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2 COVINGTON & BURLING LLP
3 Ashley M. Simonsen, SBN 275203
asimonsen@cov.com
4 1999 Avenue of the Stars
Los Angeles, CA 90067
5 Tel.: 424-332-4800
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Attorneys for Defendants Meta Platforms, Inc.
7 f/k/a Facebook, Inc.; Facebook Holdings, LLC;
Facebook Operations, LLC; Facebook Payments,
8 Inc.; Facebook Technologies, LLC;
Instagram, LLC; and Siculus, Inc.
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[Additional Counsel on Signature Page]
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12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 FOR THE COUNTY OF LOS ANGELES
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COORDINATION PROCEEDING SPECIAL JUDICIAL COUNCIL COORDINATION
15 TITLE [RULE 3.400] PROCEEDING NO. 5255
16 SOCIAL MEDIA CASES For Filing Purposes: 22STCV21355
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Judge: Hon. Carolyn B. Kuhl
18 THIS DOCUMENT RELATES TO: SSC-12
19 ALL ACTIONS META DEFENDANTS’ MASTER
ANSWER TO PLAINTIFFS’ MASTER
20 (Christina Arlington Smith, et al. v. TikTok COMPLAINT (PERSONAL INJURY)
Inc., et al., Case No. 22STCV21355)
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 PRELIMINARY STATEMENT
2 Defendants Meta Platforms, Inc.; Facebook Holdings, LLC; Facebook Operations, LLC;
3 Facebook Payments, Inc.; Facebook Technologies, LLC; Instagram, LLC; and Siculus, Inc.
4 (collectively, “Meta” or the “Meta Defendants”), by and through their undersigned attorneys, hereby
5 submit this Master Answer and Affirmative Defenses (“Answer”) to Plaintiffs’ Master Complaint
6 (Personal Injury) (“Master Complaint”) in Judicial Council Coordination Proceeding No. 5255.
7 GENERAL DENIAL
8 Pursuant to California Code of Civil Procedure section 431.30(d), Meta denies generally each
9 and every allegation in Plaintiffs’ Master Complaint, including each and every purported cause of action
10 set forth therein. Meta further denies that Plaintiffs have been injured or damaged in any way by, or are
11 entitled to any relief whatsoever against, Meta as pleaded in the Master Complaint.
12 AFFIRMATIVE AND OTHER DEFENSES
13 Without admitting any of the allegations of the Complaint and without admitting or
14 acknowledging that Meta bears any burden of proof as to any of them, Meta asserts the following
15 affirmative and other defenses—all of which are in addition to Plaintiffs' inability to carry their burden
16 of proving the elements of their claims, including but not limited to duty, breach, reliance, causation,
17 injury, damages, and the existence of actionable misrepresentations or omissions:
18 1. (Lack of Standing) Plaintiffs’ claims are barred in whole or in part because Plaintiffs lack
19 standing to assert some or all of the causes of action alleged and to obtain some or all of the relief
20 requested.
21 2. (Third Party Fault) A percentage of each Plaintiff's alleged injury or loss, if proven, is
22 attributable to (i) other parties from whom Plaintiffs seek recovery in this action, and (ii) persons from
23 whom Plaintiffs do not seek recovery in this action. Plaintiffs’ claims are barred and/or Plaintiffs’
24 damages must be reduced, in whole or in part, because of the contributory and/or comparative fault of
25 third parties who caused or contributed to Plaintiffs’ alleged injuries.
26 3. (Third-Party Fault – Use of Other Services) Meta is not liable for any alleged harm
27 Plaintiffs sustained as a result of Plaintiffs' use of (i) another defendant's services; or (ii) any non-party's
28 website, app, online service, or other good, product, service or intangible.
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 4. (Contributory or Comparative Fault of Plaintiffs) A percentage of each Plaintiff's alleged
2 injury or loss, if proven, is attributable to the conduct of Plaintiff(s) and/or others acting on Plaintiffs’
3 behalf, including the legal guardian or guardians of Plaintiffs. Plaintiffs’ claims are barred and/or
4 Plaintiffs’ damages must be reduced, in whole or in part, because Plaintiffs’ alleged damages were
5 caused by the contributory or comparative fault of Plaintiffs and/or others acting on Plaintiffs’ behalf,
6 because Plaintiffs knowingly encountered the alleged risks on Meta’s services, and because the principle
7 of secondary assumption of risk applies to Plaintiffs’ claims.
