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Second Amended Class Action Complaint — Ryan Keller v. Automattic Inc. (Northern District of California)

Summary

A Second Amended Class Action Complaint in Keller and Schanzer v. Automattic Inc. and Matthew Charles Mullenweg, No. 3:25-cv-01892-AMO, in the U.S. District Court for the Northern District of California, Document 57, filed January 15, 2026. The plaintiffs sue on behalf of their businesses and a putative class and allege that the defendants disrupted access of websites hosted by WPEngine to the WordPress.org repository. The complaint alleges that the defendants began blocking WPEngine's access at least as early as September 24, 2024, and blocked it again on October 1, 2024. The prayer for relief asks for compensatory, consequential and general damages, statutory or punitive damages, disgorgement and restitution, fees and costs, and a jury trial is demanded.

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Cite this document

“Second Amended Class Action Complaint — Ryan Keller v. Automattic Inc. (Northern District of California).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/57-second-amended-class-action-complaint-against-automattic-inc-0032f49393/, SHA-256 3f9302bb6c739f9fe3f57b450fc45cad06c960083bf3e23de8ad2cb645be683c.

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                                        Case 3:25-cv-01892-AMO          Document 57       Filed 01/15/26   Page 1 of 42



                                       SCHUBERT JONCKHEER & KOLBE LLP
                                   1   ROBERT C. SCHUBERT (S.B.N. 62684)
                                   2   rschubert@sjk.law
                                       AMBER L. SCHUBERT (S.B.N. 278696)
                                   3   aschubert@sjk.law
                                       DANIEL L.M. PULGRAM (S.B.N. 354569)
                                   4   dpulgram@sjk.law
                                       2001 Union Street, Suite 200
                                   5   San Francisco, California 94123
                                   6   Telephone: (415) 788-4220

                                   7   TYCKO & ZAVAREEI LLP
                                       SABITA J. SONEJI (S.B.N. 224262)
                                   8   ssoneji@tzlegal.com
                                       1970 Broadway, Suite 1070
                                   9   Oakland, California 94612

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   Telephone: (510) 254-6808

                                  11
   2001 Union Street, Suite 200
                                       Counsel for Plaintiffs
                                  12


    San Francisco, CA 94123
                                  13
                                                                    UNITED STATES DISTRICT COURT
                                  14                          FOR THE NORTHERN DISTRICT OF CALIFORNIA

         (415) 788-4220           15
                                        RYAN KELLER and SHARON SCHANZER,
                                  16    individually and on behalf of their businesses,
                                        KELLER HOLDINGS LLC (DBA
                                  17    SecureSight) and RLDGROUP, and on behalf
                                        of all others similarly situated,                 No. 3:25-cv-01892-AMO
                                  18
                                                Plaintiffs,                               SECOND AMENDED CLASS
                                  19                                                      ACTION COMPLAINT
                                        v.
                                                                                          JURY TRIAL DEMANDED
                                  20    AUTOMATTIC INC., a Delaware corporation,
                                        and MATTHEW CHARLES MULLENWEG,
                                  21    an individual,
                                  22            Defendants.
                                  23

                                  24
                                              Plaintiff Ryan Keller and Plaintiff Sharon Schanzer (“Plaintiffs”), on behalf of their
                                  25
                                       businesses, Keller Holdings LLC and RLDGROUP, and on behalf of all others similarly situated,
                                  26
                                       by and through counsel, bring this action against Automattic Inc. (“Automattic”) and Matthew
                                  27
                                       Charles Mullenweg (“Mullenweg”) (collectively “Defendants”). Plaintiffs’ allegations herein are
                                  28
                                       Second Amended Class Action Complaint                                                       1
                                           Case 3:25-cv-01892-AMO        Document 57        Filed 01/15/26      Page 2 of 42



                                   1   based upon personal knowledge as to their own acts, and based upon their investigation, their

                                   2   counsels’ investigation, and information and belief as to all other matters.

                                   3                                       SUMMARY OF ACTION

                                   4           1.     This case involves Defendants’ deliberate abuse of their power and control over the

                                   5   WordPress ecosystem to purposefully, deliberately, and repeatedly disrupt contracts between

                                   6   Plaintiffs and the putative class, and the third-party business WPEngine Incorporated (“WPEngine”

                                   7   or “WPE”). Seeking to injure WPE and resolve a purported dispute between Defendants and WPE,

                                   8   Defendants intentionally disrupted Plaintiffs’ and class members websites’ access to the necessary

                                   9   core open-source WordPress repository because Defendants knew the websites were hosted by

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                                  10   WPE. Indeed, Defendants publicly and repeatedly bragged about how their interference has so

                                  11   degraded WPE’s services that they were causing customers, like Plaintiffs, to no longer be able to

   2001 Union Street, Suite 200   12   use WPE. Defendants’ interference has sent shockwaves throughout the global WordPress


    San Francisco, CA 94123
                                  13   ecosystem and has harmed hundreds of thousands customers whose websites were hosted by WPE,

                                  14   including Plaintiffs and the Class. In fact, Defendants have maintained a website, WP Engine

         (415) 788-4220           15   Tracker, that publicly shows how many WPEngine customers have left WPEngine since

                                  16   Defendants started engaging in their unlawful conduct—demonstrating Defendants’ knowing and

                                  17   intentional conduct targeted to WPEngine’s customers, including Plaintiffs and Class Members.1

                                  18           2.     Understanding the nature of the WordPress open-source software and the

                                  19   relationship between Plaintiffs, WPE, and Defendants is critical to evaluating the merits of this

                                  20   action. WordPress is a massively successful free open-source web content management system,

                                  21   which allows individuals and businesses to create and build their own websites. WordPress

                                  22   maintains at least 54,000 plugins (“Plugins”), 11,000 themes, and unlimited layout customization

                                  23   options, which allow website developers and operators significant freedom of choice and

                                  24   customization when building and operating a website.2 WordPress is the world’s most widely used

                                  25

                                  26   1 See https://wordpressenginetracker.com/ (last accessed, May 23, 2025).
                                       2 See https://barn2.com/blog/wordpress-market-share . (last accessed May 23, 2025). As noted
                                  27   below, WordPress’s own statements show they maintain at least 54,000 plugins while the foregoing
                                  28   article quotes a higher figure.
                                       Second Amended Class Action Complaint                                                       2
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                                   1   website-building software and powers more than 40% of all websites on the internet. WordPress

                                   2   software has long been publicly promised as free and available to all, in perpetuity.

                                   3          3.      One of the reasons for the massive success of WordPress has been the WordPress

                                   4   community, which consists of, among others, volunteers worldwide who are constantly creating,

                                   5   maintaining, and updating WordPress software and fixing security issues, as well as developing

                                   6   and updating innumerable tools, some known as Plugins,3 to aid website developers with building

                                   7   and updating numerous aspects of their websites. The WordPress plugins, themes, and software

                                   8   that website developers and operators rely on to build and allow their websites to continue to

                                   9   function are automatically updated from a central repository at the WordPress.org website. The use

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                                  10   of the WordPress.org website as the central repository for these tens of thousands of Plugins, tools,

                                  11   and themes, including continuous updates of those Plugins, tools, and themes, is hard-coded into

   2001 Union Street, Suite 200   12   the WordPress core open-source software. In other words, when a developer uses WordPress source


    San Francisco, CA 94123
                                  13   code, Plugins, or other tools, updates are automatically applied to those features for all users when

                                  14   the central repository is updated.

         (415) 788-4220           15          4.      The WordPress source code was originally owned and/or controlled by Defendant

                                  16   Mullenweg’s for-profit company, Defendant Automattic. However, in 2010, Defendants

                                  17   represented that the source code would be transferred to the nonprofit WordPress Foundation

                                  18   (created by Mullenweg), which would ensure free and open access for all. Prior to September 2024,

                                  19   it was widely understood that the WordPress.org website was controlled by the non-profit

                                  20   WordPress Foundation. However, Mullenweg has recently claimed that the WordPress.org website

                                  21   is his own personal website which he can exclusively control as he sees fit.4

                                  22          5.      Creating a website from scratch using WordPress software can be time-consuming

                                  23   and requires technical skill. This means that the average individual or business owner may not have

                                  24   3 Per WordPress, a Plugin is a package of code that extends the core functionality of WordPress.

                                  25   Plugins        extend         the       functionality        of         a       website.         See
                                       https://developer.wordpress.org/plugins/intro/what-is-a-plugin/ (last accessed May 23, 2025). For
                                  26   example, a Plugin could be used to automatically display links to the top ten most recent posts on a
                                       website or allow individuals to book appointments online.
                                  27   4 According to reports, Automattic has an entire division dedicated to the wordpress.org website. It

                                  28   is unclear who funds wordpress.org’s infrastructure.
                                       Second Amended Class Action Complaint                                                           3
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                                   1   the time or know-how to use, or learn how to use, WordPress software. As a result, numerous for-

                                   2   profit companies now offer web hosting platforms for WordPress. These companies offer tools that

                                   3   streamline and help manage the process of building or maintaining a website built with WordPress

                                   4   software for businesses and individuals who wish to create websites, such as Plaintiffs. Some of

                                   5   these WordPress platform-hosting companies, such as WordPress.com and Pressable, are owned or

                                   6   controlled by Defendants Mullenweg and Automattic, while others, such as WPE, are independent.

                                   7          6.     In September 2024, Defendants initiated a self-described campaign of “nuclear war”

                                   8   against their competitor, WPE. Defendants elected to strike at WPE by crippling the ability for

                                   9   WPE customer websites, like those operated by Plaintiffs, to access the WordPress repository. The

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                                  10   fallout from this strike would leave hundreds of thousands of WPE customer websites, who were

                                  11   paying WPE for WordPress hosting services, without access to core WordPress functionality. In

   2001 Union Street, Suite 200   12   Defendant Mullenweg’s own words: “people are paying 400 million dollars to WPEngine that


    San Francisco, CA 94123
                                  13   promises them security, updates, hosting, et cetera. So they were selling the free stuff on

                                  14   WordPress.org to their customers. And then when we turned them off, they got mad.”5

         (415) 788-4220           15          7.     Mullenweg knew and publicly admitted people paid “400 million dollars to

                                  16   WPEngine” in exchange for contractual promises of “security, updates, hosting, et cetera.” And

                                  17   Mullenweg explained that when “we turned them off,” customers “got mad.” Defendants’ campaign

                                  18   of “nuclear war” against WPE was predicated on their understanding that WPE promised customers

                                  19   “security, updates, hosting, et cetera” and belief WPE’s customers would have their websites

                                  20   disrupted when Defendants “turned off” those same contractually required services.

                                  21          8.     As part of this campaign of “nuclear war,” Defendants blocked WPE’s access to the

                                  22   WordPress.org repository including software updates and patches, security updates, and Plugins

                                  23   starting at least as early as September 24, 2024. This action was temporarily rescinded to allow

                                  24   WPE to mirror certain data on the WordPress.org website on September 28, 2024, following which

                                  25   Defendants permanently blocked access again three days later, October 1, 2024. Plaintiffs are not

                                  26

                                  27   5 See https://www.youtube.com/watch?v=f15Xn23Mytg&t=3474s (Last Accessed January 13,

                                  28         2026)
                                       Second Amended Class Action Complaint                                                        4
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                                   1   aware of any remotely comparable event where access to the central WordPress.org repository was

                                   2   permanently blocked.

