Judge Eumi Lee dismissed Beulier’s two DMCA CMI removal claims on the same grounds Judge Breyer did in Beaulier v. Meta.
The Order states: “Having considered the parties’ briefs 20 26 29 and relevant legal authority, Defendant’s 20 motion to dismiss is GRANTED with leave to amend. Civ. L.R. 7-1(b). The Court finds Judge Breyer’s opinion in Beaulier v. Meta Platforms, Inc., No. 26-cv-2632-CRB (N.D. Cal.), ECF No. 32, to be persuasive and adopts the reasoning set forth therein. Plaintiff may file an amended complaint within twenty-one days of this Order, which shall be accompanied by a redline comparing it to the original complaint. Defendant must meet and confer with Plaintiff at least seven days before filing any motion to dismiss. See Standing Order for Civil Cases § 8(A). Because Defendant’s motion to dismiss is resolved, the Court TERMINATES as moot Defendant’s 21 motion to stay. Discovery is STAYED pending further order of the Court. When a complaint “fail[s] to satisfy Rule 8’s plausibility standard,” the district court lacks “discretion to permit discovery” on the dismissed claims. Mujica v. AirScan Inc., 771 F.3d 580, 593 n.7 (9th Cir. 2014); see also In re German Auto. Mfrs. Antitrust Litig., 335 F.R.D. 407, 409 (N.D. Cal. 2020) (“Once a court has found a plaintiff’s complaint deficient under Rule 8, that plaintiff is no longer entitled to plausibility discovery.”). Here, Plaintiff’s allegations have been dismissed for failure to plausibly state a claim, and Plaintiff is not entitled to discovery. The hearing scheduled for 10/28/2026 is VACATED, and the initial case management conference is CONTINUED to 1/27/2027, at 1:30 p.m. Entered by Judge Eumi K. Lee on 10/23/2026.”
For Judge Breyer’s opinion, go to the link below:
