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This case was last updated from PACER on 06/15/2021 at 09:21:21 (UTC).

Wilkinson et al v. Facebook, Inc.

Case Summary

On April 16, 2021, Kathleen Wilkinson, Nancy Urbanczyk and Laura Perkinson, individually and on behalf of a proposed class (collectively, “Plaintiffs”), represented by Todd M. Logan of Edelson PC, filed a class action lawsuit against Facebook, Inc. (“Defendant”), seeking restitution, damages, injunctive relief, and other appropriate reliefs from Facebook’s ongoing participation in an illegal internet gambling enterprise. This case was filed in the U.S. District Court for the Northern District of California with Judge Vince Chhabria presiding. 

 

The Plaintiff filed this complaint individually and on behalf of the class including all persons in the United States who have lost money to any illegal slots through the Facebook platform.

 

In the complaint, the Plaintiffs alleged that the “By moving their casino games directly onto the phones and computers of players, and by leveraging an innocuous-sounding “free-to-play” model, social casino companies, along with Facebook, Google, and Apple (the “Platforms”), have found a way to smuggle slot machines into the homes of consumers nationwide, twenty-four hours a day and three-hundred- sixty-five days a year.”

 

The Plaintiffs also alleged that “By utilizing Facebook for distribution and payment processing, the social casinos entered into a mutually beneficial business partnership” and that “the result (and intent) of this dangerous partnership is that consumers become addicted to social casino apps, maxing out their credit cards with purchases amounting to tens or even hundreds of thousands of dollars. Consumers addicted to social casinos suffer a variety of non-financial damages ranging from depression to divorce to attempted suicide.”

 

The Plaintiffs went on to allege that “Defendant Facebook, for its part, is a direct participant in an informal association and enterprise of individuals and entities with the explicit purpose of knowingly devising and operating an online gambling scheme to exploit consumers and reap billions in profits (the “Social Casino Enterprise”).”

 

The Plaintiffs further alleged that individual Plaintiffs Wilkinson, Urbanczyk and Perkinson started playing social casino apps including DoubleDown Casino and Jackpot Party, through Defendant Facebook, which has had a devastating impact on their life. Their addiction has put significant strain on their personal relationships and their mental well-being.

 

There are three claims for relief laid down by the Plaintiffs. The first claim has been laid down to enjoin Facebook’s ongoing alleged violations of Sections 330b and 330.1 of the California Penal Code, as well as alleged violations of the federal RICO law pursuant to Cal. Business and Professions Code § 17200, et seq. The second claim has been laid down pursuant to 18 U.S.C. § 1962(c) (RICO) for alleged Racketeering Activities and alleged Collection of Unlawful Debts. The third claim is for alleged Conspiracy to Engage in Racketeering Activities and alleged Collection of Unlawful Debts pursuant to RICO § 1962(d). 

 

In its prayer for relief, the Plaintiffs requested the Court to certify the action as a class action on behalf of the Class defined, and to enjoin the defendant from continuing the challenged conduct. The Plaintiff further requested the Court to pass an order for declaratory relief and injunctive relief as appropriate, and to award damages in an amount to be determined at trial, including trebling as appropriate. The Plaintiffs also requested the Court for an award of restitution and disgorgement of all ill gotten gains, along with reasonable attorneys’ fees and expenses with pre- and post-judgment interests to the extent allowable.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-02777

  • Filing Date:

    04/16/2021

  • 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

Vince Chhabria

 