                                   3           9.      Plaintiffs and the class have suffered harm due to their websites’ inability to access

                                   4   the repository because Plaintiffs and the class contracted with WPE for managed WordPress web

                                   5   hosting services. WordPress software is hard-coded to draw exclusively upon the WordPress.org

                                   6   repository for auto-updates, and use of WordPress.org is crucial for the efficient and effective use

                                   7   of the plugins, themes, updates, and patches needed for effective website creation, development,

                                   8   and maintenance for websites built using WordPress software, code, and tools. Although some

                                   9   partial workarounds exist, they are time consuming, less secure, and require high levels of expertise

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                                  10   to implement, which is precisely what Plaintiffs sought to avoid when they purchased WPE hosting

                                  11   services in the first place.

   2001 Union Street, Suite 200   12           10.     Plaintiffs also use WPE hosting services to create and maintain websites for


    San Francisco, CA 94123
                                  13   Plaintiffs’ own clients. By deliberately creating and engendering uncertainty in the managed web-

                                  14   host marketplace and seeking to portray WPE as distressed, as well as by actively damaging and

         (415) 788-4220           15   degrading WPE hosting services, Defendants undermined Plaintiffs’ relationships with their

                                  16   existing clients, their prospective relationship with those clients, and their prospective relationship

                                  17   with future clients. For example, one of Plaintiff Schanzer’s clients, a small newspaper, was

                                  18   significantly impacted by Defendants’ disruption of WPE’s services and Plaintiff Schanzer had to

                                  19   charge them only half the normal amount in an effort to recover the relationship. Plaintiff Keller

                                  20   also had a client who was considering purchasing additional services from him, but elected not to

                                  21   do so after Plaintiff Keller warned them about the WPE disruption.

                                  22           11.     Defendants have no justifiable reason for interfering in the contracts between

                                  23   Plaintiffs and WPE, or between Plaintiffs and their clients, and indeed they are actively seeking to

                                  24   capitalize on the disruption they themselves caused. Both WordPress.com and Pressable, web-

                                  25   hosting platforms owned by Defendants which compete with WPE, have been running major

                                  26   advertising campaigns offering to buy out WPE customers, including advertising that their products

                                  27   have better “performance, security, and support.” These advertising campaigns started immediately

                                  28
                                       Second Amended Class Action Complaint                                                              5
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                                   1   after Defendants blocked WordPress.org services from WPE, which caused decreased performance

                                   2   of WPE customer websites, security issues due to no longer having access to the central repository,

                                   3   and limited the website support that WPE could offer its customers due to being cut off from the

                                   4   central repository. Indeed, these advertising campaigns seek to capitalize on Defendants’ deliberate

                                   5   disruption of WPE services and remain ongoing.6

                                   6          12.     Moreover, Defendants have utilized their position and access to WordPress core

                                   7   systems to, on or about November 7, 2024, publish a list of WPE customers and their websites,

                                   8   including websites owned by Plaintiffs. On December 10, 2024, this Court issued an injunction

                                   9   ordering Defendants to take down this list of websites, including those of Plaintiffs. See Case No.

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                                  10   24-cv-06917-AMO Dkt. No. 17.

                                  11          13.     Specifically, on or about November 7, 2024, Defendants published a list of at least

   2001 Union Street, Suite 200   12   842,515 websites at https://wordpressenginetracker.com (operated through githhub repository at


    San Francisco, CA 94123
                                  13   https://github.com/wordpressenginetracker/wordpressenginetracker.github.io) that used WPE for

                                  14   website hosting services. Defendants represented this list of websites comprised “all sites ready for

         (415) 788-4220           15   a new home.” On information and belief, the tracking file included all or substantially all websites

                                  16   that Defendants tortiously interfered with. Crucially, all but one of the websites operated by

                                  17   Plaintiffs that used WPE’s services was included on this list.7

                                  18          14.     Defendants created and maintained this list of WPE customers, including all

                                  19   websites owned and operated by Plaintiffs, at least as early as September 21, 2024. Every version

                                  20   of the https://wordpressenginetracker.com website, including the one currently active as of January

                                  21   15, 2026, included a list identifying “the number of websites that have left WPEngine and found a

                                  22   new home since Sep 21, 2024.” Defendants described this list as “sites ready for a new home” for

                                  23   the purpose of identifying WPE customers so they could be targeted and poached to leave WPE. In

                                  24

                                  25

                                  26
                                       6 See https://pressable.com/wpe-contract-buyout/ (last accessed May 23, 2025).
                                  27   7 Indeed this Court has already stated that at the domains.csv file is “the purported list of

                                  28         WPEngine customers.” (Case No. 24-cv-06917-AMO Dkt. No. 64 at 41 line 18)
                                       Second Amended Class Action Complaint                                                            6
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                                   1   the immediate aftermath of the publication of this list, numerous customers complained online

                                   2   about suddenly receiving unsolicited hosting calls.8

                                   3          15.     Indeed, the customer list published by Defendant was so accurate, they identified

                                   4   the specific number of websites they claimed left WPE for every day after September 20, 2024. On

                                   5   information and belief, Defendants published a daily list showing the number of websites that left

                                   6   WPE each day after September 20, 2024 because they created, and were updating, their

                                   7   comprehensive WPE customer list at least daily at least as early as that date. As of the date of filing

                                   8   (January 15, 2026), Defendants continue to maintain and promulgate a list of the websites they

                                   9   claim have left WPE, after and likely as a result of their interference, for alternate web-hosting

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                                  10   services day-by-day and even minute-by-minute.

                                  11          16.     Defendants’ published list demonstrates that they had knowledge of Plaintiffs’ and

   2001 Union Street, Suite 200   12   Class Members’ websites, that those websites were hosted using WPE’s services pursuant to WPE’s


    San Francisco, CA 94123
                                  13   contracts with its customers, and that Defendants sought to target these WPE customers for their

                                  14   own financial benefit. Defendants’ poaching campaign was bolstered by its active attempts to

         (415) 788-4220           15   disrupt those same customers’ contracted-for services with WPE by blocking access to the Plugins,

                                  16   themes, and tools necessary to host their websites.

                                  17          17.     In addition to deliberately disrupting Plaintiffs’ and class members’ contracts with

                                  18   WPE, Defendants, and in particular Mullenweg, have made numerous public statements

                                  19   disparaging WPE and attempting to influence Plaintiffs and Class Member to not contract for

                                  20   WPE’s services (and instead to contract with Defendants for their web hosting services). For

                                  21   example, in an October 2, 2024 X (formerly Twitter) post, Mullenweg called WPE a “distressed

                                  22   asset” and attempted to dissuade a potential WPE customer from contracting with WPE Exhibit

                                  23   2(c). Mullenweg neglected to mention that the distress was entirely a function of Defendants’

                                  24   actions.

                                  25          18.     As a result of Defendants’ deliberate tortious interference and unfair competition,

                                  26   Plaintiffs face an impossible situation—they must either accept a fundamentally degraded and less

                                  27   8 See e.g. the Reddit thread at:

                                  28         https://www.reddit.com/r/Wordpress/comments/1grbwr4/comment/lx5a4bd/
                                       Second Amended Class Action Complaint                                                              7
                                        Case 3:25-cv-01892-AMO          Document 57       Filed 01/15/26      Page 8 of 42



                                   1   stable service from WPE than originally agreed on and contracted for or must take considerable

                                   2   time, effort, and expense to migrate their websites to new web platforms. Plaintiffs and Class

                                   3   Members were harmed when Defendants targeted and disrupted their contracts. This instability and

                                   4   perceived risk of using WPE’s services has decreased the value of these contracted-for services.

                                   5          19.     Plaintiffs, individually and on behalf of a nationwide class, allege claims of (1)

                                   6   Intentional Interference with Contractual Relations (2) Intentional Interference with Prospective

                                   7   Economic Relations; and (3) violation of California’s Unfair Competition Law (Cal. Civ. Code §§

                                   8   17200, et seq.).

                                   9                                              PARTIES

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                                  10   Plaintiffs

                                  11          20.     Plaintiff Ryan Konrad Keller is a citizen and resident of Broadview Heights, Ohio.

   2001 Union Street, Suite 200   12   He brings this action individually and on behalf of his company, Keller Holdings LLC, and on


    San Francisco, CA 94123
                                  13   behalf of all others similarly situated. His small business uses WPEngine to create, maintain, and

                                  14   update his business website and it has been impacted by the WordPress service disruption. His

         (415) 788-4220           15   business operates by creating websites for companies and individuals using WPEngine services.

                                  16          21.     Plaintiff Sharon Schanzer is a citizen and resident of New York City, New York.

                                  17   She brings this action individual and on behalf of her company, RLDGROUP, and on behalf of all

                                  18   others similarly situated. Ms. Schanzer is a small business owner whose business operates by

                                  19   creating, maintaining, and updating the websites of her customers. All her customers’ WordPress

                                  20   websites are built on WPEngine, and Ms. Schanzer does not build WordPress websites using other

                                  21   web hosting platforms because she believes WPEngine to be the best product in the marketplace.

                                  22   Defendants

                                  23          22.     Defendant Automattic is a Delaware corporation with its principal place of business

                                  24   in San Francisco, California. Automattic owns and operates several for-profit businesses in the

                                  25   WordPress ecosystem including WordPress.com, WordPress VIP, and Pressable.com, as well as

                                  26   WooCommerce, Inc. (an ecommerce tool).

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                          8
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                                   1          23.     Defendant Matthew Charles Mullenweg is also the CEO and President of

                                   2   Automattic and purports to own a controlling share of Automattic (84%).9 Based on his own

                                   3   statements, Mullenweg directs and controls the business operations of Automattic and speaks on

                                   4   behalf of Automattic. For example, on April 2, 2025, Mullenweg delivered a message to the

                                   5   employees of Automattic about a restructuring starting the message “I have had to make difficult

                                   6   decisions to protect Automattic’s long-term future. This post will outline why the changes are

                                   7   happening and the next steps in our organization restructuring.”10 Mullenweg has substantial

                                   8   contacts in California due to being CEO and President of Automattic and the founding director of

                                   9   the WordPress Foundation, a California nonprofit public benefit corporation.

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                                  10          24.     At all relevant times, except as may be otherwise indicated, Defendants were jointly

                                  11   engaged in the wrongful acts alleged herein. Defendant Mullenweg was acting wrongfully on behalf

   2001 Union Street, Suite 200   12   of his company and in order to enrich himself, and Automattic was acting at his direction and for


    San Francisco, CA 94123
                                  13   his benefit. Both parties jointly engaged in the wrongful acts alleged and are jointly liable.