8 5. (Independent, Intervening, or Superseding Causation) Plaintiffs’ alleged injuries, in
9 whole or in part, resulted from independent, intervening, and/or superseding causes, including but not
10 limited to their own intentional actions, for which Meta is not legally responsible and which were not
11 foreseeable.
12 6. (Assumption of Risk) Meta owes no duty of care towards Plaintiffs in regard to the
13 alleged inherent risks of Meta’s services, and any recovery against Meta is barred or limited under the
14 principle of primary assumption of risk, both express and implied.
15 7. (Misuse) Plaintiffs’ alleged injuries and damages, if any, were caused or contributed to,
16 directly and proximately, in whole or in part, by misuse, unauthorized use, unintended use,
17 unforeseeable use and/or improper use of the service(s) at issue in this matter.
18 8. (Unclean Hands) Plaintiffs' claims are barred, in whole or in part, by the equitable
19 doctrine of unclean hands, including to the extent Plaintiffs' claims are brought despite violating Meta’s
20 Terms of Service and/or Terms of Use.
21 9. (Fraud, Illegality, or Improper Conduct in Accessing Meta’s Services) Plaintiffs’ claims
22 are barred, in whole or in part, because Plaintiffs procured Meta’s services through conduct that was
23 fraudulent, illegal, or otherwise improper. Meta’s services were and continue to be age- restricted.
24 Plaintiffs who began using Meta’s services below the permitted age unlawfully obtained Meta’s services
25 while underage and through the use of deception, fraud, or other improper conduct, such as through
26 misrepresentation of their true ages, use of fake identification, or attempts to circumvent age-gating
27 technology.
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 10. (Illegality) Plaintiffs’ claims are barred in whole or in part by the illegality of Plaintiffs’
2 own actions.
3 11. (Conduct Not Willful) To the extent Meta engaged in any wrongful conduct, such
4 conduct was not willful.
5 12. (Preemption) Plaintiffs’ claims are barred, in whole or in part, because Plaintiffs’ claims
6 are expressly or impliedly preempted, in whole or in part, by federal or state law.
7 13. (Protected Speech) Plaintiffs’ claims are barred, in whole or in part, to the extent they
8 seek to impose sanctions on Meta for engaging in protected activity under the First Amendment to the
9 United States Constitution and similar provisions of state constitutions, including under the Free Speech
10 Clause to the California Constitution (Cal. Const. art. 1, § 2).
11 14. (Communications Decency Act) Plaintiffs’ claims are barred in whole or in part by the
12 Communications Decency Act.
13 15. (Adequate Remedy at Law) Plaintiffs’ equitable claims are barred, in whole or in part,
14 because Plaintiffs have an adequate remedy at law, because Plaintiffs have no factual or legal basis for
15 the grant of equitable relief, and because Plaintiffs’ alleged equitable relief would duplicate legal
16 remedies that are alleged.
17 16. (Failure to Mitigate Damages) Plaintiffs are barred from recovery of damages in whole or
18 in part because of and to the extent of Plaintiffs’ failure to avoid or mitigate any such damages,
19 including but not limited to Plaintiffs' failure to cease using Meta’s services, including after filing this
20 lawsuit; failure to seek medical or other assistance in an effort to cease using Meta’s services; or failure
21 to otherwise seek medical or other assistance in an effort to address their alleged injuries or harms.
22 17. (Duplicative Recovery) Plaintiffs’ claims are barred, in whole or in part, to the extent that
23 Plaintiffs seek damages that constitute duplicative recovery for the same conduct.
24 18. (Cap on Recovery) Plaintiffs’ claims are barred, reduced, and/or limited pursuant to any
25 applicable statutory and common law regarding limitations of awards, caps on recovery, and setoffs.
26 19. (Collateral Source) Meta is entitled to have any damages that may be awarded to
27 Plaintiffs reduced by the value of any benefit or payment received, available, or to be received by
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 Plaintiffs from any collateral source such as indemnification, insurance, settlements with others,
2 charitable benefits, or governmental benefits.
3 20. (Statutes of Limitation and Repose) Plaintiffs’ claims are barred by the applicable statutes
4 of limitations and repose because Plaintiffs bring claims and allege injuries based upon alleged conduct
5 that occurred outside the limitations and repose periods.
6 21. (Laches) Plaintiffs’ claims are barred, in whole or in part, by the equitable doctrine of
7 laches to the extent Plaintiffs unreasonably delayed before pursuing their purported claims.
