-judgment interest and grant costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-02818

  • Filing Date:

    04/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Racketeer Influenced & Corrupt Organizations Act

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Thomas S. Hixson

 

Party Details

Plaintiff

Hannelore Boorn

Defendant

Facebook, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

L. Timothy Fisher

Attorney at Bursor & Fisher, P.A.

1990 North California Boulevard, Suite 940

Walnut Creek, CA 94596

 

Court Documents

#6

(#6) WAIVER OF SERVICE Returned Executed filed by Hannelore Boorn. Service waived by Facebook, Inc. waiver sent on 6/1/2021, answer due 8/2/2021. (Fisher, L.) (Filed on 6/10/2021) (Entered: 06/10/2021)

#5

(#5) Summons Issued as to Facebook, Inc. (hdjS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

#4

(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/15/2021. Initial Case Management Conference set for 7/22/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor. (hdjS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

#2

(#2) Proposed Summons. (Fisher, L.) (Filed on 4/19/2021) (Entered: 04/19/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Facebook, Inc. ( Filing fee $ 402, receipt number 0971-15857634.). Filed byHannelore Boorn. (Attachments: #1 Civil Cover Sheet)(Fisher, L.) (Filed on 4/19/2021) (Entered: 04/19/2021)

 

Docket Entries

  • 06/10/2021
  • View Court Documents
  • Docket(#6) WAIVER OF SERVICE Returned Executed filed by Hannelore Boorn. Service waived by Facebook, Inc. waiver sent on 6/1/2021, answer due 8/2/2021. (Fisher, L.) (Filed on 6/10/2021) (Entered: 06/10/2021)

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  • 04/21/2021
  • View Court Documents
  • Docket(#5) Summons Issued as to Facebook, Inc. (hdjS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

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  • 04/21/2021
  • View Court Documents
  • Docket(#4) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/15/2021. Initial Case Management Conference set for 7/22/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor. (hdjS, COURT STAFF) (Filed on 4/21/2021) (Entered: 04/21/2021)

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  • 04/20/2021
  • Docket(#3) Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/4/2021. (haS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)

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  • 04/19/2021
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  • Docket(#2) Proposed Summons. (Fisher, L.) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Facebook, Inc. ( Filing fee $ 402, receipt number 0971-15857634.). Filed byHannelore Boorn. (Attachments: #1 Civil Cover Sheet)(Fisher, L.) (Filed on 4/19/2021) (Entered: 04/19/2021)

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