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Kogan v. Facebook Inc.

Amended Complaint Against Facebook Dismissed Due to Original Complaint's Untimely Service

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OPINION & ORDER   On March 15, 2019, plaintiff Aleksandr Kogan filed suit in state court, alleging that defendants — Facebook, Inc., and three of its executives — defamed him. Defendants removed the case to this Court. Defendants now move to dismiss Kogan’s Complaint, on the ground that Kogan failed to timely serve it. For the reasons that follow, the Court grants the motion and dismisses the Complaint. I. Background On March 15, 2019, Kogan, through counsel, filed a summons and Complaint in New York State Supreme Court. Kogan alleged that Facebook, Inc. (“Facebook”), and executives Paul Grewal, Alex Stamos, and Mark Zuckerberg had defamed him. Dkt. 1-1 (“Compl.”). Kogan is a data scientist who developed the app that enabled the firm Cambridge Analytica to collect personal details regarding some 80 million Facebook users. His claims arose from public statements that Facebook made in March 2018 in connection with its suspension of Kogan and Cambridge Analytica from Facebook. See id.

8-13. Kogan’s claims were against all defendants for defamation per se and defamation per quod, and against Facebook for the derivative torts of negligent hiring, supervision, and respondeat superior. See id.

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