Case: Cole v. LinkedIn Corporation

Cole v. Linkedin Corporation

COMPLAINT (Class Action Complaint) against LinkedIn Corporation ( Filing fee $ 405, receipt number ACANDC-20305547.). Filed by Courtney Cole. (Attachments: # 1 Civil Cover Sheet)(Drury, Scott) (Filed on 2/3/2025) (Entered: 02/03/2025)

1 Civil Cover Sheet

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Proposed Summons. (Drury, Scott) (Filed on 2/3/2025) (Entered: 02/03/2025)

Civil Cover Sheet by Courtney Cole (Civil Cover Sheet - Corrected). (Drury, Scott) (Filed on 2/3/2025) (Entered: 02/03/2025)

Electronic Filing Error

Electronic filing error.Use Current Civil Cover Sheet. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: 1 Complaint filed by Courtney Cole (as, COURT STAFF) (Filed on 2/3/2025)

Case assigned to Magistrate Judge Nathanael M. Cousins. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/18/2025. (as, COURT STAFF) (Filed on 2/4/2025) (Entered: 02/04/2025)

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Courtney Cole.. (Drury, Scott) (Filed on 2/4/2025) (Entered: 02/04/2025)

~Util - Case Assigned by Intake

Summons Issued as to LinkedIn Corporation. (kam2, COURT STAFF) (Filed on 2/5/2025) (Entered: 02/05/2025)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/30/2025. Initial Case Management Conference set for 5/7/2025 10:00 AM in San Jose, - Videoconference Only. (kam2, COURT STAFF) (Filed on 2/5/2025) (Entered: 02/05/2025)

Certificate of Interested Entities by Courtney Cole (Drury, Scott) (Filed on 2/5/2025) (Entered: 02/05/2025)

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 a party has not consented to the jurisdiction of a Magistrate Judge.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 WILL 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. (lmh, COURT STAFF) (Filed on 2/5/2025) (Entered: 02/05/2025)

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge P. Casey Pitts for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to case, except for discovery purposes. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (Attachments: # 1 Notice of Eligibility for Video Recording)(smc, COURT STAFF) (Filed on 2/5/2025) (Entered: 02/05/2025)

Clerk's Notice of Impending Reassignment - Text Only

CLERK'S NOTICE RESETTING INITIAL CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 4/24/2025. Initial Case Management Conference set for 5/8/2025 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Filed on 2/6/2025) (Entered: 02/06/2025)

Clerk's Notice AND ~Util - Set Motion and Deadlines/Hearings

SUMMONS Returned Executed by Courtney Cole. LinkedIn Corporation served on 2/12/2025, answer due 3/5/2025. (Drury, Scott) (Filed on 2/12/2025) (Entered: 02/12/2025)

NOTICE of Appearance filed by Benjamin Berkowitz on behalf of LinkedIn Corporation (Berkowitz, Benjamin) (Filed on 2/28/2025) (Entered: 02/28/2025)

NOTICE of Appearance filed by Matan Shacham on behalf of LinkedIn Corporation (Shacham, Matan) (Filed on 2/28/2025) (Entered: 02/28/2025)

NOTICE of Appearance filed by Christina Lee on behalf of LinkedIn Corporation (Lee, Christina) (Filed on 2/28/2025) (Entered: 02/28/2025)

NOTICE of Appearance filed by Niall Mackay Roberts on behalf of LinkedIn Corporation (Roberts, Niall) (Filed on 2/28/2025) (Entered: 02/28/2025)

Corporate Disclosure Statement by LinkedIn Corporation identifying Corporate Parent Microsoft Corporation for LinkedIn Corporation. (Berkowitz, Benjamin) (Filed on 2/28/2025) (Entered: 02/28/2025)

STIPULATION Joint Stipulation Extending Defendant LinkedIn Corporation Time to Respond to Complaint filed by LinkedIn Corporation. (Berkowitz, Benjamin) (Filed on 2/28/2025) (Entered: 02/28/2025)

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

NOTICE of Appearance filed by Raisa Cramer on behalf of LinkedIn Corporation (Cramer, Raisa) (Filed on 4/3/2025) (Entered: 04/03/2025)

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

STIPULATION WITH PROPOSED ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANT LINKEDIN CORPORATIONS RESPONSE TO THE COMPLAINT filed by LinkedIn Corporation. (Berkowitz, Benjamin) (Filed on 4/4/2025) (Entered: 04/04/2025)

ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE filed by LinkedIn Corporation. Responses due by 4/8/2025. (Attachments: # 1 Declaration of Christina Lee, # 2 Proposed Order)(Berkowitz, Benjamin) (Filed on 4/4/2025) (Entered: 04/04/2025)

ORDER granting 20 Stipulation Setting Briefing Schedule. Signed by Judge P. Casey Pitts on 4/7/2025. (nmc, COURT STAFF) (Filed on 4/7/2025) (Entered: 04/07/2025)

OPPOSITION/RESPONSE (re 21 ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE ) (Plaintiff's Opposition to Defendant's Administrative Motion to Continue Case Management Conference) filed byCourtney Cole. (Attachments: # 1 Declaration of Scott R. Drury, # 2 Proposed Order)(Drury, Scott) (Filed on 4/7/2025) (Entered: 04/07/2025)

ORDERThe Court grants in part LinkedIn Corporation's administrative motion 21 . The Initial Case Management Conference is continued to May 29, 2025. The Court will consider if any further postponement is appropriate after LinkedIn Corporation's motion to dismiss has been filed. If plaintiff requires discovery prior to the parties' Rule 26(f) Conference, plaintiff should move for an order permitting such discovery pursuant to Rule 26(d)(1). Signed by Judge P. Casey Pitts on 4/11/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pcplc2, COURT STAFF) (Filed on 4/11/2025) (Entered: 04/11/2025)

Order on Administrative Motion per Civil Local Rule 7-11

Set Deadlines/Hearings

Set Deadlines/Hearings: Joint Case Management Statement due by 5/22/2025. Initial Case Management Conference set for 5/29/2025 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (nmc, COURT STAFF) (Filed on 4/11/2025)

ADMINISTRATIVE MOTION (Plaintiff's Administrative Motion for Limited Early Discovery) filed by Courtney Cole. Responses due by 4/22/2025. (Attachments: # 1 Declaration of Scott R. Druy, # 2 Proposed Order)(Drury, Scott) (Filed on 4/18/2025) (Entered: 04/18/2025)

MOTION to Dismiss filed by LinkedIn Corporation. Motion to Dismiss Hearing set for 7/17/2025 10:00 AM in San Jose, Courtroom 8, 4th Floor. Responses due by 5/16/2025. Replies due by 6/6/2025. (Attachments: # 1 Request for Judicial Notice in Support of Motion to Dismiss, # 2 Declaration of Raisa Cramer, # 3 Exhibit A to Cramer Declaration, # 4 Declaration of Jessica Liu, # 5 Exhibit A to Liu Declaration)(Berkowitz, Benjamin) (Filed on 4/18/2025) Modified on 4/23/2025 (kmg, COURT STAFF). (Entered: 04/18/2025)

OPPOSITION/RESPONSE (re 25 Plaintiff's Administrative Motion for Limited Early Discovery) ) filed by LinkedIn Corporation. (Attachments: # 1 Declaration of Matan Shacham, # 2 Exhibit A) (Berkowitz, Benjamin) (Filed on 4/22/2025) Modified on 4/23/2025 (kmg, COURT STAFF). (Entered: 04/22/2025)

ORDER Having considered plaintiff's motion 25 and defendant's opposition 27, plaintiff's administrative motion for limited early discovery is denied. Plaintiff may refile an administrative motion seeking a preservation order from this Court. Any such motion should address the following factors: (1) the level of concern the court has for the continuing existence and maintenance of the integrity of the evidence in question in the absence of an order directing preservation of the evidence; (2) any irreparable harm likely to result to the party seeking the preservation of the evidence absent an order directing preservation; and (3) the capability of an individual, entity, or party to maintain the evidence sought to be preserved. See, e.g., Bright Sols. for Dyslexia, Inc. v. Doe 1, No. 15-CV-01618-JSC, 2015 WL 5159125, at *2 (N.D. Cal. Sept. 2, 2015). Additionally, in light of defendant's motion to dismiss 26, the Initial Case Management Conference shall be further continued to October 16, 2025. Signed by Judge P. Casey Pitts on 4/23/2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pcplc2, COURT STAFF) (Filed on 4/23/2025) (Entered: 04/23/2025)

Order on Administrative Motion per Civil Local Rule 7-11

Set Deadlines/Hearings

Set Deadlines/Hearings: Joint Case Management Statement due by 10/9/2025. Initial Case Management Conference set for 10/16/2025 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (nmc, COURT STAFF) (Filed on 4/23/2025)