                                  14                                    JURISDICTION AND VENUE

         (415) 788-4220           15          25.     This Court has subject matter jurisdiction and diversity jurisdiction over this action

                                  16   under the Class Action Fairness Act, 28 U.S.C. § 1332(d)(2). The amount in controversy exceeds

                                  17   $5 million, exclusive of interest and costs. The class contains more than 100 members (indeed, it

                                  18   contains at least tens of thousands of members), and many of these members, including Plaintiffs,

                                  19   have citizenship diverse from Defendants. This Court also has supplemental jurisdiction pursuant

                                  20   to 28 U.S.C. § 1367(a) because all claims alleged herein form part of the case in controversy.

                                  21          26.     The exercise of personal jurisdiction over Defendants is appropriate. Jurisdiction

                                  22   over Defendant Automattic is appropriate because Automattic has its principal place of business

                                  23   within this district, regularly conducts business in this district, and the claims at issue arise in

                                  24
                                       9 See https://techcrunch.com/2024/10/30/matt-mullenweg-talks-about-automattics-staffing-issues-
                                  25
                                       and-financials-at-techcrunch-disrupt/?guccounter=1 (last accessed May 23, 2025).
                                  26   10 Automattic, Restructuring Announcement, Automattic Company News,

                                       https://automattic.com/2025/04/02/restructuring-
                                  27   announcement/#:~:text=Earlier%20today%2C%20CEO%20Matt%20Mullenweg,and%20those%2
                                  28   0leaving%2C%20are%20supported (last accessed May 23, 2025).
                                       Second Amended Class Action Complaint                                            9
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                                   1   substantial part out of its activities in this district. Jurisdiction over Defendant Mullenweg is

                                   2   appropriate because he is the CEO and President of Automattic, which is based in this District.

                                   3            27.      Venue is proper in this District under 28 U.S.C. §§ 1391(b)(2), and 1391(c)(1) and

                                   4   (2) because Defendant Automattic resides in this district and Defendant Mullenweg has substantial

                                   5   and routine relevant contacts in this district.

                                   6            28.      Divisional Assignment: This action arises in the City and County of San Francisco,

                                   7   in that a substantial part of the events that give rise to the claims asserted herein occurred in the

                                   8   City and County of San Francisco, where Defendants reside. Pursuant to L.R. 3-2(d), all civil

                                   9   actions that arise in San Francisco shall be assigned to the San Francisco or Oakland Division.

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                                  10                                        FACTUAL ALLEGATIONS

                                  11       I.         Background – The WordPress Ecosystem

   2001 Union Street, Suite 200   12            29.      WordPress is a major pillar of the internet and is the single largest website building


    San Francisco, CA 94123
                                  13   software. Its open-source free software is at the core of millions of websites worldwide.

                                  14            30.      The WordPress open-source code is theoretically administered by the WordPress

         (415) 788-4220           15   Foundation. The Foundation is a nonprofit organization charged with maintaining the WordPress

                                  16   code and ecosystem. According to its website, “[t]he point of the foundation is to ensure free access,

                                  17   in perpetuity, to the software projects we support.”11

                                  18            31.      Due to its promise of free access for everyone in perpetuity and opensource ideals

                                  19   and transparency, WordPress has exploded in popularity. Since its founding in 2010, it has grown

                                  20   to power. By its own estimates, more than 40% of all websites in the world use WordPress.

                                  21            32.      The software operates on a modular architecture comprising three primary

                                  22   components: the core WordPress software, themes that govern the visual appearance, and plugins

                                  23   that add functionality, including contact forms, shopping carts, security features, and search engine

                                  24   optimization. When a business purchases managed WordPress hosting services, such as those

                                  25   offered by WPE, they are purchasing not merely server space, but access to an integrated ecosystem

                                  26   that depends on continuous communication with WordPress.org for updates, security patches, and

                                  27
                                       11 https://wordpressfoundation.org/ (last accessed May 23, 2025).
                                  28
                                       Second Amended Class Action Complaint                                                              10
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                                   1   new    functionality.   (WPE      SAC      ¶¶     36-38;   WordPress     Developer      Documentation,

                                   2   https://developer.wordpress.org/.) One of the greatest attractions of WordPress is this “ecosystem.”

                                   3   Because WordPress is free and open source, it has attracted innumerable programmers and

                                   4   engineers who combine efforts to improve or utilize the service. As a result, WordPress boasts that

                                   5   it has over 54,000 freely available Plugins available for use in its repository.12

                                   6          33.     Examination         of       the      WordPress         source        code    repository

                                   7   (github.com/WordPress/wordpress-develop) reveals that the WordPress software contains at least

                                   8   15 distinct hardcoded API endpoints pointing to api.wordpress.org and related subdomains. These

                                   9   references are not configurable settings that a hosting provider or website owner can modify; they

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                                  10   are permanent URLs embedded as string literals in the PHP source code. For example, in the file

                                  11   wp-includes/update.php, the function wp_update_plugins() contains the following hardcoded

   2001 Union Street, Suite 200   12   endpoint:


    San Francisco, CA 94123
                                  13                      $url = 'https://api.wordpress.org/plugins/update-check/1.1/';

                                  14   Similarly, the function wp_version_check() in the same file contains:

         (415) 788-4220           15                      $url = 'https://api.wordpress.org/core/version-check/1.7/?' .
                                                          http_build_query( $query, '', '&' );
                                  16

                                  17          34.     There is no configuration file, database setting, or filter hook that allows site

                                  18   administrators or hosting providers to redirect these API calls to alternative servers. When

                                  19   Defendants blocked WPE's access to WordPress.org, they simultaneously severed these hardcoded

                                  20   communication pathways for every WPE customer. (WordPress Core Source Code, wp-

                                  21   includes/update.php;                    WordPress                Developer                  Reference,

                                  22   https://developer.wordpress.org/reference/functions/wp_update_plugins/.)

                                  23          35.     The WordPress core software includes explicit error messaging that confirms the

                                  24   software was designed with the expectation that WordPress.org would always be accessible. The

                                  25   source code in wp-includes/update.php contains the following error messages that appear when

                                  26   WordPress.org cannot be reached:

                                  27
                                       12 https://wordpressfoundation.org/projects/ (last accessed May 23, 2025).
                                  28
                                       Second Amended Class Action Complaint                                                             11
                                       Case 3:25-cv-01892-AMO           Document 57          Filed 01/15/26    Page 12 of 42



                                   1                      __( 'An unexpected error occurred. Something may be wrong with
                                                          WordPress.org or this server's configuration. If you continue to have problems,
                                   2                      please try the support forums.' )
                                   3                      __( '(WordPress could not establish a secure connection to WordPress.org.
                                                          Please contact your server administrator.)' )
                                   4

                                   5          36.     These    error   messages     appear     in   multiple   core   functions   including

                                   6   wp_version_check(), wp_update_plugins(), wp_update_themes(), and plugins_api(). The existence

                                   7   of these messages demonstrates that WordPress developers did not anticipate a scenario in which a

                                   8   hosting provider’s entire customer base would be deliberately denied access to WordPress.org.

                                   9   WPE customers who encountered these error messages during the blocking period were

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   experiencing the direct technical consequences of Defendants’ actions. (WordPress Core Source

                                  11   Code, wp-includes/update.php.)

   2001 Union Street, Suite 200   12          37.     Due to the huge number of available Plugins and themes in the WordPress


    San Francisco, CA 94123
                                  13   repository, websites operated using WordPress Plugins and code are highly customizable with

                                  14   various tools that serve different purposes depending on individual needs. Free access to these tens

         (415) 788-4220           15   of thousands of tools is a major element of the attraction of WordPress software and a major element

                                  16   of its staying power. Moreover, Plugins and themes not only enable enhanced website functionality

                                  17   and capacity, but they are also essential for website administration, security, and updates.

                                  18          38.     The WordPress source code and repository is stored on the WordPress.org website.

                                  19   Plugins are stored, categorized, and reviewed in the repository, and the core WordPress software

                                  20   includes more than 1,500 callbacks to the WordPress.org website for functionality, updates, and

                                  21   patches. Access to WordPress.org is essential for the use of WordPress software and the efficient

                                  22   and effective use of the Plugins, updates, and patches needed for effective website creation and

                                  23   development in the WordPress ecosystem.

                                  24          39.     For years it was widely understood that WordPress.org was controlled by the

                                  25   WordPress Foundation. However, Mullenweg recently revealed that he controls WordPress.org as

                                  26   his own personal website.13 This alarmed many WordPress contributors who believed they were

                                  27   13 See https://www.theverge.com/2024/10/4/24262232/matt-mullenweg-wordpress-org-wp-engine

                                  28   (last accessed May 23, 2025).
                                       Second Amended Class Action Complaint                                                          12
                                       Case 3:25-cv-01892-AMO            Document 57         Filed 01/15/26      Page 13 of 42



                                   1   aiding the non-profit WordPress Foundation, not donating substantial time, effort, and resources to

                                   2   Mullenweg’s personal website.

                                   3           40.     Defendant Matt Mullenweg was a founder of WordPress and created the WordPress

                                   4   foundation in 2010. Mullenweg split the nonprofit WordPress Foundation from his for-profit

                                   5   company, Automattic.

                                   6           41.     Although Mullenweg claimed to have given the WordPress trademark to the

                                   7   WordPress Foundation, he now purports to have retained for himself and Automattic exclusive,

                                   8   irrevocable, and perpetual rights to the WordPress commercial trademark. He also apparently

                                   9   claims to have reserved personal individual control over the WordPress.org website (including the

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   vital repository), for himself.

                                  11           42.     Creating a website from scratch, as well as continually maintaining and updating it,

   2001 Union Street, Suite 200   12   can be difficult. As a result, a number of companies offer “managed website hosting” where they


    San Francisco, CA 94123
                                  13   will create a website framework and management structure that makes it easier for developers and

                                  14   customers to create, control, and maintain websites within a particular web-ecosystem.

         (415) 788-4220           15           43.     WPE is a managed website-hosting company that hosts and assists customers in

                                  16   managing websites utilizing WordPress software, including its Plugins and themes, updates, and

                                  17   support. In this respect it is a direct competitor to Mullenweg and Automattic, who own competing

                                  18   managed website hosting services such as WordPress.com, and Pressable. WPE has grown

                                  19   significantly in the past several years and has a substantial customer base. WPE’s customer base

                                  20   ranges from small businesses and individuals to major companies such as Yelp, Thompson-Reuters,

                                  21   and Dropbox.

                                  22           44.     Plaintiffs are in the business of creating websites for paying customers. Plaintiffs are

                                  23   long-time WPE customers who have used WPE for more than a decade to manage and build

                                  24   websites for their clients. Plaintiffs have agreements with WPE and pay money for WPE services

                                  25   that depend on WordPress.org to function. And Plaintiffs both use WPE for their own business

                                  26   websites. Prior to September 2024, Plaintiffs had no complaints about WPE and intended to

                                  27   continue to use WPE for the indefinite future.

