This case was last updated from U.S. District Courts on 03/27/2021 at 09:11:44 (UTC).

Garvin v. Facebook, Inc.,

Case Summary

On January 26, 2021 Rita Garvin, individually and on behalf of all others similarly situated (collectively, “Plaintiff”), represented by Jennie Lee Anderson of Andrus Anderson LLP, filed a class action lawsuit against Facebook, Inc., seeking injunctive and declaratory relief in addition to damages and litigation costs for alleged anti competitive conduct. This case was filed in U.S. District Court in the Northern District of California with Judges Susan van Keulen and Lucy H. Koh presiding.

Pursuant to Federal Rule of Civil Procedure 23(b)(3), the Plaintiff asserts to have filed the claim on behalf of all persons or entities in the United States and in the State of California, who maintained a Facebook profile at any point from 2007 up to date while excluding any and all Parties related to Facebook or judges, justices, or judicial officers presiding over this matter.

In the complaint, Plaintiff alleged that “Facebook uses the valuable data it deceitfully collects from its users to execute its “acquire, copy, or kill” business plan. Rather than competing on the merits, Facebook allegedly uses this valuable consumer data to identify incipient competitors with the most likely path to meaningful market share gains. Often, these competitors are Facebook users’ preferred alternatives.” The Plaintiff also alleged that “The message to its competitors was explicit: sell at a bargain, or Facebook will go into “destroy mode.” 

The Plaintiff further alleged that “Facebook’s destruction of competition has caused consumers to suffer substantial economic injury. Consumers give up something of material value when agreeing to Facebook’s Terms of Service: their personal information and their attention. User information and attention is then sold in measurable units to advertisers in exchange for money. Consumers thus give up valuable consideration in using Facebook pursuant to Facebook’s Terms of Service.”

Plaintiff also alleged that “Facebook’s monopolistic conduct violates the antitrust laws and harms consumers. Facebook is dominant in the Social Network Market and the Social Media Market, and has engaged in predatory and exclusionary conduct in order to monopolize, causing Plaintiff and Class members to suffer substantial economic injury as a result of Facebook’s competition-reducing violations of law. This action seeks recovery for consumers’ losses and Facebook’s unlawful gains, and it seeks other appropriate equitable relief to prevent Facebook from continuing to destroy competition and harm consumers.”

There are seven claims for relief laid down by the Plaintiff. The First claim for relief is for alleged monopolization of social network market in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2. Other claims are alleged attempted monopolization of social network market, monopolization of social media market, attempted monopolization of social media market, all in violation of Section 2 of the Sherman Act, 15 U.S.C. § 2, unjust enrichment through its alleged misconduct under California Common Law, Violation of Unfair Competition Act (Cal. Bus. & Prof. Code §§ 17200, et seq.) and violation of the Cartwright Act (Cal. Bus. & Prof. Code 16700 et seq.) respectively.

In its prayer for relief, the Plaintiff requested the court to pass an order to define the class as requested and to certify this as a class action in accordance with Federal Rule of Civil Procedure 23. The Plaintiff further requested the court to declare that Facebook’s alleged conduct violates the statutes listed above and to pass an order for an injunction against the Defendant to protect the interests of the classes and to order treble damages or, alternatively, restitution and/or disgorgement of all amounts allegedly wrongfully charged from Plaintiff and members of Classes in addition to the cost of litigation with interest.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:21-CV-00618

  • Filing Date:

    01/26/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Referral Judge

Susan van Keulen

Presiding Judge

Lucy H. Koh

 

Party Details

Plaintiff

Rita Garvin

Defendant

Facebook, Inc.,

Attorney/Law Firm Details

Plaintiff Attorneys

Jennie Lee Anderson

Attorney at Andrus Anderson LLP

155 Montgomery Street, Suite 900

San Francisco, CA 94104

Brant Douglas Penney

Attorney at Reinhardt Wendorf Blanchfiel

332 Minnesota Street, Suite W1050

St. Paul, MN 55101

Garrett D. Blanchfield, Jr.