Party Details

Plaintiffs

Nancy Urbanczyk

Laura Perkinson

Kathleen Wilkinson

Defendant

Facebook, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Todd M. Logan

Attorney at Edelson PC

150 California Street, 18Th Floor

San Francisco, CA 94111

Brandt Silver-Korn

Attorney at Edelson PC

150 California Street, 18Th Floor

San Francisco, CA 94111

Rafey Sarkis Balabanian

Attorney at Edelson PC

150 California Street, 18Th Floor

San Francisco, CA 94111

Defendant Attorneys

Sean David Unger

Attorney at Paul Hastings LLP

101 California Street, Forty-Eighth Floor

San Francisco, CA 94111

Christopher Chorba

Attorney at Gibson, Dunn & Crutcher LLP

333 South Grand Avenue

Los Angeles, CA 90071-3197

Timothy William Loose

Attorney at Gibson, Dunn & Crutcher LLP

333 South Grand Avenue

Los Angeles, CA 90071-3197

Behnam Dayanim

Attorney at Paul Hastings LLP

2050 M Street, Nw

Washington, DC 20036

Andy M. LeGolvan

Attorney at Paul Hastings LLP

4747 Executive Drive, Twelfth Floor

San Diego, CA 92121

Adrienne Liu

Attorney at Gibson, Dunn & Crutcher LLP

333 South Grand Avenue

Los Angeles, CA 90071-3197

 

Court Documents

#21

(#21) NOTICE of Appearance by Adrienne Liu (Liu, Adrienne) (Filed on 6/4/2021) (Entered: 06/04/2021)

#20

(#20) NOTICE of Appearance by Timothy William Loose (Loose, Timothy) (Filed on 6/4/2021) (Entered: 06/04/2021)

#19

(#19) STIPULATION to Extend Time to Respond to Complaint filed by Facebook, Inc.. (Chorba, Christopher) (Filed on 6/3/2021) (Entered: 06/03/2021)

#18

(#18) CERTIFICATION OF INTERESTED ENTITIES filed by Facebook, Inc. (Chorba, Christopher) (Filed on 6/3/2021) (Entered: 06/03/2021)

#17

(#17) NOTICE of Appearance by Christopher Chorba (Chorba, Christopher) (Filed on 6/3/2021) (Entered: 06/03/2021)

#16

(#16) Certificate of Interested Entities by Laura Perkinson, Nancy Urbanczyk, Kathleen Wilkinson (Logan, Todd) (Filed on 6/2/2021) (Entered: 06/02/2021)

#15

(#15) Order by Judge Vince Chhabria granting #14 Motion for Pro Hac Vice - Dayanim.(knmS, COURT STAFF) (Filed on 5/27/2021) (Entered: 05/27/2021)

14 #1

DC Bar Certificate of Good Standing

#14

(#14) MOTION for leave to appear in Pro Hac Vice by Behnam Dayanim ( Filing fee $ 317, receipt number 0971-15991974.) filed by Facebook, Inc.. (Attachments: #1 DC Bar Certificate of Good Standing)(Dayanim, Behnam) (Filed on 5/20/2021) (Entered: 05/20/2021)

#3

#Electronic filing error. Please update your ECF profiles to reflect your address change. Re: #3 Notice of Change of Address filed by Nancy Urbanczyk, Kathleen Wilkinson, L aura Perkinson (anjS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

1 #7

Civil Cover Sheet

1 #6

Exhibit 6 - (iPad Lodged with Court)

1 #5

Exhibit 5 - Declaration of Aida Glover

1 #4

Exhibit 4 - Declaration of Donna Reed

1 #3

Exhibit 3 - Declaration of Laura Perkinson

1 #2

Exhibit 2 - Declaration of Jan Saari

1 #1

Exhibit 1 - Declaration of Willa Moore

#1

(#1) COMPLAINT with Jury Demand against Facebook, Inc. ( Filing fee $ 402, receipt number 0971-15851294). Filed by Kathleen Wilkinson, Laura Perkinson, Nancy Urbanczyk. (Attachments: #1 Exhibit 1 - Declaration of Willa Moore, #2 Exhibit 2 - Declaration of Jan Saari, #3 Exhibit 3 - Declaration of Laura Perkinson, #4 Exhibit 4 - Declaration of Donna Reed, #5 Exhibit 5 - Declaration of Aida Glover, #6 Exhibit 6 - (iPad Lodged with Court), #7 Civil Cover Sheet)(Logan, Todd) (Filed on 4/16/2021) Modified on 4/19/2021 (anjS, COURT STAFF). (Entered: 04/16/2021)

