November 16, 2021, at 2:00 p.m., or as soon thereafter as this matter may be heard, in Courtroom 1, United States Courthouse, 1301 Clay Street, Fourth Floor, Oakland, CA 94612, before the Honorable Yvonne Gonzalez Rogers, Defendant Netflix, Inc. (“Netflix”) will, and hereby does, move the Court (1) to strike Plaintiffs’ First Amended Complaint in its entirety pursuant to California’s anti-SLAPP statute, Cal. Code Civ. Proc. § 425.16 et seq., or (2) to dismiss Plaintiffs’ First Amended Complaint, with prejudice, pursuant to Federal Rule of Civil Procedure 12(b)(6). The grounds for the Motions are that (1) the First Amended Complaint targets activity protected under the anti-SLAPP statute, and Plaintiffs cannot meet their burden of establishing a probability of success as to any of their claims; and (2) Plaintiffs in all events have failed to plausibly allege any claim for relief. These Motions are based upon this Notice of Motions and Motions, the attached Memorandum of Points and Authorities, any papers filed in reply, all other papers and records on file in this matter, and any other materials or argument the Court may receive at or before the hearing on these Motions. ISSUES TO BE DECIDED 1. Whether Plaintiffs’ First Amended Complaint should be stricken under California’s anti-SLAPP statute, Cal. Civ. Proc. Code § 425.16 et seq. 2. Whether all of Plaintiffs’ claims should be dismissed under Fed. R. Civ. P. 12(b)(6) for failure to state a claim upon which relief may be granted. Case 4:21-cv-06561-YGR Document 28 Filed 10/06/21.