Plaintiff in Case vs. Match Group Urges Denial of Motion to Reconsider
Defendant Match Group and its affiliated dating websites, via their June 15 motion to reconsider (see 2306160044), ask U.S. District Judge Manish Shah for Northern Illinois in Chicago to abandon “a well-reasoned decision because they regret the result of their…
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own litigation decisions,” said plaintiff Marcus Baker’s opposition Thursday (docket 1:22-cv-06924). Match Group’s motion asserts Shah’s May 31 ruling denying its motion to dismiss erred by deciding the issue of small claims court jurisdiction instead of leaving it for the small claims court to decide. It also contends Shah mistakenly ruled small claims courts lack jurisdiction over Baker’s claims. The defendants seek reconsideration of Shah’s “correctly decided” order, “neither on the basis of newly discovered facts nor because the controlling law has changed,” said Baker’s opposition. They instead contend the court committed a “manifest error of law” because it failed to account for arguments the defendants could have made, “but knowingly elected not to make, in support of their original motion” to dismiss,” it said. Their dissatisfaction with the result of their motion, and their “belated presentment of arguments” they failed to include in their original motion aren’t valid bases for reconsideration, it said, so the motion for reconsideration should be denied. Baker alleges Match Group and its affiliated dating websites collect, analyze and use unique biometric identifiers associated with people’s faces in photos uploaded to their apps and websites without disclosing or acknowledging the collection or requesting consent.