                                  28
                                       Second Amended Class Action Complaint                                                              13
                                       Case 3:25-cv-01892-AMO             Document 57       Filed 01/15/26      Page 14 of 42



                                   1      II.         The Dispute Between Automattic and WPEngine

                                   2            45.      Starting on or around September 20, 2024, Defendants initiated a highly public and

                                   3   vocal dispute with WPE. While Defendants claim the origin of the conflict lies in a trademark

                                   4   dispute concerning whether the name “WPEngine” violates the WordPress commercial trademark

                                   5   owned by Automattic, WPE contends that Defendants’ actions were a poorly disguised attempt to

                                   6   extort WPE out of tens of millions of dollars against the threat of making it virtually impossible for

                                   7   WPE (and its customers) to conduct its ordinary business.

                                   8            46.      The dispute first became public when Mullenweg publicly excoriated WPE at a

                                   9   WordPress keynote address on September 20, 2024 (as he had promised to do in threatening texts

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   to WPE employees and officers).14 At least as early as September 20, 2024, Defendants accessed

                                  11   what they would later represent to be a full customer list identifying every website, including

   2001 Union Street, Suite 200   12   Plaintiffs’ websites, that were hosted by WPE.


    San Francisco, CA 94123
                                  13            47.       On September 23, 2024, WPE sent a cease-and-desist letter to Automattic.

                                  14   Automattic and Mullenweg almost immediately blocked WPE from accessing critical

         (415) 788-4220           15   WordPress.org resources (on September 24, 2024) including blocking critical access to the

                                  16   repository needed for functional and updated themes and plugins. Plaintiffs are unaware of any

                                  17   other instance when WordPress blocked a major webhost from accessing its resources, which they

                                  18   had long promised would be free and available to everyone forever. This effort targeted and

                                  19   specifically blocked existing WPEngine websites, like those of Plaintiffs, from operating with their

                                  20   expected functionality.

                                  21            48.      As planned and intended, Defendants’ actions had an immediate and severe impact

                                  22   on WPE customers. These customers, including Plaintiffs and the class, were unable to install or

                                  23   update Plugins or themes and had more limited administrative access to the websites they operated

                                  24   (for example, they could not update the Plugins, themes, and in some cases the content of the

                                  25   website), as well as limited access to software updates, editing tools, and access control because

                                  26

                                  27   14 See https://www.therepository.email/mullenweg-threatens-corporate-takeover-of-wp-engine (last

                                  28   accessed May 23, 2025).
                                       Second Amended Class Action Complaint                                                            14
                                       Case 3:25-cv-01892-AMO           Document 57        Filed 01/15/26     Page 15 of 42



                                   1   these features were all tied to the WordPress central repository.15 This not only crippled website

                                   2   owners’ ability to control and modify their websites in a managed environment, as they had paid

                                   3   WPE for, but also created a significant security risk, as security vulnerabilities may not be left

                                   4   unpatched.

                                   5          49.     WPE customers, including Plaintiffs, suffered from substantially degraded website

                                   6   performance for several days. All WPE customers, including Plaintiffs, are party to a Service Level

                                   7   Agreement (SLA) which promises a certain level of website uptime, generally 99.95% of the time

                                   8   with certain exclusions for maintenance. The multiple days of severely degraded services

                                   9   substantially exceeded the permissible SLA allowed by contract.

SCHUBERT JONCKHEER & KOLBE LLP
                                  10          50.     Almost immediately after Defendants blocked WPEngine, Defendants’ companies,

                                  11   such as Pressable, began an advertising campaign aimed at stoking customer backlash in an attempt

   2001 Union Street, Suite 200   12   to convince customers to break their contracts with WPE.


    San Francisco, CA 94123
                                  13          51.     Defendants temporarily lifted the ban on WPEngine for three days (between

                                  14   September 27 and 30), to allow WP Engine to make a mirror of some of the WordPress plugins and

         (415) 788-4220           15   code, but they quickly shut off access again on October 1, 2024.

                                  16          52.     While WPE was able to mirror many parts of the original WordPress.org system

                                  17   based on information gathered in those three days, the mirrored servers could not provide service

                                  18   equivalent to the standard that existed prior to September 24, 2024. The hard-coded references to

                                  19   WordPress.org in core WordPress code and lack of access to the automatically updated Plugins

                                  20   repository, for example, meant the work-around was both difficult to implement and provided

                                  21   degraded services compared with the originally contracted services.

                                  22          53.     While Defendants claim that their decision to block access by Plaintiffs and Class

                                  23   Members was a typical cessation of business relationships during ongoing litigation, it was anything

                                  24   but. WPE has produced voluminous evidence that the so-called trademark dispute is a mere pretext

                                  25

                                  26   15 Websites typically have two components, a “frontend” and “backend”. The frontend is what

                                       users accessing a website see, such as the visual elements like buttons, checkboxes, graphics, and
                                  27   text messages. The backend is the data and infrastructure that make the website function. It
                                  28   includes the source code for the website, and relevant here, Plugins.
                                       Second Amended Class Action Complaint                                                          15
                                       Case 3:25-cv-01892-AMO            Document 57        Filed 01/15/26     Page 16 of 42



                                   1   to sabotage WPE’s services and relationship with its customers. This evidence includes, but is not

                                   2   limited to, numerous text messages from Mullenweg threatening WPE if it refused to pay at least

                                   3   8% of their revenue to Automattic, Mullenweg’s for-profit company, including threatening a

                                   4   “nuclear war” if his demands were not met; statements from Mullenweg indicating the fees he

                                   5   sought were based on what he thought WPE could afford, rather than what the value of the

                                   6   trademark actually was; WPE’s own longstanding use of the “WP” nomenclature, which was

                                   7   expressly permitted on the WordPress foundation website; and engaging in unprecedented and

                                   8   malicious conduct unrelated to the trademark dispute, such as seizing control of the popular ACF

                                   9   (Alternate Custom Fields) Plugin.16

SCHUBERT JONCKHEER & KOLBE LLP
                                  10          54.       In any event, Defendants’ actions knowingly and intentionally caused harm to

                                  11   Plaintiffs and Class Members. Between September 24-27, 2024, and again between October 1, 2024

   2001 Union Street, Suite 200   12   and December 10, 2024 (when the District Court enjoined Defendants’ actions), Defendants


    San Francisco, CA 94123
                                  13   engaged in a sustained and deliberate campaign to disrupt and inhibit the relationship between WPE

                                  14   and its customers and to specifically disrupt the websites of the WPEngine customers that it

         (415) 788-4220           15   identified and targeted. In addition to the crippling decision to shut down access to the core

                                  16   WordPress architecture (software expressly promised to be always free and available to everyone),

                                  17   Defendants:

                                  18                •   added a checkbox to the WordPress.org website requiring someone to attest they

                                  19                    were unaffiliated with WPEngine before they could access its resources;

                                  20                •   stole WPE’s most popular plugin and renamed the author to give themselves credit

                                  21                    for the product, repeatedly alluding that worse was to come for WPE and the

                                  22                    increased risk that this product would be unstable (and specifically that Defendants

                                  23                    would ensure it was less usable);

                                  24

                                  25

                                  26   16 Among other things, Mullenweg seized control over the popular ACF plugin relating to a

                                       purported security vulnerability. This has never been done for a major plugin before (ACF had
                                  27   more than 2 million downloads). Mullenweg/Automattic also changed the name of the plugin and
                                  28   changed the authorship from WPE to WordPress.org (Mullenweg’s personal website).
                                       Second Amended Class Action Complaint                                                        16
                                       Case 3:25-cv-01892-AMO             Document 57         Filed 01/15/26      Page 17 of 42



                                   1                •   sent emails to WPE customers attempting to poach them by claiming they could

                                   2                    restore access to the website if the WPE customer left WPE;

                                   3                •   created a website showing the entire WPE customer base designed to induce

                                   4                    customers to leave WPE, which also created a security risk for WPE customers

                                   5                    listed; and

                                   6                •   made public statements and threats towards WPE and its customers.

                                   7          55.       Defendants have made no secret that their intent is to induce Plaintiffs and Class

                                   8   Members to leave WPE by degrading the services WPE provides to its paying customers. When

                                   9   Defendant Mullenweg was asked about WPE customers who were harmed because “all of those

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   millions of websites that depend, that are still running on WPEngine because they cannot get

                                  11   updates,” Mullenweg responded:

   2001 Union Street, Suite 200   12          “Who pays any dollars to WordPress.org? [to the audience] No hands, right? There’s
                                              nothing to pay for, it’s all free. But people are paying 400 million dollars to WPEngine that
    San Francisco, CA 94123
                                  13
                                              promises them security, updates, hosting, et cetera. So they were selling the free stuff on
                                  14          WordPress.org to their customers. And then when we turned them off, they got mad.”17

         (415) 788-4220           15
                                              56.       As Mullenweg himself acknowledged, customers, including Plaintiffs and Class
                                  16
                                       Members, were paying WPE $400 million to manage the “free stuff” from WordPress.org including
                                  17
                                       contractual promises of “security, updates, hosting, et. cetera.” By Mullenweg’s own admission, he
                                  18
                                       turned off the services that WPE was selling to its customers, deliberately targeting and inhibiting
                                  19
                                       the services and contracts between WPE and Plaintiffs and Class Members.
                                  20
                                              57.       Mullenweg’s statements in that interview are far from the only statements he has
                                  21
                                       made demonstrating his intention to disrupt the websites of existing WPEngine customers like
                                  22
                                       Plaintiffs. As this Court held in its order enjoining Defendants’ unlawful conduct: “Defendants’
                                  23
                                       conduct is designed to induce breach or disruption. That is made explicit in at least the following
                                  24
                                       posts and texts which state, in part:
                                  25
                                                    •   ‘I know that this is the nuclear option, it sets us down a specific path.’ Ex. 2(a).
                                  26

                                  27
                                       17 https://www.youtube.com/watch?v=f15Xn23Mytg&t=3474s (last accessed May 23, 2025).
                                  28
                                       Second Amended Class Action Complaint                                                               17
Case 3:25-cv-01892-AMO   Document 57   Filed 01/15/26   Page 18 of 42
Case 3:25-cv-01892-AMO   Document 57   Filed 01/15/26   Page 19 of 42
                                       Case 3:25-cv-01892-AMO           Document 57       Filed 01/15/26      Page 20 of 42



                                   1   contracts with Plaintiffs and the class; it would make no sense for them to be offering a contract

                                   2   buyout in the absence of knowledge of the contract. And by advertising that their competing service

                                   3   would be one that “puts your business first” Defendants implicitly acknowledged that their actions

                                   4   were harming the business interests of WPE customers. Ex. 2(e) at 1 (Screenshot below).

                                   5

                                   6

                                   7

                                   8

                                   9

SCHUBERT JONCKHEER & KOLBE LLP
                                  10

                                  11
   2001 Union Street, Suite 200   12


    San Francisco, CA 94123
                                  13

                                  14

         (415) 788-4220
                                                67.   Even if Defendants’ trademark case had merit (it likely does not), it does not excuse
                                  15
                                       Defendants’ deliberate and vindictive targeting of Plaintiffs and the Class’s websites and web-
                                  16
                                       hosting contracts with WPE. Defendants’ actions caused irreparable harm to WPEngine, Plaintiffs,
                                  17
                                       and the putative class. Moreover, Defendants’ deliberate withholding of open-source software
                                  18
                                       pending a demand for tens of millions of dollars to be paid to their for-profit enterprise poses a
                                  19
                                       grave danger to WordPress’s entire open-source ecosystem built on the free exchange and access
                                  20
                                       to information. Mullenweg profited greatly from the growth of open-source WordPress through his
                                  21
                                       ownership of Automattic and WordPress.com. Withholding access to this open-source software
                                  22
                                       pending personal payment to him and entities he controls is a betrayal of open-source principles
                                  23
                                       and harms not just Plaintiffs, Class Members, and WPEngine, but indeed the entire internet as a
                                  24
                                       whole.
                                  25

                                  26

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                          20
                                       Case 3:25-cv-01892-AMO               Document 57        Filed 01/15/26      Page 21 of 42



                                   1      III.         Plaintiffs’ Experiences

                                   2   Plaintiff Keller’s Experiences

                                   3             68.      Defendants’ interference significantly impacted the business of Plaintiff Keller.

