[Proposed] Order 81 Request for Judicial Notice re 78 MOTION to Dismiss Plaintiffs'… — Plaid Privacy (Dkt. 82)

Summary

A proposed order granting defendant Plaid Inc.'s request for judicial notice supporting its motion to dismiss the consolidated amended complaint in In re Plaid Inc. Privacy Litigation, Master Docket No. 4:20-cv-03056-DMR, U.S. District Court for the Northern District of California, filed September 14, 2020 as Doc. 82. Under Federal Rule of Evidence 201, the order would take judicial notice of Plaid's End User Privacy Policy, Venmo's Privacy Policy, Cash App's Additional Cash Terms of Service – Annotated, Coinbase's Global Privacy Policy, and screenshots of connecting a bank account to Venmo using Plaid Link. It states that considering these documents is proper given the Consolidated Amended Complaint's (ECF No. 61) references to those apps and allegations of omissions in their privacy policies. The two-page proposed order carries the signature block of Magistrate Judge Donna M. Ryu.

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        Case 4:20-cv-03056-DMR     Document 82       Filed 09/14/20   Page 1 of 2


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8                             UNITED STATES DISTRICT COURT
9                           NORTHERN DISTRICT OF CALIFORNIA
10                                   OAKLAND DIVISION
11   IN RE PLAID INC. PRIVACY LITIGATION          Master Docket No. 4:20-cv-03056-DMR
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     ______________________________________       [PROPOSED] ORDER GRANTING
13                                                DEFENDANT PLAID INC.’S REQUEST
     THIS DOCUMENT RELATES TO:                    FOR JUDICIAL NOTICE IN SUPPORT OF
14                                                MOTION TO DISMISS PLAINTIFFS’
     ALL ACTIONS                                  CONSOLIDATED AMENDED COMPLAINT
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                                                  ORAL ARGUMENT REQUESTED
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                                                  Action Filed: May 4, 2020
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                                                  Judge: Hon. Donna M. Ryu
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        [PROPOSED] ORDER GRANTING DEFENDANT PLAID INC.’S REQUEST FOR JUDICIAL NOTICE IN
                SUPPORT OF MOTION TO DISMISS CONSOLIDATED AMENDED COMPLAINT
                             MASTER DOCKET NO. 4:20-CV-03056-DMR
         Case 4:20-cv-03056-DMR           Document 82        Filed 09/14/20     Page 2 of 2


1           Before the Court is Defendant’s Request for Judicial Notice in Support of Plaid Inc.’s Motion
2    to Dismiss Plaintiffs’ Consolidated Amended Complaint. Pursuant to Federal Rule of Evidence 201,
3    the Court hereby takes judicial notice of:
4           1. Plaid’s End User Privacy Policy.
5           2. Venmo’s Privacy Policy.
6           3. Cash App’s Additional Cash Terms of Service – Annotated.
7           4. Coinbase’s Global Privacy Policy.
8           5. Screenshots that show the consumer experience when connecting a bank account to
9    Venmo using Plaid Link.
10          The Court determines that it must take judicial notice because Defendant Plaid Inc.
11   “request[ed] it” and “supplied the [C]ourt with the necessary information” to determine that the
12   documents are “capable of accurate and ready determination by resort to sources whose accuracy
13   cannot reasonably be questioned.” Fed. R. Evid. 201. The Court’s consideration of these documents
14   is also proper in light of the Consolidated Amended Complaint’s (ECF No. 61) references to the
15   constituent apps listed above and allegations of omissions in their privacy policies. See Khoja v.
16   Orexigen Therapeutics, Inc., 899 F.3d 988, 998 (9th Cir. 2018); Tellabs, Inc. v. Makor Issues &
17   Rights, Ltd., 551 U.S. 308, 322 (2007) (“[C]ourts must consider the complaint in its entirety, as well
18   as other sources courts ordinarily examine when ruling on Rule 12(b)(6) motions to dismiss, in
19   particular, documents incorporated into the complaint by reference, and matters of which a court may
20   take judicial notice.”) (emphasis added). Therefore, the Court having considered the papers and the
21   relevant authorities, hereby GRANTS the motion.
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            IT IS SO ORDERED.
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24   DATE: ________________________                         ____________________________________
25                                                                      Hon. Donna M. Ryu
                                                                   United States Magistrate Judge
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                                                        2
         [PROPOSED] ORDER GRANTING DEFENDANT PLAID INC.’S REQUEST FOR JUDICIAL NOTICE IN
                 SUPPORT OF MOTION TO DISMISS CONSOLIDATED AMENDED COMPLAINT
                              MASTER DOCKET NO. 4:20-CV-03056-DMR


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