Oct 12, 2021 Opposes Motion for Indicative Ruling in NDCA Privacy Class Action Operations Inc. and affiliated defendants have asked the U.S. magistrate judge overseeing a right to publicity case against it to decline the plaintiffs’ invitation for an indicative ruling. In last Friday’s opposition, Ancestry argues that the intervening change of law the plaintiffs highlight does not actually modify existing precedent and therefore warrants no different decision.

Previously, the court dismissed the case with prejudice for want of Article III standing. Despite their pending appeal to the Ninth Circuit, the plaintiffs requested what Ancestry refers to as “extraordinary relief” in the form of an indicative ruling under Federal Rules of Civil Procedure 60 and 62. At the end of September, the plaintiffs asked the court to either grant a motion to reconsider its dismissal ruling or make an indicative ruling that the motion presents a “substantial issue” and that the judge would accept remand from the Ninth Circuit to hear it. 

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