Wendy Reneé Carlton v. Alphabet Inc., et al.

Summary

The United States District Court for the Eastern District of Louisiana grants motions to dismiss filed by ICANN and Microsoft in Wendy Reneé Carlton’s pro se action alleging Fourth and Fourteenth Amendment violations arising from purported surveillance and data-related conduct. The court dismisses Carlton’s claims against Microsoft without prejudice for lack of standing and her claims against ICANN without prejudice for lack of personal jurisdiction. The court alternatively concludes that the complaint fails to satisfy Rule 8 and does not state viable constitutional claims against the private defendants, and denies leave to amend as futile.

Holdings

1. Carlton lacked standing because she did not allege an actual, concrete, and particularized injury traceable to any specific act by Microsoft. Her claims against Microsoft were therefore dismissed without prejudice under Rule 12(b)(1).
2. ICANN was not subject to general or specific personal jurisdiction in Louisiana. Carlton did not show that ICANN had continuous and systematic Louisiana contacts, purposefully directed activities at Louisiana, or that her claims arose from ICANN's forum-related contacts.
3. Even if jurisdiction existed, Carlton's amended complaint failed to state viable claims against Microsoft or ICANN because it alleged no defendant-specific facts, did not satisfy Rule 8's plausibility standard, and did not allege that either private company acted under color of state law.
4. The court denied jurisdictional discovery and denied leave to file a second amended complaint because Carlton had not stated a viable claim, had already amended once, and failed to identify facts that would cure the jurisdictional and pleading defects.

Questions Presented

1. Whether Carlton established Article III standing and subject-matter jurisdiction over her claims against Microsoft.
2. Whether the court could exercise general or specific personal jurisdiction over ICANN in Louisiana.
3. Whether the amended complaint satisfied Federal Rule of Civil Procedure 8 and stated plausible constitutional claims under 42 U.S.C. § 1983 against Microsoft and ICANN.
4. Whether Carlton was entitled to jurisdictional discovery or leave to file a second amended complaint.

Disposition

dismissed