Epidemic Sound, AB v. Meta Platforms, Inc.

3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA EPIDEMIC SOUND, AB, Case No. 22-cv-04223-JSC 7 Plaintiff, ORDER ON MOTION TO DISMISS v. Re: Dkt. No. 29 META PLATFORMS, INC., Defendant.

12 Epidemic Sound (“Plaintiff”) brings this lawsuit for copyright infringement against Meta Platforms (“Defendant”). (Dkt. No. 1.)1 Defendant moves to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). (Dkt. No. 29.) In the alternative, Defendant moves for a more definite statement under Rule 12(e). (Id.) After carefully considering the briefing submitted, the Court concludes oral argument is unnecessary, see Civ. L.R. 7-1(b), vacates the hearing scheduled for December 1, 2022, GRANTS the request for judicial notice, and DENIES Defendant’s motion.

19 The complaint provides “fair notice of what the . . . claim is and the grounds upon which it rests,” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (cleaned up), and Plaintiff pleads “factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged,” Ashcroft v. Iqbal, 556 U.S. 662, 663 (2009). Moreover, Defendant’s motion improperly relies on materials outside the complaint—such as pre-suit investigations and Plaintiff’s website information. (Dkt. No. 29 at 14, 15 n.19.) An initial Case Management Conference is set for January 12, 2023 at 1:30 p.m. via Zoom video. A joint Case Management Statement is due one week in advance.

1 This Order disposes of Docket Nos. 29 and 30.

2 IT IS SO ORDERED.

3 Dated: November 28, 2022 4 re ACQUELINE SCOTT CORLE 5 United States District Judge

© = 17 Z 18