                                   4   While Plaintiff Keller was happy with WPE services and intended to continue using WPE services,

                                   5   the service disruption and degraded service, coupled with repeated public statements and threats

                                   6   made by Defendants, led Plaintiff Keller to explore moving his website and all those operated by

                                   7   his business to another managed web host. In fact, Plaintiff Keller purchased web hosting services

                                   8   from Nexcess and paid $1,640.00 for alternate services due to the likelihood that he would have to

                                   9   move his clients from the WPEngine platform because of the service disruption.

SCHUBERT JONCKHEER & KOLBE LLP
                                  10             69.      Plaintiff Keller’s livelihood revolves around building and operating websites, and

                                  11   significant disruptions will impact his business including his own capacity to fulfill his contractual

   2001 Union Street, Suite 200   12   obligations to his own clients.


    San Francisco, CA 94123
                                  13             70.      Plaintiff Keller’s websites were significantly impacted by outages despite WPE’s

                                  14   attempts to create workarounds.

         (415) 788-4220           15             71.      Plaintiff Keller had to spend significant time and expense responding to the service

                                  16   disruptions and degradations, preparing for moving his and his clients’ websites to a new host, and

                                  17   in investigating a new host environment after a long and successful prior partnership with WPE.

                                  18   He is not alone in the harm he has suffered.

                                  19             72.      Plaintiff Keller’s own website he uses for his business was also significantly

                                  20   impacted. Access to the WordPress backend was available intermittently, and Plaintiff Keller

                                  21   received emails related to this downtime.

                                  22             73.      Plaintiff Keller pays WPE $3,300 per year for its “Scale Plan,” 2 additional websites,

                                  23   and GeoTargeting and Multi-Site services. His plan expressly promises three categories of service

                                  24   that require continuous access to WordPress.org: (i) automated WordPress and PHP updates,

                                  25   described as "effortless site management"; (ii) security patching and plugin risk scans; and (iii) fully

                                  26   managed WP, PHP, and MySQL updates. Each of these promised services depends on WPE's

                                  27   servers executing the WordPress function wp_update_plugins(), which queries the endpoint

                                  28
                                       Second Amended Class Action Complaint                                                               21
                                       Case 3:25-cv-01892-AMO          Document 57        Filed 01/15/26      Page 22 of 42



                                   1   https://api.wordpress.org/plugins/update-check/1.1/   to   identify   available   updates.   When

                                   2   Defendants blocked WPE's IP address ranges from accessing this endpoint between September 24,

                                   3   2024, and December 10, 2024 (a period of 77 days) these automated services could not function as

                                   4   promised because the underlying API calls returned connection errors instead of updated

                                   5   information. (WPE Scale Plan Terms of Service; WordPress Developer Reference,

                                   6   https://developer.wordpress.org/reference/functions/wp_update_plugins/.)

                                   7          74.    The technical operation of these services requires WPE's systems to execute the

                                   8   WordPress function wp_update_themes(), which contains the hardcoded endpoint:

                                   9          $url = 'https://api.wordpress.org/themes/update-check/1.1/';

SCHUBERT JONCKHEER & KOLBE LLP
                                  10          75.     When this function executes, it transmits a list of installed themes to WordPress.org

                                  11   and receives information about available updates. When Defendants blocked this communication,

   2001 Union Street, Suite 200   12   the Premium 1 Plan's "automatic WordPress & PHP updates" feature ceased to function, not


    San Francisco, CA 94123
                                  13   because WPE failed to perform its obligations, but because Defendants deliberately severed the

                                  14   technical pathway that enables such updates. WPE's servers were still attempting to execute these

         (415) 788-4220           15   functions; they simply received connection refused errors from Defendants' servers. (WordPress

                                  16   Core Source Code, wp-includes/update.php, function wp_update_themes().)

                                  17          76.    Due to Defendants’ actions, Plaintiff Keller was unable to update his website in the

                                  18   way he paid for when he purchased the Scale Plan. Among other things, the Scale Plan promises

                                  19   purchasers: (i) automated WordPress & PHP updates and “[e]ffortless site management with daily

                                  20   backups, one-click staging, automatic WordPress & PHP updates, and simple-to-use portal,” (ii)

                                  21   security patching and plugin risk scans, and (iii) fully managed WP, PHP & MySQL updates.19

                                  22

                                  23   19 See WPEngine, WordPress Hosting by WP Engine, WPEngine,

                                  24   https://wpengine.com/wordpress-hosting-ppc-
                                       pm/?utm_campaign=GS_NB_NAMER_US_Hosting&utm_source=google&utm_medium=cpc&ut
                                  25   m_content=Hosting_Generic&utm_term=dedicated%20server%20hosting&utm_target=aud-
                                       338717939405:kwd-
                                  26   10248710&gad_source=1&gad_campaignid=20531032754&gbraid=0AAAAADmqYaRSwG0Lfa
                                       4lD-
                                  27   cc9MjRhd61u&gclid=Cj0KCQjwxJvBBhDuARIsAGUgNfhsg58cwbAVRiTPUfoo67a3CeaQ9rvy
                                  28   MyZybdL8C95hPNSFQNTqG6IaAkHtEALw_wcB#plans (last accessed May 23, 2026).
                                       Second Amended Class Action Complaint                                           22
                                       Case 3:25-cv-01892-AMO            Document 57        Filed 01/15/26      Page 23 of 42



                                   1   Because Defendants disrupted WPEngine’s access to the WordPress repository, instead of receiving

                                   2   the benefits of the Scale plan from WPEngine, Plaintiff Keller had to perform all of the promised

                                   3   benefits of his Scale plan himself, which took significant time and expense. In short, Plaintiff Keller

                                   4   did not receive the benefit of his bargain with WPE because of Defendants’ actions.

                                   5          77.     During the course of the disruption (prior to the December 10 injunction), Plaintiff

                                   6   Keller maintained significant concerns that the inability to update Plugins and the intermittent

                                   7   disruptions to the website backend could create a security vulnerability that would damage his

                                   8   website, in addition to potentially harming those of his customers and his professional reputation.

                                   9          78.     If the district court had not issued its December 10 preliminary injunction, Plaintiff

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   Keller would have had no choice but to move his websites away from WPEngine. Indeed, if the

                                  11   preliminary injunctive relief is not made permanent, Plaintiff Keller would move his services away

   2001 Union Street, Suite 200   12   from WPE to another web host, and already spent money to purchase additional web hosting


    San Francisco, CA 94123
                                  13   services for his client’s websites in the event that a migration is necessary.

                                  14          79.     Moving to another managed web host would require significant financial investment

         (415) 788-4220           15   and risk. If he were forced to change hosts, there is a good possibility that functions on the 20 or so

                                  16   websites operated by Plaintiff Keller, as well as Plaintiff Keller’s own website, would break or that

                                  17   there would be additional downtime. There would be a serious risk that this could cause him to lose

                                  18   clients, and it would take major resources, including hours spent and money invested, to attempt to

                                  19   mitigate the risk of harm.

                                  20          80.     All of Plaintiff Keller’s clients’ websites appeared on the domains.csv file published

                                  21   by Defendants; as did Keller’s personal business website. Plaintiff Keller’s personal business

                                  22   website (securesight.co) is website entry number 541,261 on the “domains.csv” list published by

                                  23   Defendants.

                                  24          81.     One of Plaintiff Keller’s clients was considering adding a new website, but declined

                                  25   to do so after Plaintiff Keller advised the clients about the risk of problems caused by the WPE

                                  26   dispute and service disruption.

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                             23
                                       Case 3:25-cv-01892-AMO              Document 57     Filed 01/15/26      Page 24 of 42



                                   1          Plaintiff Schanzer’s Experiences:

                                   2          82.     Defendants’ interference also significantly impacted the business of Plaintiff

                                   3   Schanzer. While Plaintiff Schanzer was happy with WPE services and intended to continue using

                                   4   WPE services, the service disruption and degraded service, coupled with repeated public statements

                                   5   and threats made by Defendants, caused Plaintiff Schanzer to start exploring other options for web

                                   6   hosting services for her clients.

                                   7          83.     Plaintiff Schanzer’s livelihood revolves around building and operating websites, and

                                   8   the significant disruptions caused by Defendants impacted her existing and future business. Plaintiff

                                   9   Schanzer exclusively uses WPE for her business and exclusively recommended its use with her

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   clients. Disruptions to WPE services will always adversely impact her existing and prospective

                                  11   business relationships.

   2001 Union Street, Suite 200   12          84.     Defendants’ disruption of WPE services significantly impacted Plaintiff Schanzer’s


    San Francisco, CA 94123
                                  13   business. One of her clients, a small local newspaper which necessarily needs to be able to quickly

                                  14   update the website to publish new stories, was so badly impacted by the disruption that Plaintiff

         (415) 788-4220           15   Schanzer had to provide a 50% discount to the client due to Defendants’ interference. Plaintiff

                                  16   Schanzer also paid for a premium theme and support for that theme from a third party (not WPE),

                                  17   but the theme was not functioning as designed due to Defendants’ disruption, and it took her time

                                  18   and resources to work around the problem.

                                  19          85.     The websites Plaintiff Schanzer manages and provides web hosting services for were

                                  20   significantly impacted by outages despite WPE’s attempts to create workarounds.

                                  21          86.     Plaintiff Schanzer had to spend significant time and expense responding to the

                                  22   service disruption and degradations, potentially preparing to move her client’s websites to a new

                                  23   host, and investigating comparable web hosting services.

                                  24          87.     Plaintiff Schanzer pays WPE $762.13 per month ($9,145.56 yearly) for her Premium

                                  25   1 Plan. Due to Defendants’ actions, Plaintiff Schanzer was unable to manage her client’s websites

                                  26   in the way she expected when she paid for the Premium 1 Plan. Among other things, the Premium

                                  27   1 Plan promises purchasers: (i) automated WordPress & PHP updates and “[e]ffortless site

                                  28
                                       Second Amended Class Action Complaint                                                           24
                                       Case 3:25-cv-01892-AMO           Document 57        Filed 01/15/26      Page 25 of 42



                                   1   management with daily backups, one-click staging, automatic WordPress & PHP updates, and

                                   2   simple-to-use portal,” (ii) security patching and plugin risk scans, and (iii) fully managed WP, PHP

                                   3   & MySQL updates as well as access to themes. Her plan expressly promises three categories of

                                   4   service that require continuous access to WordPress.org: (i) automated WordPress and PHP

                                   5   updates, described as "effortless site management"; (ii) security patching and plugin risk scans; and

                                   6   (iii) fully managed WP, PHP, and MySQL updates. Each of these promised services depends on

                                   7   WPE's servers executing the WordPress function wp_update_plugins(), which queries the endpoint

                                   8   https://api.wordpress.org/plugins/update-check/1.1/    to   identify   available   updates.   When

                                   9   Defendants blocked WPE's IP address ranges from accessing this endpoint between September 24,

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   2024, and December 10, 2024 (a period of 77 days) these automated services could not function as

                                  11   promised because the underlying API calls returned connection errors instead of updated

   2001 Union Street, Suite 200   12   information. (WPE Scale Plan Terms of Service; WordPress Developer Reference,


    San Francisco, CA 94123
                                  13   https://developer.wordpress.org/reference/functions/wp_update_plugins/.)