8 22. (Mootness) Plaintiffs’ claims are barred to the extent they are moot, because Plaintiffs
9 have made numerous allegations about historical practices or other practices that have ceased and that
10 cannot support a request for injunctive or other relief.
11 23. (No Punitive Damages) Punitive or exemplary damages are not recoverable by Plaintiffs
12 because Plaintiffs have failed to allege or establish any conduct that would support an award of punitive
13 or exemplary damages.
14 24. (No Punitive Damages – Statutory/Constitutional Bar) Plaintiffs’ claims for punitive or
15 exemplary damages or other civil penalties are barred or reduced by applicable law or statute or, in the
16 alternative, are unconstitutional insofar as they violate the due process protections afforded by the
17 United States Constitution, the excessive fines clause of the Eighth Amendment of the United States
18 Constitution, the Full Faith and Credit Clause of the United States Constitution, and applicable
19 provisions of the Constitution of this State or that of any other state whose laws may apply.
20 25. (Failure to State a Claim) The Complaint and each claim contained therein fails to state a
21 claim upon which relief can be granted, fails to state facts sufficient to constitute a cause of action, and
22 fails to plead cognizable injury.
23 26. (Pre-Existing Conditions) Plaintiffs’ damages, if any, were the direct result of pre-
24 existing medical conditions, and/or occurred by operation of nature or as a result of circumstances over
25 which Meta had and continues to have no control.
26 27. (Negligence of Third Parties) Meta asserts its right to a proportionate reduction of any
27 damages found against Meta based on the negligence or other conduct of any settling tortfeasor and/or
28 responsible third party and/or Plaintiff.
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 28. (Unjust Enrichment of Plaintiffs) Plaintiffs’ claims for damages are barred because they
2 would be unjustly enriched if they recovered any monetary relief.
3 29. (Attorneys’ Fees Unavailable) Plaintiffs’ request for attorneys’ fees in this action is
4 barred because it lacks any basis in law.
5 30. (Arbitration) Plaintiffs’ claims are barred in whole or in part to the extent that Plaintiffs
6 agreed to binding arbitration agreements and have no right to recovery outside of arbitration.
7 31. (Failure to Join Indispensable Parties) Plaintiffs have failed to join necessary or
8 indispensable parties.
9 32. (Improper Joinder) The claims asserted against Meta and other Defendants do not arise
10 out of the same transactions or occurrences as required for joinder of parties.
11 33. (Notice) Plaintiffs cannot obtain relief on their claims based on actions undertaken by
12 Meta of which Meta provided notice of all reasonable facts, including by notice provided through
13 Meta’s Terms of Service.
14 34. (Discharge of Obligations) Meta appropriately, completely, and fully discharged any and
15 all obligations arising out of the matters alleged in the Complaint.
16 35. (Liability or Damages on the Basis of Market Share) Plaintiffs’ claims are barred to the
17 extent that they are based on a theory of liability or damages on the basis of market share.
18 36. (Ripeness) Plaintiffs’ claims are not ripe.
19 37. (Real Party in Interest) Plaintiffs’ claims are barred because Plaintiffs are not the real
20 parties in interest.
21 38. (Defenses Against Claims Made on Behalf of Others) Plaintiffs’ claims are subject to all
22 defenses that could be asserted if Plaintiffs’ claims were properly made by individuals on whose behalf
23 or for whose alleged damages Plaintiffs seek to recover.
24 39. (Plaintiffs’ Unjust Enrichment Claim Is Derivative) To the extent Plaintiffs assert
25 theories of relief based on principles of unjust enrichment, those claims are barred, in whole or in part,
26 as entirely derivative of Plaintiffs’ other, legally deficient claims.
27 40. (Consent) Plaintiffs have consented to and/or ratified the conduct alleged in the
28 complaint.
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 41. (Estoppel) Plaintiffs’ claims are barred in whole or in part by the doctrine of estoppel
2 based on Plaintiffs’ own actions.
3 42. (Contract) Plaintiffs’ claims are barred in whole or in part by contracts and/or agreements
4 they entered into with Meta or third parties.
5 43. (Economic Loss Rule) Plaintiffs’ claims are barred, in whole or in part, by the economic
6 loss rule.
7 44. (Set-Off/Recoupment) Meta is not liable for the full amount of the claims to the extent
8 Meta is entitled to set-off or recoup the amounts on which any Plaintiff is delinquent on any payments
9 owed to Meta.
