Judge Threatens to Dismiss VPPA Case vs. Newsweek for Failure to Prosecute
U.S. District Judge Vernon Broderick for Southern New York in Manhattan threatened to dismiss plaintiff Emma Mendoza’s Video Privacy Protection Act class action against Newsweek Digital for failure to prosecute if the parties fail to file a proposed joint case…
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management plan and scheduling order by June 19, said his signed order Monday (docket 1:23-cv-00643). May 11 was Mendoza’s new deadline to oppose Newsweek Digital’s motion to dismiss, but Mendoza never filed an opposition or another extension request, said the order. The parties also ignored Broderick’s May 22 order to submit a joint letter and a proposed case management plan and scheduling order by June 5, it said. Mendoza’s Jan. 25 complaint alleges Newsweek Digital unlawfully tracks and discloses to Facebook its subscribers’ viewed video media and Facebook IDs without their consent (see 2301260043).