GitHub and Microsoft Use Plaintiff's Anonymity Against Them in Copyright Lawsuit

NOTICE OF MOTIONS AND MOTIONS

TO PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT on May 4, 2023 at 2:00 p.m., before the Honorable Jon S. Tigar seated in Courtroom 6 of the United States Courthouse at Oakland, California, with appearances to be made by Zoom videoconference unless otherwise ordered by the Court, Defendants GitHub, Inc. (“GitHub”) and Microsoft Corporation (“Microsoft”) will, and hereby do, move, pursuant to Federal Rules of Civil Procedure 9, 10, 12(b)(1) and 12(b)(6), to dismiss the operative Complaint in these consolidated actions, filed as ECF No. 1 in the 22-cv-07074 action (the “Complaint” or “Compl.”), in its entirety as to both GitHub and Microsoft. See ECF No. 47 (ordering consolidation and designation of the operative Complaint).

The grounds for the Motions are as follows. First, the Complaint should be dismissed in its entirety pursuant to Rules 10 and 12(b)(1) because Plaintiffs fail to identify themselves and fail to allege that they suffered any actual or threatened injury at the hands of either GitHub or Microsoft sufficient to give rise to a concrete controversy to be adjudicated by this Court. Second, the Complaint should be dismissed in its entirety pursuant to Rule 12(b)(6) (and Rule 9 with respect to Count IV for Fraud) because each and every one of the numerous claims for relief interposed against GitHub and Microsoft are either (a) legally foreclosed, (b) deficient because factual allegations required to support necessary elements are missing or implausible, or (c) both.