ADMINISTRATIVE MOTION for Preservation Order filed by Courtney Cole. Responses due by 5/12/2025. (Attachments: # 1 Declaration of Scott R. Drury, # 2 Proposed Order) (Drury, Scott) (Filed on 5/6/2025) Modified on 5/9/2025 (kmg, COURT STAFF). (Entered: 05/06/2025)

STIPULATION WITH [PROPOSED ORDER] Modifying Briefing Schedule on Defendant's Motion to Dismiss) filed by Courtney Cole. (Attachments: # 1 Declaration of Scott R. Drury)(Drury, Scott) (Filed on 5/7/2025) Modified on 5/9/2025 (kmg, COURT STAFF). (Entered: 05/07/2025)

ORDER granting *as modified* 30 Stipulation Modifying Briefing Schedule on Defendant's Motion to Dismiss. Signed by Judge P. Casey Pitts on 5/9/2025. Responses due by 5/20/2025. Replies due by 6/12/2025. Motion Hearing re 26 set for 7/31/2025 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (nmc, COURT STAFF) (Filed on 5/9/2025) (Entered: 05/09/2025)

OPPOSITION/RESPONSE (re 29 Administrative Motion(Plaintiff's Administrative Motion for Preservation Order) ) Defendant Linkedin Corporations Opposition to Plaintiff's Administrative Motion for Preservation Order filed by LinkedIn Corporation. (Attachments: # 1 Declaration of Christina Lee in Support of Defendant Linkedin Corporations Opposition to Plaintiffs Administrative Motion tor Preservation Order, # 2 Exhibit A to Declaration of Christina Lee in Support of Defendant Linkedin Corporations Opposition to Plaintiffs Administrative Motion tor Preservation Order) (Berkowitz, Benjamin) (Filed on 5/12/2025) Modified on 5/14/2025 (kmg, COURT STAFF). (Entered: 05/12/2025)

OPPOSITION/RESPONSE (re 26 MOTION to Dismiss ) (Memorandum of Points and Authorities in Opposition to Defendant LinkedIn Corporation's Motion to Dismiss) filed byCourtney Cole. (Attachments: # 1 Declaration of Jae Young Bang in Support of Plaintiff's Opposition to Motion to Dismiss, # 2 Plaintiff's Request for Judicial Notice in Support of Plaintiff's Opposition to Defendant's Motion to Dismiss, # 3 Declaration of Scott R. Drury in Support of Plaintiff's Request for Judicial Notice, # 4 Exhibit 1 to Drury Declaration, # 5 Exhibit 2 to Drury Declaration, # 6 Exhibit 3 to Drury Declaration, # 7 Exhibit 4 to Drury Declaration, # 8 Exhibit 5 to Drury Declaration, # 9 Exhibit 6 to Drury Declaration, # 10 Exhibit 7 to Drury Declaration)(Drury, Scott) (Filed on 5/20/2025) (Entered: 05/20/2025)

1 Declaration of Jae Young Bang in Support of Plaintiff's Opposition to Motio

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2 Plaintiff's Request for Judicial Notice in Support of Plaintiff's Opp

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3 Declaration of Scott R. Drury in Support of Plaintiff's Request for Judicia

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4 Exhibit 1 to Drury Declaration

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5 Exhibit 2 to Drury Declaration

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6 Exhibit 3 to Drury Declaration

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7 Exhibit 4 to Drury Declaration

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8 Exhibit 5 to Drury Declaration

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9 Exhibit 6 to Drury Declaration

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10 Exhibit 7 to Drury Declaration

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STIPULATION WITH PROPOSED ORDER JOINT STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON DEFENDANT LINKEDIN CORPORATIONS MOTION TO DISMISS filed by LinkedIn Corporation. (Berkowitz, Benjamin) (Filed on 6/6/2025) (Entered: 06/06/2025)

ORDER granting 34 Joint Stipulation Continuing Hearing on Defendant LinkedIn Corporation's Motion to Dismiss. Signed by Judge P. Casey Pitts on 6/6/2025. Motion Hearing re 26 set for 9/4/2025 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (nmc, COURT STAFF) (Filed on 6/6/2025) (Entered: 06/06/2025)

REPLY (re 26 MOTION to Dismiss ) DEFENDANT LINKEDIN CORPORATIONS REPLY IN SUPPORT OF MOTION TO DISMISS filed byLinkedIn Corporation. (Berkowitz, Benjamin) (Filed on 6/12/2025) (Entered: 06/12/2025)

