Case 2:21-cv-00031-BJR Document 34 Filed 01/21/21 Page 7 of 14 1 2 3 4 5 6 of conspiracy will not suffice.”). In contrast, AWS has submitted the sworn declaration of an AWS executive, explicitly denying the existence of any such agreement: To my knowledge, AWS and Twitter have never discussed, much less agreed upon, any policy, practice, or act directed at Parler. To the contrary, we have an internal policy never to discuss matters involving one customer with another customer. Nobody in my organization would be authorized to discuss Parler with Twitter without my authorization, knowledge, or involvement. I have not authorized any AWS employee to discuss Parler with Twitter, and I have not been involved personally in any such discussion. 7 Decl. of Amazon Exec. 1, (“Exec. 1 Decl.”), ¶ 8. 8 9 Indeed, Parler has failed to do more than raise the specter of preferential treatment of 10 Twitter by AWS. The sum of its allegation is that “by pulling the plug on Parler but leaving 11 Twitter alone despite identical conduct by users on both sites, AWS reveals that its expressed 12 reasons for suspending Parler’s account are but pretext.” Compl., ¶ 26. But Parler and Twitter are 13 not similarly situated, because AWS does not provide online hosting services to Twitter. Parler’s 14 unsupported allegation that “AWS provides online hosting services to both Parler and Twitter” is 15 explicitly denied in a sworn declaration by an AWS executive. See Exec. 1 Decl., ¶¶ 5, 6 16 17 (“Twitter’s principal social-media service (the “Twitter Feed”) does not run on AWS. . . . On 18 December 15, 2020, AWS announced that it signed an agreement with Twitter for AWS to begin 19 servicing the Twitter Feed for the first time. . . . We do not yet service the Twitter Feed, and I am 20 not aware of any particular timeline for doing so.”). Thus, as AWS asserts, “it could not have 21 22 suspended access to Twitter’s content” because “it does not host Twitter.” Opp. Br. at 7; see Exec. 1 Decl., ¶¶ 5, 7 (“Because the Twitter Feed does not run on AWS, the Twitter Feed (and 23 24 25 any tweets on the Twitter Feed) are not subject to, and thus cannot violate, Amazon’s Acceptable Use Policy.”). 7