10 45. (Claim and/or Issue Preclusion) Plaintiffs’ claims are barred, in whole or in part, by the
11 doctrines of claim and/or issue preclusion to the extent that Plaintiffs have brought other lawsuits against
12 Meta that reach judgment before this action reaches judgment.
13 46. (Proportionate Fault of Agents, Employees, Contractors) To the extent any agents,
14 employees, or contractors of Meta caused any of the damages alleged by Plaintiffs, such agents,
15 employees, or contractors were acting outside the scope of agency employment, or contract with Meta,
16 and any recovery against Meta must be reduced by the proportionate fault of such agents, employees, or
17 contractors.
18 47. (Justification) Plaintiffs’ claims, are barred, in whole or in part, because to the extent
19 Meta engaged in any of the alleged acts, omissions, or conduct, it did so with justification.
20 48. (Ordinary Course of Business) Plaintiffs’ claims are barred, in whole or in part, because
21 at all relevant times, Meta’s actions were within the ordinary course of business.
22 49. (Lack of Capacity to Assert Claims) Plaintiffs have no capacity, authority or right to
23 assert some or all of their claims.
24 50. (Opportunity to Cure) Plaintiffs’ claims are barred, in whole or in part, to the extent that
25 Plaintiffs failed to provide Meta with notice of and a reasonable opportunity to cure the alleged defects.
26 51. (Defenses Reserved) Meta hereby gives notice that it reserves the right to rely upon any
27 other applicable defense set forth in any Answer of any other Defendant in this Action, reserves the right
28 to rely upon any other defense that may become apparent as discovery progresses in this matter, and
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 reserves its right to amend its Answer and to assert any such defense. Meta also reserves the right to
2 amend its Answer and to assert any such defense should Plaintiffs at any time hereafter purport to raise,
3 rely on, or otherwise seek to proceed on any claim or theory stated in their Complaint that has been
4 dismissed.
5 PRAYER FOR RELIEF
6 Meta prays for the following:
7 1. That Plaintiffs take nothing by reason of their Complaint;
8 2. That judgement be rendered in favor of Meta;
9 3. That Meta be awarded costs and expenses incurred in defense of this action; and
10 4. For all such other relief as the Court deems just and proper.
11 DATED: January 16, 2024 COVINGTON & BURLING LLP
12 By: /s/ Ashley M. Simonsen
Ashley M. Simonsen
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14 ASHLEY M. SIMONSEN, SBN 275203
asimonsen@cov.com
15 COVINGTON & BURLING LLP
1999 Avenue of the Stars
16 Los Angeles, CA 90067
17 Tel.: 424-332-4800
18 EMILY JOHNSON HENN, SBN 269482
ehenn@cov.com
19 COVINGTON & BURLING LLP
3000 El Camino Real
20 5 Palo Alto Square, 10th Floor
21 Palo Alto, CA 94306
Tel.: 650-632-4700
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MARK W. MOSIER, pro hac vice forthcoming
23 mmosier@cov.com
PHYLLIS A. JONES, pro hac vice
24 pajones@cov.com
25 PAUL W. SCHMIDT, pro hac vice
pschmidt@cov.com
26 MICHAEL X. IMBROSCIO, pro hac vice pending
mimbroscio@cov.com
27 COVINGTON & BURLING LLP
One City Center
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 850 Tenth Street, NW
Washington, DC 20001
2 Tel.: 202-662-6000
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Attorneys for Defendants Meta Platforms, Inc.
4 f/k/a Facebook, Inc.; Facebook Holdings, LLC;
Facebook Operations, LLC; Facebook Payments,
5 Inc.; Facebook Technologies, LLC;
Instagram, LLC; and Siculus, Inc.
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
1 CERTIFICATE OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3 At the time of service, I was over 18 years of age and not a party to this action. I am employed in
the District of Columbia. My business address is Covington & Burling LLP, One CityCenter, 850 Tenth
4 Street, NW, Washington, DC 20001.
5 On January 19, 2024, I served true copies of the following document(s) described as
6 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT
7 (PERSONAL INJURY)
8 on the interested parties in the action pursuant to the most recent Master Service List as follows:
9 BY ELECTRONIC SERVICE VIA CASE ANYWHERE: In accordance with the Court’s
Order Authorizing Electronic Service requiring all documents to be served upon interested parties via
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the Case Anywhere System.
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Executed on January 19, 2024, at District of Columbia.