Attorney at Reinhardt Wendorf & Blanchfield

W1050 First National Bank Building, 322 Minnesota Street

St. Paul, MN 55101

 

Court Documents

#20

#19

18 #1

Notice of Eligibility for Video Recording

#18

#17

#16

#15

12 #1

Supplement

#12

8 #1

Supplement

#8

#7

#6

#5

#4

#2

1 #1

Civil Cover Sheet

#1

15 More Documents Available
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Docket Entries

  • 03/18/2021
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  • Docket(#20) Case Management Order. Signed by Judge Lucy H. Koh on 3/18/2021. (lhklc2, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)

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  • 03/18/2021
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  • Docket(#19) ORDER by Judge Lucy H. Koh Appointing Interim Class Counsel and Plaintiffs' Executive Committees. (lhklc2, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)

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  • 02/26/2021
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  • Docket(#18) ORDER REASSIGNING CASE. Case reassigned to Judge Lucy H. Koh for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 2/26/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 2/26/2021) (Entered: 02/26/2021)

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  • 02/25/2021
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  • Docket(#17) Order Relating and Consolidating Cases. Signed by Judge Lucy H. Koh on 2/25/2021. (lhklc2, COURT STAFF) (Filed on 2/25/2021) Modified on 3/1/2021 (kedS, COURT STAFF). *** For Further Docket Entries See Lead Consolidated Action 5:20-cv-08570-LHK *** (Entered: 02/25/2021)

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  • 02/25/2021
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  • Docket(#16) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Rita Garvin.. (Anderson, Jennie) (Filed on 2/25/2021) (Entered: 02/25/2021)

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  • 02/12/2021
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  • Docket(#15) Refund Status re #12 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 2/12/2021) (Entered: 02/12/2021)

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  • 02/11/2021
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  • Docket(#14) CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/25/2021. (dtmS, COURT STAFF) (Filed on 2/11/2021) (Entered: 02/11/2021)

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  • 02/08/2021
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  • Docket(#13) WAIVER OF SERVICE Returned Executed filed by Rita Garvin. Service waived by Facebook, Inc., waiver sent on 2/2/2021, answer due 4/5/2021. (Penney, Brant) (Filed on 2/8/2021) (Entered: 02/08/2021)

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  • 02/05/2021
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  • Docket(#12) Application for Refund, Receipt Number 0971- 15495644 and 0971-15495774 (Duplicate Payments) by Rita Garvin. (Attachments: #1 Supplement)(Anderson, Jennie) (Filed on 2/5/2021) (Entered: 02/05/2021)

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  • 02/02/2021
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  • Docket(#11) Order by Magistrate Judge Kandis A. Westmore granting #7 Motion for Pro Hac Vice as to Brant D. Penney.(dtmS, COURT STAFF) (Filed on 2/2/2021) (Entered: 02/02/2021)

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  • 02/02/2021
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  • Docket(#10) Order by Magistrate Judge Kandis A. Westmore granting #4 Motion for Pro Hac Vice as to Garrett D. Blanchfield.(dtmS, COURT STAFF) (Filed on 2/2/2021) (Entered: 02/02/2021)

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  • 02/01/2021
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  • Docket(#9) Refund Status re #8 Application for Refund Declined. (rghS, COURT STAFF) (Filed on 2/1/2021) (Entered: 02/01/2021)

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  • 01/29/2021
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  • Docket(#8) Application for Refund, Receipt Number 0971- 15495644 and 0971-15495774 (Duplicate Payments) by Rita Garvin. (Attachments: #1 Supplement)(Anderson, Jennie) (Filed on 1/29/2021) (Entered: 01/29/2021)

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  • 01/29/2021
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  • Docket(#7) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15510133.) filed by Rita Garvin. (Penney, Brant) (Filed on 1/29/2021) (Entered: 01/29/2021)

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  • 01/27/2021
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  • Docket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/20/2021. Initial Case Management Conference set for 4/27/2021 01:30 PM in Oakland, - To be determined. (anjS, COURT STAFF) (Filed on 1/27/2021) (Entered: 01/27/2021)

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  • 01/27/2021
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  • Docket(#5) Summons Issued as to Facebook, Inc. (anjS, COURT STAFF) (Filed on 1/27/2021) (Entered: 01/27/2021)

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  • 01/27/2021
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  • Docket(#4) MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-15499616.) filed by Rita Garvin. (Blanchfield, Garrett) (Filed on 1/27/2021) (Entered: 01/27/2021)

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  • 01/27/2021

  • Docket(#3) Case assigned to Magistrate Judge Kandis A. Westmore. 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 2/10/2021. (mbcS, COURT STAFF) (Filed on 1/27/2021) (Entered: 01/27/2021)

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  • 01/26/2021
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  • Docket(#2) Proposed Summons. (Anderson, Jennie) (Filed on 1/26/2021) (Entered: 01/26/2021)

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  • 01/26/2021
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  • Docket(#1) COMPLAINT with Jury Demand against Facebook, Inc., ( Filing fee $ 402, receipt number 0971-15495786). Filed by Rita Garvin. (Attachments: #1 Civil Cover Sheet)(Anderson, Jennie) (Filed on 1/26/2021) Modified on 1/27/2021 (anjS, COURT STAFF). (Entered: 01/26/2021)

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