                                  14          88.     The technical operation of these services requires WPE's systems to execute the

         (415) 788-4220           15   WordPress function wp_update_themes(), which contains the hardcoded endpoint:

                                  16          $url = 'https://api.wordpress.org/themes/update-check/1.1/';

                                  17          89.      When this function executes, it transmits a list of installed themes to WordPress.org

                                  18   and receives information about available updates. When Defendants blocked this communication,

                                  19   the Premium 1 Plan's "automatic WordPress & PHP updates" feature ceased to function, not

                                  20   because WPE failed to perform its obligations, but because Defendants deliberately severed the

                                  21   technical pathway that enables such updates. WPE's servers were still attempting to execute these

                                  22   functions; they simply received connection refused errors from Defendants' servers. (WordPress

                                  23   Core Source Code, wp-includes/update.php, function wp_update_themes().)

                                  24          90.     Because Defendants disrupted WPEngine’s access to the WordPress repository,

                                  25   instead of receiving the benefits of the Premium 1 Plan from WPEngine, Plaintiff Schanzer had to

                                  26   perform all of the promised benefits of her Premium 1 Plan herself, which took significant time and

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                           25
                                       Case 3:25-cv-01892-AMO             Document 57        Filed 01/15/26      Page 26 of 42



                                   1   expense. In short, Plaintiff Schanzer did not receive the benefit of her bargain with WPE because

                                   2   of Defendants’ actions.

                                   3              91.   If the district court had not issued its December 10 preliminary injunction, Plaintiff

                                   4   Schanzer would have had no choice but to move her clients’ websites away from WPEngine at very

                                   5   significant expense.

                                   6              92.   Plaintiff Schanzer exclusively uses WPE with her clients and always recommends it

                                   7   whenever a prospective client inquires about her building a website for them. Defendants’

                                   8   disruption of access to the WordPress repository impacted her ability to recruit new prospective

                                   9   clients.

SCHUBERT JONCKHEER & KOLBE LLP
                                  10              93.   To the extent that there may be technical workarounds to mitigate the harm caused

                                  11   by Defendants’ deliberate disruption and denial of services, this entirely misunderstands the

   2001 Union Street, Suite 200   12   purpose of website management systems like WPEngine. Customers, like Plaintiffs, purchase


    San Francisco, CA 94123
                                  13   managed web-hosting services from providers such as WPE in order to avoid having to spend

                                  14   significant time and effort working on manual updates and complex and difficult backend website

         (415) 788-4220           15   construction, maintenance, updates, and modification. Plaintiffs and Class Members paid for the

                                  16   tools to make website construction, operation, and function efficient and effective. A workaround

                                  17   that requires as much or more work than operating the website without the managed web host to

                                  18   begin with is not an effective mitigation of harm; it is a breach of the fundamental purpose of the

                                  19   contract.

                                  20              Defendants’ Specific Degradations of Plaintiffs’ Services with WPEngine

                                  21              94.   Additionally, the “security patching and plugin risk scans” promised in Plaintiffs’

                                  22   contracts specifically depend on access to WordPress.org's vulnerability database and patch

                                  23   distribution system. In 2024 alone, security researchers documented 7,966 new vulnerabilities in

                                  24   the WordPress ecosystem (an average of 22 per day), with 96% affecting plugins, 4% affecting

                                  25   themes, and seven affecting WordPress core. (Patchstack, "State of WordPress Security In 2025,"

                                  26   March 2025.) Of these, 30% were assessed as having a significant risk of real-world exploitation.

                                  27   When a critical vulnerability is discovered, such as the September 2020 File Manager plugin

                                  28
                                       Second Amended Class Action Complaint                                                             26
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                                   1   vulnerability that affected over 600,000 WordPress sites, plugin developers release patches through

                                   2   the WordPress.org repository. The WordPress function plugins_api(), located in wp-

                                   3   admin/includes/plugin-install.php, retrieves this security information from:

                                   4          $url = 'https://api.wordpress.org/plugins/info/1.2/';

                                   5          95.     By blocking WPE's access to this endpoint, Defendants prevented Plaintiffs'
                                   6   websites from even knowing that security patches existed, let alone downloading and installing
                                   7   them. This created a quantifiable security exposure during a 77-day window that is demonstrably
                                   8   inconsistent with the "security patching" services Plaintiffs purchased. (Patchstack Security
                                   9   Reports, 2024; WordPress Core Source Code, wp-admin/includes/plugin-install.php; WPE SLA

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   Documentation.)
                                  11          96.     The promised "daily backups" included in both the Scale Plan and Premium 1 Plan
   2001 Union Street, Suite 200   12   rely on WordPress's backup infrastructure, which coordinates with WordPress.org to ensure backup


    San Francisco, CA 94123
                                  13   integrity and compatibility with current WordPress versions. The WordPress function
                                  14   get_core_checksums() verifies file integrity by comparing local files against known-good

         (415) 788-4220           15   checksums retrieved from:
                                  16          $http url = 'http://api.wordpress.org/core/checksums/1.0/?' .
                                              http_build_query( compact( 'version', 'locale' ), '', '&' );
                                  17

                                  18          97.     During the blocking period, Plaintiffs’ websites experienced intermittent access to
                                  19   the WordPress administrative backend, the control panel where website owners manage content,
                                  20   update plugins, and monitor site performance. Plaintiffs received system-generated emails from
                                  21   WPE's monitoring systems documenting these outages. These were not theoretical concerns; they
                                  22   were contemporaneous automated notifications confirming that Defendants' actions had disrupted
                                  23   the promised services. When WPE’s systems attempted to verify file integrity or check for available
                                  24   updates, the requests failed because Defendants had blocked the connection. (WordPress Core
                                  25   Source Code, wp-admin/includes/update.php, function get_core_checksums().)
                                  26

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                         27
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                                   1            98.      Moreover, The WordPress administrative dashboard that Plaintiffs use to manage

                                   2   their websites includes a “Site Health” feature that assesses the security and performance of a

                                   3   WordPress installation. This feature depends on multiple WordPress.org API endpoints, including:

                                   4            • https://api.wordpress.org/core/serve-happy/1.0/ (PHP version security check)

                                   5            • https://api.wordpress.org/core/stable-check/1.0/ (WordPress version status)

                                   6            • https://api.wordpress.org/core/checksums/1.0/ (file integrity verification)

                                   7            99.      During the blocking period, these Site Health checks returned errors or incomplete

                                   8   information, thereby preventing Plaintiffs from accurately assessing the security status of their

                                   9   websites. The WordPress dashboard indicates that it cannot connect to WordPress.org to verify

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   whether the installed software versions are current and secure. This is precisely the "site

                                  11   management" functionality that Plaintiffs' WPE contracts promised to deliver "effortlessly."

   2001 Union Street, Suite 200   12   (WordPress Developer Reference, Site Health Feature Documentation.)


    San Francisco, CA 94123
                                  13            100.     As Defendants have repeatedly stated, they anticipate many more people will be

                                  14   compelled to leave WPEngine as a result of their self-described campaign of “scorched earth

         (415) 788-4220           15   nuclear war” against WPE. In Defendants’ self-proclaimed war, hurting innocent class members is

                                  16   not by accident; it is the intended result. Even customers who have stayed with WPE nevertheless

                                  17   suffered months of significantly degraded service worth far less than they paid for because of

                                  18   Defendants’ deliberate attempt to leverage their power and control over the WordPress ecosystem

                                  19   to cripple a competitor (and its customers) and redirect Plaintiffs and Class Members to Defendants’

                                  20   own for-profit businesses.

                                  21      IV.         Defendants Knowledge of Plaintiffs’ Contracts

                                  22            101.     At the time Defendants interfered with Plaintiffs’ contracts, Defendants had specific

                                  23   knowledge WPE had been contracted to host Plaintiffs’ websites. Defendants published a list of

                                  24   WPE customer websites at the web address https://wordpressenginetracker.com at least as early as

                                  25   November 6, 2024. The website directed users to a list entitled “domains.csv” csv) which contained

                                  26   approximately 842,514 entries.         The technical sophistication required to compile this list

                                  27   demonstrates that Defendants had access to and utilized data identifying specific WPE customers;

                                  28
                                       Second Amended Class Action Complaint                                                             28
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                                   1   this was not generalized awareness that WPE had customers, but specific identifying information

                                   2   about which domains were hosted on WPE’s infrastructure.

                                   3             102.   WordPress.org’s technical architecture necessarily provided Defendants with

                                   4   visibility into which websites were hosted on WPE servers. When any WordPress installation

                                   5   communicates with WordPress.org’s API endpoints, the WordPress code transmits detailed

                                   6   information about the installation, including the WordPress version, PHP version, server locale,

                                   7   number of active plugins, and other identifying characteristics. The wp_version_check() function

                                   8   transmits this data to api.wordpress.org. Defendants could identify WPE-hosted installations by IP

                                   9   address ranges, server signatures, or hosting-environment fingerprints contained in these API

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   requests. The blocking mechanism itself demonstrates this knowledge. Defendants had to identify

                                  11   WPE traffic to block it. (WordPress Core Source Code, wp-includes/update.php; WPE SAC ¶¶ 159-

   2001 Union Street, Suite 200   12   165.)


    San Francisco, CA 94123
                                  13             103.   At the time Defendants initiated their service disruption, Plaintiff Schanzer operated

                                  14   at least 49 websites through her business RLDGROUP. Every single website she owned or operated

         (415) 788-4220           15   appeared on the domains.csv file. Likewise Plaintiff Keller operated 19 websites at the time the

                                  16   disruption occurred, 18 of which appeared on the domains.csv file

                                  17             104.   Every website owned or operated by Plaintiffs, except one, appears on this list that

                                  18   Defendants themselves created of WPE customers.

                                  19             105.   Defendants themselves represented publicly that this list represented every domain

                                  20   hosted by WPEngine and that “you can see decline every day” for each day since September 21,

                                  21   2024.20

                                  22

                                  23

                                  24

                                  25

                                  26
                                       20 The post, made by Defendant Mullenweg through the @WordPress handle he controls, can be
                                  27   viewed directly at: https://x.com/WordPress/status/1854271844309684285 (Last Accessed January
                                  28   9, 2026)
                                       Second Amended Class Action Complaint                                                    29
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                                   1          106.    That Defendants had compiled a list of WPE customers and were tracking departures

                                   2   daily for each day on or after September 21, 2024 further corroborated by the website itself. The

                                   3   website “wordpressenginetracker.com,” both currently and when it first came online on November

                                   4   6, 2024, expressly states that it is tracking “the number of websites that have left WP Engine.” The

                                   5   September 21, 2024 start date was not chosen by chance—it is how Defendants elected to track the

                                   6   casualties they inflicted in their campaign of “nuclear war.”