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______________________________
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15 Carly B. Russell
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META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)
Preview
1 2 COVINGTON & BURLING LLP 3 Ashley M. Simonsen, SBN 275203 asimonsen@cov.com 4 1999 Avenue of the Stars Los Angeles, CA 90067 5 Tel.: 424-332-4800 6 Attorneys for Defendants Meta Platforms, Inc. 7 f/k/a Facebook, Inc.; Facebook Holdings, LLC; Facebook Operations, LLC; Facebook Payments, 8 Inc.; Facebook Technologies, LLC; Instagram, LLC; and Siculus, Inc. 9 [Additional Counsel on Signature Page] 10 11 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF LOS ANGELES 14 COORDINATION PROCEEDING SPECIAL JUDICIAL COUNCIL COORDINATION 15 TITLE [RULE 3.400] PROCEEDING NO. 5255 16 SOCIAL MEDIA CASES For Filing Purposes: 22STCV21355 17 Judge: Hon. Carolyn B. Kuhl 18 THIS DOCUMENT RELATES TO: SSC-12 19 ALL ACTIONS META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER 20 (Christina Arlington Smith, et al. v. TikTok COMPLAINT (PERSONAL INJURY) Inc., et al., Case No. 22STCV21355) 21 22 23 24 25 26 27 28 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 PRELIMINARY STATEMENT 2 Defendants Meta Platforms, Inc.; Facebook Holdings, LLC; Facebook Operations, LLC; 3 Facebook Payments, Inc.; Facebook Technologies, LLC; Instagram, LLC; and Siculus, Inc. 4 (collectively, “Meta” or the “Meta Defendants”), by and through their undersigned attorneys, hereby 5 submit this Master Answer and Affirmative Defenses (“Answer”) to Plaintiffs’ Master Complaint 6 (Personal Injury) (“Master Complaint”) in Judicial Council Coordination Proceeding No. 5255. 7 GENERAL DENIAL 8 Pursuant to California Code of Civil Procedure section 431.30(d), Meta denies generally each 9 and every allegation in Plaintiffs’ Master Complaint, including each and every purported cause of action 10 set forth therein. Meta further denies that Plaintiffs have been injured or damaged in any way by, or are 11 entitled to any relief whatsoever against, Meta as pleaded in the Master Complaint. 12 AFFIRMATIVE AND OTHER DEFENSES 13 Without admitting any of the allegations of the Complaint and without admitting or 14 acknowledging that Meta bears any burden of proof as to any of them, Meta asserts the following 15 affirmative and other defenses—all of which are in addition to Plaintiffs' inability to carry their burden 16 of proving the elements of their claims, including but not limited to duty, breach, reliance, causation, 17 injury, damages, and the existence of actionable misrepresentations or omissions: 18 1. (Lack of Standing) Plaintiffs’ claims are barred in whole or in part because Plaintiffs lack 19 standing to assert some or all of the causes of action alleged and to obtain some or all of the relief 20 requested. 21 2. (Third Party Fault) A percentage of each Plaintiff's alleged injury or loss, if proven, is 22 attributable to (i) other parties from whom Plaintiffs seek recovery in this action, and (ii) persons from 23 whom Plaintiffs do not seek recovery in this action. Plaintiffs’ claims are barred and/or Plaintiffs’ 24 damages must be reduced, in whole or in part, because of the contributory and/or comparative fault of 25 third parties who caused or contributed to Plaintiffs’ alleged injuries. 26 3. (Third-Party Fault – Use of Other Services) Meta is not liable for any alleged harm 27 Plaintiffs sustained as a result of Plaintiffs' use of (i) another defendant's services; or (ii) any non-party's 28 website, app, online service, or other good, product, service or intangible. 2 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 4. (Contributory or Comparative Fault of Plaintiffs) A percentage of each Plaintiff's alleged 2 injury or loss, if proven, is attributable to the conduct of Plaintiff(s) and/or others acting on Plaintiffs’ 3 behalf, including the legal guardian or guardians of Plaintiffs. Plaintiffs’ claims are barred and/or 4 Plaintiffs’ damages must be reduced, in whole or in part, because Plaintiffs’ alleged damages were 5 caused by the contributory or comparative fault of Plaintiffs and/or others acting on Plaintiffs’ behalf, 6 because Plaintiffs knowingly encountered the alleged risks on Meta’s services, and because the principle 7 of secondary assumption of risk applies to Plaintiffs’ claims. 8 5. (Independent, Intervening, or Superseding Causation) Plaintiffs’ alleged injuries, in 9 whole or in part, resulted from independent, intervening, and/or superseding causes, including but not 10 limited to their own intentional actions, for which Meta is not legally responsible and which were not 11 foreseeable. 