Case 5:17-cv-06064-LHK Document 54 Filed 03/26/18 Page 8 of 27 1 including judgments and other public filed documents, are proper subjects of judicial notice. See, 2 e.g., United States v. Black, 482 F.3d 1035, 1041 (9th Cir. 2007) (“[Courts] may take notice of 3 proceedings in other courts, both within and without the federal judicial system, if those 4 proceedings have a direct relation to matters at issue.”); Rothman v. Gregor, 220 F.3d 81, 92 (2d 5 Cir. 2000 (taking judicial notice of a filed complaint as a public record). However, to the extent any facts in documents subject to judicial notice are subject to United States District Court Northern District of California 6 7 reasonable dispute, the Court will not take judicial notice of those facts. See Lee v. City of L.A., 8 250 F.3d 668, 689 (9th Cir. 2001) (“A court may take judicial notice of matters of public record . . 9 . . But a court may not take judicial notice of a fact that is subject to reasonable dispute.” (internal 10 quotation marks and citation omitted)), overruled on other grounds by Galbraith v. Cty. of Santa 11 Clara, 307 F.3d 1119 (9th Cir. 2002). The Court agrees with Plaintiff that both the complaint in the instant case and the class 12 13 action complaint against Google are proper subjects of judicial notice because they are matters of 14 public record. See Rothman, 220 F.3d at 92 (taking judicial notice of a filed complaint as a public 15 record). However, because the facts alleged in both complaints are subject to reasonable dispute, 16 the Court will not take judicial notice of the facts contained within those complaints. Moreover, 17 the facts in the class action complaint against Google do not have a direct relation to the matters at 18 issue in the instant case. 19 III. DISCUSSION 20 As discussed above, Defendants have moved to dismiss Plaintiff’s complaint, and Plaintiff 21 has moved for a preliminary injunction. The Court first discusses Defendants’ motion to dismiss, 22 and then discusses Plaintiff’s motion for a preliminary injunction. 23 A. Defendants’ Motion to Dismiss 24 In their motion to dismiss, Defendants argue that Plaintiff’s complaint should be dismissed 25 because (1) the Communications Decency Act (“CDA”), 47 U.S.C. § 230(c), bars all of Plaintiff’s 26 causes of action except Plaintiff’s First Amendment claim, Mot. at 8–13; (2) the First Amendment 27 28 8 Case No. 17-CV-06064-LHK ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FEDERAL CAUSES OF ACTION; DISMISSING PLAINTIFF’S STATE LAW CAUSES OF ACTION; AND DENYING PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

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