MOTION for leave to appear in Pro Hac Vice Joshua D. Arisohn ( Filing fee $ 328, receipt number ACANDC-21002541.) filed by Courtney Cole. (Attachments: # 1 Certificate of Good Standing)(Arisohn, Joshua) (Filed on 8/12/2025) (Entered: 08/12/2025)

1 Certificate of Good Standing

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NOTICE of Appearance filed by Nithin Kumar on behalf of Courtney Cole (Kumar, Nithin) (Filed on 8/14/2025) (Entered: 08/14/2025)

ORDER granting 37 Motion for Pro Hac Vice as to attorney Joshua D. Arisohn. Signed by Judge P. Casey Pitts on 8/14/2025. (nmc, COURT STAFF) (Filed on 8/14/2025) (Entered: 08/14/2025)

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

ORDER granting *as modified* 29 Administrative Motion for Preservation Order. Signed by Judge P. Casey Pitts on 9/2/2025. (nmc, COURT STAFF) (Filed on 9/2/2025) (Entered: 09/02/2025)

Minute Entry for proceedings held before Judge P. Casey Pitts: Motion Hearing re 26 Motion to Dismiss held on 9/4/2025. Argument of counsel heard. Court takes matter under submission. Order to issue.Plaintiff's Attorney: Joshua Arisohn. Defendant's Attorneys: Benjamin Berkowitz, Christina Lee, Matan Shacham. Total Time in Court: 1:11 (10:10-11:21 AM). Court Reporter: Summer Fisher. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT STAFF) (Date Filed: 9/4/2025) (Entered: 09/04/2025)

TRANSCRIPT ORDER for proceedings held on 09/04/2025 before Judge P. Casey Pitts by LinkedIn Corporation, for Court Reporter Summer Fisher. (Frizzell, Niall) (Filed on 9/4/2025) (Entered: 09/04/2025)

1 - Terminate Hearings AND Motion Hearing

Transcript of Proceedings held on 09/04/2025, before Judge P. Casey Pitts. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov, 408-763-0563. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 42 Transcript Order ) Redaction Request due 9/26/2025. Redacted Transcript Deadline set for 10/6/2025. Release of Transcript Restriction set for 12/4/2025. (Related documents(s) 42 ) (Fisher, Summer) (Filed on 9/5/2025) (Entered: 09/05/2025)

STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference filed by LinkedIn Corporation. (Attachments: # 1 Declaration of Raisa Cramer)(Frizzell, Niall) (Filed on 9/12/2025) (Entered: 09/12/2025)

ORDER granting *as modified* 44 Stipulation to Continue Case Management Conference. Signed by Judge P. Casey Pitts on 9/15/2025. Joint Case Management Statement due by 11/13/2025. Initial Case Management Conference set for 11/20/2025 at 01:00 PM in San Jose, Courtroom 8, 4th Floor. (nmc, COURT STAFF) (Filed on 9/15/2025) (Entered: 09/15/2025)

ADMINISTRATIVE MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE filed by LinkedIn Corporation. Responses due by 10/20/2025. (Attachments: # 1 Declaration of Raisa M. Cramer in Support of Unopposed Administrative Motion to Continue Case Management Conference, # 2 Proposed Order Granting Unopposed Administrative Motion to Continue Case Management Conference)(Cramer, Raisa) (Filed on 10/16/2025) (Entered: 10/16/2025)

ORDER denying 26 Motion to Dismiss. Signed by Judge P. Casey Pitts on 10/20/2025. (nmc, COURT STAFF) (Filed on 10/20/2025)

TEXT-ONLY ORDER.Defendant's administrative motion to continue the case management conference and to amend the case schedule, Dkt. No. 46, is DENIED. The case management conference set for November 20, 2025 shall proceed as scheduled, and all associated deadlines shall remain in place. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pcplc3, COURT STAFF) (Filed on 10/20/2025) (Entered: 10/20/2025)

Order

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Berkowitz, Benjamin) (Filed on 10/23/2025) (Entered: 10/23/2025)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Drury, Scott) (Filed on 10/23/2025) (Entered: 10/23/2025)

STIPULATION EXTENDING TIME TO RESPOND TO COMPLAINT filed by LinkedIn Corporation. (Berkowitz, Benjamin) (Filed on 10/23/2025) (Entered: 10/23/2025)

NOTICE of Voluntary Dismissal by Courtney Cole (Arisohn, Joshua) (Filed on 11/4/2025) (Entered: 11/04/2025)

Terminate Civil Case