12 6. (Assumption of Risk) Meta owes no duty of care towards Plaintiffs in regard to the 13 alleged inherent risks of Meta’s services, and any recovery against Meta is barred or limited under the 14 principle of primary assumption of risk, both express and implied. 15 7. (Misuse) Plaintiffs’ alleged injuries and damages, if any, were caused or contributed to, 16 directly and proximately, in whole or in part, by misuse, unauthorized use, unintended use, 17 unforeseeable use and/or improper use of the service(s) at issue in this matter. 18 8. (Unclean Hands) Plaintiffs' claims are barred, in whole or in part, by the equitable 19 doctrine of unclean hands, including to the extent Plaintiffs' claims are brought despite violating Meta’s 20 Terms of Service and/or Terms of Use. 21 9. (Fraud, Illegality, or Improper Conduct in Accessing Meta’s Services) Plaintiffs’ claims 22 are barred, in whole or in part, because Plaintiffs procured Meta’s services through conduct that was 23 fraudulent, illegal, or otherwise improper. Meta’s services were and continue to be age- restricted. 24 Plaintiffs who began using Meta’s services below the permitted age unlawfully obtained Meta’s services 25 while underage and through the use of deception, fraud, or other improper conduct, such as through 26 misrepresentation of their true ages, use of fake identification, or attempts to circumvent age-gating 27 technology. 28 3 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 10. (Illegality) Plaintiffs’ claims are barred in whole or in part by the illegality of Plaintiffs’ 2 own actions. 3 11. (Conduct Not Willful) To the extent Meta engaged in any wrongful conduct, such 4 conduct was not willful. 5 12. (Preemption) Plaintiffs’ claims are barred, in whole or in part, because Plaintiffs’ claims 6 are expressly or impliedly preempted, in whole or in part, by federal or state law. 7 13. (Protected Speech) Plaintiffs’ claims are barred, in whole or in part, to the extent they 8 seek to impose sanctions on Meta for engaging in protected activity under the First Amendment to the 9 United States Constitution and similar provisions of state constitutions, including under the Free Speech 10 Clause to the California Constitution (Cal. Const. art. 1, § 2). 11 14. (Communications Decency Act) Plaintiffs’ claims are barred in whole or in part by the 12 Communications Decency Act. 13 15. (Adequate Remedy at Law) Plaintiffs’ equitable claims are barred, in whole or in part, 14 because Plaintiffs have an adequate remedy at law, because Plaintiffs have no factual or legal basis for 15 the grant of equitable relief, and because Plaintiffs’ alleged equitable relief would duplicate legal 16 remedies that are alleged. 17 16. (Failure to Mitigate Damages) Plaintiffs are barred from recovery of damages in whole or 18 in part because of and to the extent of Plaintiffs’ failure to avoid or mitigate any such damages, 19 including but not limited to Plaintiffs' failure to cease using Meta’s services, including after filing this 20 lawsuit; failure to seek medical or other assistance in an effort to cease using Meta’s services; or failure 21 to otherwise seek medical or other assistance in an effort to address their alleged injuries or harms. 22 17. (Duplicative Recovery) Plaintiffs’ claims are barred, in whole or in part, to the extent that 23 Plaintiffs seek damages that constitute duplicative recovery for the same conduct. 24 18. (Cap on Recovery) Plaintiffs’ claims are barred, reduced, and/or limited pursuant to any 25 applicable statutory and common law regarding limitations of awards, caps on recovery, and setoffs. 26 19. (Collateral Source) Meta is entitled to have any damages that may be awarded to 27 Plaintiffs reduced by the value of any benefit or payment received, available, or to be received by 28 4 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 Plaintiffs from any collateral source such as indemnification, insurance, settlements with others, 2 charitable benefits, or governmental benefits. 3 20. (Statutes of Limitation and Repose) Plaintiffs’ claims are barred by the applicable statutes 4 of limitations and repose because Plaintiffs bring claims and allege injuries based upon alleged conduct 5 that occurred outside the limitations and repose periods. 6 21. (Laches) Plaintiffs’ claims are barred, in whole or in part, by the equitable doctrine of 7 laches to the extent Plaintiffs unreasonably delayed before pursuing their purported claims. 