Bonhomme v. Open Text Corporation

Summary

The United States District Court for the Northern District of California dismissed Open Text Corporation for lack of proper service and dismissed with prejudice the claims against the remaining defendants. The court granted the defendants’ anti-SLAPP and Rule 12(b)(6) motions, found amendment futile, awarded Open Text Inc. entitlement to recover anti-SLAPP fees, and ordered the filing of a redacted version of a sealed pleading.

Holdings

1. Open Text Corporation was dismissed with prejudice because Bonhomme conceded that she had not properly served it and had no plans to serve it in the near future.
2. The court declined to permit Bonhomme's untimely request to dismiss the FDCPA claim and declined to relinquish supplemental jurisdiction over the state-law claims.
3. The anti-SLAPP motions and Rule 12(b)(6) motions were granted, and the claims against Vedder Price and Open Text Inc. were dismissed with prejudice.
4. Bonhomme was not entitled to leave to amend because amendment would be futile.
5. Open Text Inc., as a prevailing party on its anti-SLAPP motion, was entitled to seek attorney fees under California Code of Civil Procedure section 425.16; Vedder Price did not seek fees.
6. Vedder Price's motion to strike was granted, the first amended complaint and verified first amended complaint were ordered sealed, and Bonhomme was directed to refile the verified complaint with Michelle Landry's private information redacted and no other changes.

Questions Presented

1. Whether Open Text Corporation should be dismissed for lack of proper service when Bonhomme conceded defective service and had no near-term plan to serve it.
2. Whether the court should permit a late dismissal of Bonhomme's FDCPA claim and decline supplemental jurisdiction over the state-law claims.
3. Whether the anti-SLAPP and Rule 12(b)(6) motions against Vedder Price and Open Text Inc. should be granted because the allegations concerned protected activity and the litigation privilege applied.
4. Whether Bonhomme should be granted leave to amend after the anti-SLAPP and Rule 12(b)(6) motions were granted.
5. Whether Open Text Inc. was entitled to attorney fees under California Code of Civil Procedure section 425.16 and whether Vedder Price's motion to strike and sealing requests should be granted.

Disposition

dismissed