Decision On Motion To Dismiss In Atkinson v. Facebook, et. al.,
On December 7, 2020, Judge Richard Seeborg of the United States District Court for the Northern District of California issued his ruling on Facebook’s motion to dismiss in my lawsuit over their censorship of certain posts that I made. He ruled completely in favor of Facebook and dismissed my claims with prejudice. A copy of his decision can be found here.
Based on the questions that Judge Seeborg asked at oral argument, I am not surprised by his decision. Indeed, I predicted it in the immediate aftermath of the oral argument.
Do I think that his decision is wrong? Absolutely.
For now, I will consider my options for appealing his ruling to the Ninth Circuit.
After reading the judge’s decision, three points immediately came to mind. First, whether this was an occasion where FRCP sections 11(b)(2)-(3) were theoretically applicable. Second, whether MRCP 3.1 was pertinent. Third, whether pro se representation weakened the legitimacy of your suit.
Unrelatedly, I couldn’t help but chuckle at your banner head. I love the irony of “pulling oneself up by their bootstraps when that’s physically impossible.” I appreciate the humor (sarcasm?).
Hit the 9th then the Supreme Court!!!