8 22. (Mootness) Plaintiffs’ claims are barred to the extent they are moot, because Plaintiffs 9 have made numerous allegations about historical practices or other practices that have ceased and that 10 cannot support a request for injunctive or other relief. 11 23. (No Punitive Damages) Punitive or exemplary damages are not recoverable by Plaintiffs 12 because Plaintiffs have failed to allege or establish any conduct that would support an award of punitive 13 or exemplary damages. 14 24. (No Punitive Damages – Statutory/Constitutional Bar) Plaintiffs’ claims for punitive or 15 exemplary damages or other civil penalties are barred or reduced by applicable law or statute or, in the 16 alternative, are unconstitutional insofar as they violate the due process protections afforded by the 17 United States Constitution, the excessive fines clause of the Eighth Amendment of the United States 18 Constitution, the Full Faith and Credit Clause of the United States Constitution, and applicable 19 provisions of the Constitution of this State or that of any other state whose laws may apply. 20 25. (Failure to State a Claim) The Complaint and each claim contained therein fails to state a 21 claim upon which relief can be granted, fails to state facts sufficient to constitute a cause of action, and 22 fails to plead cognizable injury. 23 26. (Pre-Existing Conditions) Plaintiffs’ damages, if any, were the direct result of pre- 24 existing medical conditions, and/or occurred by operation of nature or as a result of circumstances over 25 which Meta had and continues to have no control. 26 27. (Negligence of Third Parties) Meta asserts its right to a proportionate reduction of any 27 damages found against Meta based on the negligence or other conduct of any settling tortfeasor and/or 28 responsible third party and/or Plaintiff. 5 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 28. (Unjust Enrichment of Plaintiffs) Plaintiffs’ claims for damages are barred because they 2 would be unjustly enriched if they recovered any monetary relief. 3 29. (Attorneys’ Fees Unavailable) Plaintiffs’ request for attorneys’ fees in this action is 4 barred because it lacks any basis in law. 5 30. (Arbitration) Plaintiffs’ claims are barred in whole or in part to the extent that Plaintiffs 6 agreed to binding arbitration agreements and have no right to recovery outside of arbitration. 7 31. (Failure to Join Indispensable Parties) Plaintiffs have failed to join necessary or 8 indispensable parties. 9 32. (Improper Joinder) The claims asserted against Meta and other Defendants do not arise 10 out of the same transactions or occurrences as required for joinder of parties. 11 33. (Notice) Plaintiffs cannot obtain relief on their claims based on actions undertaken by 12 Meta of which Meta provided notice of all reasonable facts, including by notice provided through 13 Meta’s Terms of Service. 14 34. (Discharge of Obligations) Meta appropriately, completely, and fully discharged any and 15 all obligations arising out of the matters alleged in the Complaint. 16 35. (Liability or Damages on the Basis of Market Share) Plaintiffs’ claims are barred to the 17 extent that they are based on a theory of liability or damages on the basis of market share. 18 36. (Ripeness) Plaintiffs’ claims are not ripe. 19 37. (Real Party in Interest) Plaintiffs’ claims are barred because Plaintiffs are not the real 20 parties in interest. 21 38. (Defenses Against Claims Made on Behalf of Others) Plaintiffs’ claims are subject to all 22 defenses that could be asserted if Plaintiffs’ claims were properly made by individuals on whose behalf 23 or for whose alleged damages Plaintiffs seek to recover. 24 39. (Plaintiffs’ Unjust Enrichment Claim Is Derivative) To the extent Plaintiffs assert 25 theories of relief based on principles of unjust enrichment, those claims are barred, in whole or in part, 26 as entirely derivative of Plaintiffs’ other, legally deficient claims. 27 40. (Consent) Plaintiffs have consented to and/or ratified the conduct alleged in the 28 complaint. 6 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 41. (Estoppel) Plaintiffs’ claims are barred in whole or in part by the doctrine of estoppel 2 based on Plaintiffs’ own actions. 3 42. (Contract) Plaintiffs’ claims are barred in whole or in part by contracts and/or agreements 4 they entered into with Meta or third parties. 