B&I Secures Dismissal of California Privacy Class Action Complaint

On May 1, 2019, the U.S. District Court for the Northern District of California dismissed a putative class action filed against Brann & Isaacson client, NaviStone, Inc., and New Moosejaw, LLC. NaviStone, represented by David Bertoni, David Swetnam-Burland, and Eamonn Hart, had moved to dismiss the complaint based on the plaintiff’s lack of standing and because the complaint failed to state a valid claim for relief. In his dismissal order, U.S. District Judge Vince Chhabria agreed with NaviStone, granting the motion to dismiss for lack of standing because the plaintiff had “not alleged with enough specificity how his own privacy interests were invaded” by the alleged misconduct. Although the judge granted the plaintiff leave to amend his complaint for a second time, he noted that the plaintiff “has now been put on notice, from the defendants’ motions to dismiss, of other potential defects in his complaint. The next iteration will therefore presumably reflect [the plaintiff’s] best effort to state claims in terms of jurisdiction, timeliness, and substance.”

The case is Revitch v. New Moosejaw, LLC, et al., Case No. 3:18–cv–06827–VC.