Beruflich Dokumente
Kultur Dokumente
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JANE DOE NO. 1, JANE DOE NO. 2, and )
JANE DOE NO. 3, )
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Plaintiffs, )
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v. ) Docket No. C.A. 17-cv-11069-LTS
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BACKPAGE.COM, LLC, CARL )
FERRER, MICHAEL LACEY, and )
JAMES LARKIN, )
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Defendants.
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Defendants Backpage.com, LLC, Carl Ferrer, Michael Lacey, and James Larkin (the
“Defendants”) respectfully submit this Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) for
Plaintiffs Jane Does No. 1, 2 and 3 allege that while they were minors, they were
advertisements about them on Backpage.com. In this action, they seek to recover damages from
Defendants, the company that owns Backpage.com and its CEO and former owners, on the
theory that by providing a forum for those ads, Backpage.com is liable for their injuries.
Plaintiffs’ complaint merely repackages allegations that were held insufficient to state a
claim in Doe v. Backpage.com, LLC, 104 F. Supp. 3d 149 (D. Mass. 2015), aff’d, 817 F.3d 12 (1st
Cir. 2016), cert. denied, 137 S. Ct. 622 (2017) (“Doe No. 1”). Under that controlling authority, the
Court must apply the “broad protections” Congress afforded to Internet publishers in Section 230 of
the Communications Decency Act, 47 U.S.C. § 230 (“Section 230”), and dismiss this case. Id.
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Congress “intended that [websites] would not be held responsible for the postings made by
others [and] [n]o amount of artful pleading can avoid that result.” Universal Commc’n Sys., Inc.
v. Lycos, Inc., 478 F.3d 413, 418 (1st Cir. 2007). Plaintiffs’ claims also fail to state a claim for
Law.
Defendants believe that oral argument may assist the Court in the disposition of this
motion, and therefore they request a hearing pursuant to Local Rule 7.1(E).
Respectfully submitted,
By their attorneys,
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I hereby certify that the within document filed through the CM/ECF system will be sent
electronically to the registered participants as identified on the Notice of Electronic Filing and by
first-class mail to any non-registered participants.
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