18 More Documents Available
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Docket Entries

  • 06/04/2021
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  • Docket(#21) NOTICE of Appearance by Adrienne Liu (Liu, Adrienne) (Filed on 6/4/2021) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#20) NOTICE of Appearance by Timothy William Loose (Loose, Timothy) (Filed on 6/4/2021) (Entered: 06/04/2021)

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  • 06/03/2021
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  • Docket(#19) STIPULATION to Extend Time to Respond to Complaint filed by Facebook, Inc.. (Chorba, Christopher) (Filed on 6/3/2021) (Entered: 06/03/2021)

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  • 06/03/2021
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  • Docket(#18) CERTIFICATION OF INTERESTED ENTITIES filed by Facebook, Inc. (Chorba, Christopher) (Filed on 6/3/2021) (Entered: 06/03/2021)

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  • 06/03/2021
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  • Docket(#17) NOTICE of Appearance by Christopher Chorba (Chorba, Christopher) (Filed on 6/3/2021) (Entered: 06/03/2021)

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  • 06/02/2021
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  • Docket(#16) Certificate of Interested Entities by Laura Perkinson, Nancy Urbanczyk, Kathleen Wilkinson (Logan, Todd) (Filed on 6/2/2021) (Entered: 06/02/2021)

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  • 05/27/2021
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  • Docket(#15) Order by Judge Vince Chhabria granting #14 Motion for Pro Hac Vice - Dayanim.(knmS, COURT STAFF) (Filed on 5/27/2021) (Entered: 05/27/2021)

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  • 05/20/2021
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  • Docket(#14) MOTION for leave to appear in Pro Hac Vice by Behnam Dayanim ( Filing fee $ 317, receipt number 0971-15991974.) filed by Facebook, Inc.. (Attachments: #1 DC Bar Certificate of Good Standing)(Dayanim, Behnam) (Filed on 5/20/2021) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#13) NOTICE of Appearance by Andy M. LeGolvan (LeGolvan, Andy) (Filed on 5/20/2021) (Entered: 05/20/2021)

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  • 05/20/2021
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  • Docket(#12) NOTICE of Appearance by Sean David Unger (Unger, Sean) (Filed on 5/20/2021) (Entered: 05/20/2021)

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2 More Docket Entries
  • 04/20/2021
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  • Docket(#9) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Vince Chhabria 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 4/20/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 4/20/2021) (Entered: 04/20/2021)

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  • 04/19/2021
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  • Docket(#8) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/13/2021. Initial Case Management Conference set for 7/20/2021 01:30 PM in Oakland, - To be determined. (anjS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#7) Summons Issued as to Facebook, Inc.. (anjS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket#Electronic filing error. Please update your ECF profiles to reflect your address change. Re: #3 Notice of Change of Address filed by Nancy Urbanczyk, Kathleen Wilkinson, L aura Perkinson (anjS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
  • Docket(#6) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#5) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Laura Perkinson, Nancy Urbanczyk, Kathleen Wilkinson.. (Logan, Todd) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#4) Proposed Summons. (Logan, Todd) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
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  • Docket(#3) NOTICE of Change of Address by Todd M. Logan (Logan, Todd) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/19/2021
  • Docket(#2) 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 5/3/2021. (mbcS, COURT STAFF) (Filed on 4/19/2021) (Entered: 04/19/2021)

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  • 04/16/2021
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  • Docket(#1) COMPLAINT with Jury Demand against Facebook, Inc. ( Filing fee $ 402, receipt number 0971-15851294). Filed by Kathleen Wilkinson, Laura Perkinson, Nancy Urbanczyk. (Attachments: #1 Exhibit 1 - Declaration of Willa Moore, #2 Exhibit 2 - Declaration of Jan Saari, #3 Exhibit 3 - Declaration of Laura Perkinson, #4 Exhibit 4 - Declaration of Donna Reed, #5 Exhibit 5 - Declaration of Aida Glover, #6 Exhibit 6 - (iPad Lodged with Court), #7 Civil Cover Sheet)(Logan, Todd) (Filed on 4/16/2021) Modified on 4/19/2021 (anjS, COURT STAFF). (Entered: 04/16/2021)

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