                                   7

                                   8

                                   9

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                                  10

                                  11
   2001 Union Street, Suite 200   12


    San Francisco, CA 94123
                                  13

                                  14

         (415) 788-4220           15

                                  16

                                  17

                                  18

                                  19

                                  20   See: https://x.com/WordPress/status/1854271844309684285 (last accessed January 15, 2026)

                                  21

                                  22

                                  23

                                  24

                                  25                   Screen capture from wordpressenginetracker.com as of January 15, 2026:
                                  26

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                          30
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                                   1

                                   2

                                   3

                                   4

                                   5

                                   6

                                   7
                                                       Screen capture from the Internet Archive dated November 6, 2024
                                   8
                                              107.    In each version of the tracking website, Defendants were unambiguous that they
                                   9
                                       were tracking each WPE customer website, including Plaintiffs’ websites, that they deemed

SCHUBERT JONCKHEER & KOLBE LLP
                                  10
                                       “ready for a new home.” Defendants were doing more than just tracking the raw number of
                                  11
   2001 Union Street, Suite 200
                                       websites hosted by WPE, they were tracking each website specifically and were providing or
                                  12
                                       withholding access to resources based on whether the website used WPE as their website host.

    San Francisco, CA 94123
                                  13
                                       Indeed, Defendants continue to publish a daily “activity log” identifying the specific WPE
                                  14
                                       customer websites that have changed web hosts each day. That log is, according to Defendants, is
         (415) 788-4220           15
                                       accurate down to the minute. Screen capture showing the modern tracking website (capture taken
                                  16
                                       January 15, 2026) is below:
                                  17

                                  18

                                  19

                                  20

                                  21

                                  22

                                  23

                                  24

                                  25

                                  26
                                              108.    Defendants published what they themselves described as a customer list, publicly
                                  27
                                       identifying every website operated or controlled by Plaintiffs. They described Plaintiffs’ websites
                                  28
                                       Second Amended Class Action Complaint                                                          31
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                                   1   When Plaintiff Keller's or Plaintiff Schanzer's WordPress installations attempted to perform the

                                   2   automated updates promised in their WPE contracts, the following sequence occurred:

                                   3                  a) WordPress's scheduled task system (WP-Cron) triggered the

                                   4                       wp_maybe_auto_update() function;

                                   5                  b) This function called wp_version_check(), wp_update_plugins(), and

                                   6                       wp_update_themes();

                                   7                  c) Each of these functions initiated HTTP requests to hardcoded

                                   8                       api.wordpress.org endpoints;

                                   9                  d) Defendants' servers rejected the requests, returning connection errors;

SCHUBERT JONCKHEER & KOLBE LLP
                                  10                  e) The WordPress functions returned error states, and no updates were applied;

                                  11                  f) The automated update features promised in Plaintiffs' contracts did not

   2001 Union Street, Suite 200   12                       execute.


    San Francisco, CA 94123
                                  13          116.    This was not a passive withholding of access; it was an affirmative technical

                                  14   intervention that required Defendants to modify their server configurations to specifically identify

         (415) 788-4220           15   and block WPE traffic while continuing to serve all other WordPress installations worldwide.

                                  16                                   CLASS ACTION ALLEGATIONS

                                  17          113.    Plaintiffs bring this action as a class action pursuant to Rules 23(a) and 23(b)(1)-(3)

                                  18   of the Federal Rules of Civil Procedure, on behalf of themselves, their businesses and a Nationwide

                                  19   Class defined as:

                                  20          All persons in the United States who had ongoing active WPE WordPress Web
                                              Hosting Plans on or before September 24, 2024 through December 10, 2024.
                                  21

                                  22          114.    Excluded from the Nationwide Class are governmental entities, Defendants, any

                                  23   entity in which Defendants have a controlling interest, and Defendants’ officers, directors, affiliates,

                                  24   legal representatives, employees, coconspirators, successors, subsidiaries, and assigns. Also

                                  25   excluded from the Nationwide Class are any judges, justices, or judicial officers presiding over this

                                  26   matter and the members of their immediate families and judicial staff.

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                              34
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                                   1          115.    This action is brought and may be properly maintained as a class action pursuant to

                                   2   Rule 23. This action satisfies the requirements of Rule 23, including numerosity, commonality,

                                   3   typicality, adequacy, predominance, and superiority.

                                   4          116.    Numerosity. The Nationwide Class is so numerous that the individual joinder of all

                                   5   members is impracticable. While the exact number of Nationwide Class Members is currently

                                   6   unknown and can only be ascertained through appropriate discovery, Plaintiffs, on information and

                                   7   belief, allege that the Nationwide Class includes at least hundreds of thousands of WPE customers

                                   8   including the hundreds of thousands of websites identified by Defendants on their “WP Engine

                                   9   Tracker” website https://wordpressenginetracker.com.

SCHUBERT JONCKHEER & KOLBE LLP
                                  10          117.    Commonality. Common legal and factual questions exist that predominate over any

                                  11   questions affecting only individual Class Members. These common questions, which do not vary

   2001 Union Street, Suite 200   12   among Class Members, and which may be determined without reference to any Class Member’s


    San Francisco, CA 94123
                                  13   individual circumstances, include, but are not limited to:

                                  14                  a. Whether Defendants had implied contracts with Plaintiffs and the putative class;

         (415) 788-4220           15                  b. Whether Defendants had a duty to keep WordPress “free for everyone”;

                                  16                  c. Whether Defendants intended to interfere in the relationship between WPE and

                                  17                      Plaintiffs and the putative Class;

                                  18                  d. Whether Defendants actually interfered in the relationship between WPE and

                                  19                      Plaintiffs and the putative Class;

                                  20                  e. Whether Defendants engaged in independently wrongful conduct.

                                  21                  f. Whether Defendants’ actions constitute unfair competition.

                                  22                  g. Whether Plaintiffs and Class Members were harmed.

                                  23                  h. Whether Plaintiffs and Class Members are entitled to actual, statutory, or other

                                  24                      forms of damages and other monetary relief; and,

                                  25                  i. Whether Plaintiffs and Class Members are entitled to equitable relief, including

                                  26                      injunctive relief or restitution.

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                        35
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                                   1          118.    Typicality. Plaintiffs’ claims are typical of other Class Members’ claims because

                                   2   Plaintiffs and Class Members were subjected to the same allegedly unlawful conduct and damaged

                                   3   in the same way through having their contracts with WPE disrupted. Therefore, Plaintiffs and the

                                   4   Class overpaid on their contracts with WPE due to Defendants’ actions to limit WPE’s access to

                                   5   the WordPress ecosystem, including regular updates, tools, Plugins, and other software, which

                                   6   meant that WPE could not perform for Plaintiffs or the Class the services contracted for.

                                   7          119.    Adequacy of Representation. Plaintiffs are adequate class representatives because

                                   8   they are Class Members, and their interests do not conflict with the Class’s interests. Plaintiffs

                                   9   retained counsel who are competent and experienced in class action litigation. Plaintiffs and their

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   counsel intend to prosecute this action vigorously for the Class’s benefit and will fairly and

                                  11   adequately protect their interests.

   2001 Union Street, Suite 200   12          120.    Predominance and Superiority. The Class can be properly maintained because the


    San Francisco, CA 94123
                                  13   above common questions of law and fact predominate over any questions affecting individual Class

                                  14   Members. A class action is also superior to other available methods for the fair and efficient

         (415) 788-4220           15   adjudication of this litigation because individual litigation of each Class member’s claim is

                                  16   impracticable. Even if each Class member could afford individual litigation, the court system could

                                  17   not. It would be unduly burdensome if thousands of individual cases proceed. Individual litigation

                                  18   also presents the potential for inconsistent or contradictory judgments, the prospect of a race to the

                                  19   courthouse, and the risk of an inequitable allocation of recovery among those with equally

                                  20   meritorious claims. Individual litigation would increase the expense and delay to all parties and the

                                  21   courts because it requires individual resolution of common legal and factual questions. By contrast,

                                  22   the class-action device presents far fewer management difficulties and provides the benefit of a

                                  23   single adjudication, economies of scale, and comprehensive supervision by a single court.

                                  24          121.    Declaratory and Injunctive Relief. The prosecution of separate actions by

                                  25   individual Class Members would create a risk of inconsistent or varying adjudications with respect

                                  26   to individual Class Members that would establish incompatible standards of conduct for

                                  27   Defendants. Such individual actions would create a risk of adjudications that would be dispositive

                                  28
                                       Second Amended Class Action Complaint                                                            36
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                                   1   of the interests of other Class Members and impair their interests. Defendants have acted and/or

                                   2   refused to act on grounds generally applicable to the Class, making final injunctive relief or

                                   3   corresponding declaratory relief appropriate.

                                   4                                         CLAIMS FOR RELIEF

                                   5                                              Count One
                                                             Intentional Interference with Contractual Relations
                                   6                                 On behalf of Plaintiffs and the Class
                                   7           122.    Plaintiffs incorporate by reference and reallege each allegation above as though fully

                                   8   set forth herein.

                                   9           123.    At all relevant times (at or before September 20, 2024), there were valid contracts

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   between Plaintiffs and Class Members and the third party WPE.

                                  11           124.    At all relevant times, Defendants knew that class members maintained valid

   2001 Union Street, Suite 200   12   contracts with the third party WPE.


    San Francisco, CA 94123
                                  13           125.    As alleged herein, Defendants deliberately acted with the intent to disrupt those

                                  14   contracts through cutting off WPE’s access to WordPress’s technology, software, Plugins, and other

         (415) 788-4220           15   tools thereby ensuring that WPE could not fully fulfill its contractual obligations to the Plaintiffs

                                  16   and Class Members for website hosting and related services, or if WPE could find a workaround to

                                  17   block of access to WordPress’s technology, software, Plugins, and other tools to fulfill its

                                  18   obligations, it made performance of WPE’s contracts with its customers more expensive and

                                  19   difficult.

                                  20           126.    For example, during the disruption, neither Plaintiff received the contracted-for

                                  21   WordPress updates, security patching and plugin risk scans, or fully managed WP updates, and

                                  22   instead had to perform all those functions themselves.

                                  23           127.    As a result, Defendants’ conduct has prevented and may prevent full performance of

                                  24   the contracts in the future depending on the outcome of WPE’s case against Defendants.