5 43. (Economic Loss Rule) Plaintiffs’ claims are barred, in whole or in part, by the economic 6 loss rule. 7 44. (Set-Off/Recoupment) Meta is not liable for the full amount of the claims to the extent 8 Meta is entitled to set-off or recoup the amounts on which any Plaintiff is delinquent on any payments 9 owed to Meta. 10 45. (Claim and/or Issue Preclusion) Plaintiffs’ claims are barred, in whole or in part, by the 11 doctrines of claim and/or issue preclusion to the extent that Plaintiffs have brought other lawsuits against 12 Meta that reach judgment before this action reaches judgment. 13 46. (Proportionate Fault of Agents, Employees, Contractors) To the extent any agents, 14 employees, or contractors of Meta caused any of the damages alleged by Plaintiffs, such agents, 15 employees, or contractors were acting outside the scope of agency employment, or contract with Meta, 16 and any recovery against Meta must be reduced by the proportionate fault of such agents, employees, or 17 contractors. 18 47. (Justification) Plaintiffs’ claims, are barred, in whole or in part, because to the extent 19 Meta engaged in any of the alleged acts, omissions, or conduct, it did so with justification. 20 48. (Ordinary Course of Business) Plaintiffs’ claims are barred, in whole or in part, because 21 at all relevant times, Meta’s actions were within the ordinary course of business. 22 49. (Lack of Capacity to Assert Claims) Plaintiffs have no capacity, authority or right to 23 assert some or all of their claims. 24 50. (Opportunity to Cure) Plaintiffs’ claims are barred, in whole or in part, to the extent that 25 Plaintiffs failed to provide Meta with notice of and a reasonable opportunity to cure the alleged defects. 26 51. (Defenses Reserved) Meta hereby gives notice that it reserves the right to rely upon any 27 other applicable defense set forth in any Answer of any other Defendant in this Action, reserves the right 28 to rely upon any other defense that may become apparent as discovery progresses in this matter, and 7 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 reserves its right to amend its Answer and to assert any such defense. Meta also reserves the right to 2 amend its Answer and to assert any such defense should Plaintiffs at any time hereafter purport to raise, 3 rely on, or otherwise seek to proceed on any claim or theory stated in their Complaint that has been 4 dismissed. 5 PRAYER FOR RELIEF 6 Meta prays for the following: 7 1. That Plaintiffs take nothing by reason of their Complaint; 8 2. That judgement be rendered in favor of Meta; 9 3. That Meta be awarded costs and expenses incurred in defense of this action; and 10 4. For all such other relief as the Court deems just and proper. 11 DATED: January 16, 2024 COVINGTON & BURLING LLP 12 By: /s/ Ashley M. Simonsen Ashley M. Simonsen 13 14 ASHLEY M. SIMONSEN, SBN 275203 asimonsen@cov.com 15 COVINGTON & BURLING LLP 1999 Avenue of the Stars 16 Los Angeles, CA 90067 17 Tel.: 424-332-4800 18 EMILY JOHNSON HENN, SBN 269482 ehenn@cov.com 19 COVINGTON & BURLING LLP 3000 El Camino Real 20 5 Palo Alto Square, 10th Floor 21 Palo Alto, CA 94306 Tel.: 650-632-4700 22 MARK W. MOSIER, pro hac vice forthcoming 23 mmosier@cov.com PHYLLIS A. JONES, pro hac vice 24 pajones@cov.com 25 PAUL W. SCHMIDT, pro hac vice pschmidt@cov.com 26 MICHAEL X. IMBROSCIO, pro hac vice pending mimbroscio@cov.com 27 COVINGTON & BURLING LLP One City Center 28 8 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 850 Tenth Street, NW Washington, DC 20001 2 Tel.: 202-662-6000 3 Attorneys for Defendants Meta Platforms, Inc. 4 f/k/a Facebook, Inc.; Facebook Holdings, LLC; Facebook Operations, LLC; Facebook Payments, 5 Inc.; Facebook Technologies, LLC; Instagram, LLC; and Siculus, Inc. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY) 1 CERTIFICATE OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 At the time of service, I was over 18 years of age and not a party to this action. I am employed in the District of Columbia. My business address is Covington & Burling LLP, One CityCenter, 850 Tenth 4 Street, NW, Washington, DC 20001. 5 On January 19, 2024, I served true copies of the following document(s) described as 6 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT 7 (PERSONAL INJURY) 8 on the interested parties in the action pursuant to the most recent Master Service List as follows: 9 BY ELECTRONIC SERVICE VIA CASE ANYWHERE: In accordance with the Court’s Order Authorizing Electronic Service requiring all documents to be served upon interested parties via 10 the Case Anywhere System. 11 Executed on January 19, 2024, at District of Columbia. 12 13 ______________________________ 14 15 Carly B. Russell 16 17 18 19 20 21 22 23 24 25 26 27 28 META DEFENDANTS’ MASTER ANSWER TO PLAINTIFFS’ MASTER COMPLAINT (PERSONAL INJURY)