                                  25   Defendants’ conduct meant that WPE could not install or update Plugins or themes, had limited

                                  26   access to software updates, editing tools, and access control to the WordPress central repository,

                                  27   which meant WPE could not perform necessary contractual functions that Plaintiffs and the Class

                                  28
                                       Second Amended Class Action Complaint                                                            37
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                                   1   paid WPE to perform. Further, Plaintiffs and the Class experienced significant service interruptions

                                   2   and their contracts with WPE guaranteed certain levels of service, which as detailed above, WPE

                                   3   was unable to fulfill due to Defendants’ conduct. As a result of Defendant’s targeted conduct,

                                   4   Plaintiffs and the Class did not receive the benefit of their bargain with WPE.

                                   5           128.   Plaintiffs and Class Members have been and will be harmed, and Defendants know

                                   6   of this harm (including because Defendants, including Mullenweg, acknowledged the harm in

                                   7   interviews and have made public statements concerning the harm) and were a substantial factor in

                                   8   its cause.

                                   9

SCHUBERT JONCKHEER & KOLBE LLP
                                                                                Count Two
                                  10                   Intentional Interference with Prospective Economic Relations
                                                                    On behalf of Plaintiffs and the Class
                                  11
   2001 Union Street, Suite 200
                                               129.   Plaintiffs repeat and reallege each and every fact, matter, and allegation set forth
                                  12
                                       above and incorporate them by reference as though set forth in full.
    San Francisco, CA 94123
                                  13
                                               130.   As alleged herein, Defendants have intentionally interfered with prospective
                                  14

         (415) 788-4220
                                       economic relationships between current and former WPE customers (class members) and their own
                                  15
                                       clients and business partners. Because Plaintiffs, through their businesses, used WPE’s managed
                                  16
                                       web hosting services to create and maintain websites for their own clients, Plaintiffs’ prospective
                                  17
                                       economic relationship with their current clients, and with potential future clients, were impacted by
                                  18
                                       Defendants’ interference.
                                  19
                                               131.   Plaintiffs and Class Members and WPE would have likely maintained or expanded
                                  20
                                       relationships to the benefit of class members under the prospective relationship.
                                  21
                                               132.   Defendants knew of these relationships and prospective relationships.
                                  22
                                               133.   Defendants intended to disrupt those relationships and prospective relationships.
                                  23
                                               134.   Defendants engaged in independently wrongful conduct in the course of interfering
                                  24
                                       with those prospective relationships including violations of the UCL (Section 17200 California
                                  25
                                       Business and Professions Code).
                                  26

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                           38
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                                   1           135.    Defendants conduct has and will disrupt those prospective relationships. For

                                   2   example, but for the December 10 injunction, Plaintiffs would have not renewed their contracts

                                   3   with WPE.

                                   4           136.    Plaintiffs and the Class have been and will be harmed.

                                   5           137.    Defendant’s wrongful conduct has been and will be a substantial factor in the harm.

                                   6           138.    As a direct and proximate result of the interference, Plaintiffs and the Class are

                                   7   entitled to relief as set forth herein.

                                   8
                                                                              Count Three
                                   9           California Unfair Competition Law, CAL. BUS. & PROF. CODE §§ 17200, et seq.

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                                  10                               On behalf of Plaintiffs and the Class

                                  11           139.    Plaintiffs, individually and on behalf of the Class, incorporate by reference each of
   2001 Union Street, Suite 200   12   the factual allegations contained in the preceding paragraphs as if fully set forth herein.


    San Francisco, CA 94123
                                  13           140.    Plaintiffs plead this claim for equitable relief, including restitution and injunctive
                                  14   relief, in the alternative to their claims for damages.

         (415) 788-4220           15           141.    Defendants violated California’s Unfair Competition Law (the “UCL”), CAL. BUS. &
                                  16   PROF. CODE §§ 17200 et seq., by engaging in unlawful, unfair, or fraudulent business acts and
                                  17   practices that constitute acts of “unfair competition” as defined in the UCL with respect to their
                                  18   conduct and actions toward Plaintiffs and the class.
                                  19           142.    Defendants’ actions as alleged herein in this Class Action Complaint constitute an
                                  20   “unlawful” practice as encompassed by CAL. BUS. & PROF. CODE §§ 17200 et seq. because
                                  21   Defendants’ intentional disruption of services they promised to keep free and available to everyone
                                  22   in perpetuity in order to ruin a competitor constitute unlawful business practices such as
                                  23   monopolistic practices. Defendants deliberately wielded their power over the WordPress.org website
                                  24   like a cudgel, not only blocking access to the website but forcing visitors to click a checkbox
                                  25   asserting they are not associated with WPE, publishing WPE customer website addresses in an
                                  26   attempt to pressure customers to leave WPE, and repeatedly threatening future consequences
                                  27

                                  28
                                       Second Amended Class Action Complaint                                                                39
                                       Case 3:25-cv-01892-AMO             Document 57      Filed 01/15/26     Page 40 of 42



                                   1   including the risk of additional service disruptions for class members who did not leave WPE.

                                   2   Defendants actions deliberately harmed Plaintiffs, their websites, and their businesses.

                                   3          143.    Defendants’ tortious interference, as alleged herein in this class action complaint,

                                   4   including intentionally disrupting a competitor’s service specifically to degrade and undermine the

                                   5   contracted-for services Plaintiffs and the class received under their agreements with WPE,

                                   6   constitutes an unfair unlawful practice under CAL. BUS. & PROF. CODE §§ 17200.

                                   7          144.    Defendants’ actions as alleged in this Class Action Complaint also constitute an

                                   8   “unfair” practice as encompassed by CAL. BUS. & PROF. CODE §§ 17200 et seq., because they offend

                                   9   established public policy and are immoral, unethical, oppressive, unscrupulous, and substantially

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   injurious. The harm caused by Defendants’ wrongful conduct outweighs any utility of such conduct

                                  11   and has caused—and will continue to cause—substantial injury to the Class, including Plaintiffs. In

   2001 Union Street, Suite 200   12   particular, Defendants’ abuse of the open-source internet architecture and apparent singular control


    San Francisco, CA 94123
                                  13   over what they claim to be more than 40% of all websites in the world through a single individual

                                  14   (Matt Mullenweg)’s personal website (WordPress.org), is an appalling deception and is contrary to

         (415) 788-4220           15   every conceivable public policy.

                                  16          145.    Moreover, public policy cannot support Defendants’ actions. A trademark dispute,

                                  17   even if legitimate, is not cause for the deliberate sabotage of the websites of innocent third-party

                                  18   individuals and companies (class members) who merely used WPE services. Defendants’ patterns

                                  19   of unscrupulous behavior deliberately targeted at class members’ websites in order to get the class

                                  20   member websites’ business for themselves demonstrates that these trademark claims are a mere

                                  21   pretext for their unlawful and injurious conduct.

                                  22          146.    As a result of Defendants’ unlawful and unfair conduct, Plaintiffs and the Class were

                                  23   damaged and injured by the significant costs of remedying Defendants’ disruption of their websites.

                                  24          147.    Defendants’ wrongful practices constitute a continuing course of unfair competition

                                  25   because Defendants continued and indeed enhanced their efforts to interfere with the relationships

                                  26   between Class Members and WPE up until the December 10, 2024 preliminary injunction. In the

                                  27   absence of a permanent injunction, on information and belief, Defendants will resume attempting to

                                  28
                                       Second Amended Class Action Complaint                                                         40
                                       Case 3:25-cv-01892-AMO            Document 57          Filed 01/15/26     Page 41 of 42



                                   1   disrupt WPE services and will further harm class members. Indeed, in the absence of a permanent

                                   2   injunction, Plaintiffs will have no option but to terminate their relationships with WPE because of

                                   3   the danger Defendants’ unlawful and unfair business practices pose to their livelihood.

                                   4          148.     Plaintiffs and the class seek equitable relief pursuant to Cal. Bus. & Prof. Code

                                   5   § 17203 to end Defendants’ wrongful practices including requiring Defendants to cease its tortious

                                   6   interference with contract.

                                   7          149.    Plaintiffs and the Class also seek an order requiring Defendants to make full

                                   8   restitution of all monies it received through its wrongful conduct, along with all other relief permitted

                                   9   under Cal. Bus. & Prof. Code §§ 17200 et seq.

SCHUBERT JONCKHEER & KOLBE LLP
                                  10                                         PRAYER FOR RELIEF

                                  11          WHEREFORE, Plaintiffs, on behalf of themselves and the Class set forth herein,

   2001 Union Street, Suite 200   12   respectfully request the following relief:


    San Francisco, CA 94123
                                  13          A.      That the Court certify this action as a class action and appoint Plaintiffs and

                                  14                  their counsel to represent the Class;

         (415) 788-4220           15          B.      That the Court grant permanent injunctive relief to prohibit Defendants from

                                  16                  continuing to engage in the unlawful acts, omissions, and practices described

                                  17                  herein and directing Defendants to cease interference in the contractual

                                  18                  relationship between WPE and the class;

                                  19          C.      That the Court award compensatory, consequential, and general damages,

                                  20                  including nominal damages as appropriate, as allowed by law in an amount to

                                  21                  be determined at trial;

                                  22          D.      That the Court award statutory or punitive damages as allowed by law in an

                                  23                  amount to be determined at trial;

                                  24          E.      That the Court order disgorgement and restitution of all earnings, profits,

                                  25                  compensation, and benefits received by Defendants as a result of Defendants’

                                  26                  unlawful acts, omissions, and practices;

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                              41
                                       Case 3:25-cv-01892-AMO           Document 57        Filed 01/15/26       Page 42 of 42



                                   1          F.     That the Court award to Plaintiffs and Class Members the costs and

                                   2                 disbursements of the action, along with reasonable attorneys’ fees, costs, and

                                   3                 expenses;

                                   4          G.     That the Court award pre- and post-judgment interest at the maximum legal

                                   5                 rate; and

                                   6          H.     That the Court order all such other relief as it deems just and proper.

                                   7                                    DEMAND FOR JURY TRIAL

                                   8          Plaintiffs hereby demand a jury trial on all claims so triable.

                                   9

SCHUBERT JONCKHEER & KOLBE LLP
                                  10   Dated: January 15, 2026                       /s/ Amber L. Schubert

                                  11                                                 SCHUBERT JONCKHEER & KOLBE LLP
   2001 Union Street, Suite 200
                                                                                     ROBERT C. SCHUBERT (S.B.N. 62684)
                                  12
                                                                                     rschubert@sjk.law

    San Francisco, CA 94123
                                  13                                                 AMBER L. SCHUBERT (S.B.N. 278696)
                                                                                     aschubert@sjk.law
                                  14                                                 DANIEL L.M. PULGRAM (S.B.N. 354569)

         (415) 788-4220
                                                                                     dpulgram@sjk.law
                                  15                                                 2001 Union Street, Suite 200
                                  16                                                 San Francisco, California 94123
                                                                                     Telephone: (415) 788-4220
                                  17
                                                                                     TYCKO & ZAVAREEI LLP
                                  18                                                 SABITA J. SONEJI (S.B.N. 224262)
                                                                                     ssoneji@tzlegal.com
                                  19                                                 1970 Broadway, Suite 1070
                                  20                                                 Oakland, California 94612
                                                                                     Telephone: (510) 254-6808
                                  21

                                  22

                                  23

                                  24

                                  25

                                  26

                                  27

                                  28
                                       Second Amended Class Action Complaint                                                          42


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