SAN FRANCISCO โ A federal judge in California dismissed this week the lawsuit filed by three performers in 2022 claiming that Meta conspired with OnlyFans to blacklist rival premium fan platformsโ talent.
The dismissal occurred two weeks before the case was due to go to trial.
As XBIZ reported,ย in May, Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby filed the civil lawsuit in February 2022 against OnlyFans and its owner, as well as against Meta, the parent company of Instagram and Facebook. The suit replicated claims from an earlier lawsuit filed on behalf of FanCentro in November 2021, alleging a conspiracy to engage in โtortious interference with contract and intentional interference with prospective business.โ
U.S. District Judge William Alsup issued a written ruling granting Metaโs motion for summary judgment โbecause the professional adult entertainers who brought the suit had not produced the evidence necessary to support their case,โ legal news site Law360 reported.
โThere is no claim left to try,โ the judge wrote. โGiven that plaintiffs have been unable to produce the predicate data to move past the summary-judgment stage, judgment shall be entered accordingly.โ
Although Alsup said during a May hearing that the tech giantโs lack of archiving of its โDangerous Organizations and Individualsโ (DOI) list sounded โnefarious,โ his dismissal stated that ultimately โthe plaintiffs have developed no proof sufficient to go to a jury on any of these claims.โ
Since March, the plaintiffs have been seeking to drop the lawsuit, telling the court that โbased on the information Meta defendants provided, the information essential to plaintiffsโ class allegations is not available,โ making further discovery efforts โfutile.โ This was after Meta informed them that the company โfound no evidence that any competitor platform was currently on the list, or had been nominated for inclusion,โ according to the plaintiffsโ motion.
Until this weekโs ruling, the plaintiffs were seeking to drop the suit in such a way as to leave open the possibility of future antitrust claims. Disputing this, Meta asked the judge to instead issue a summary judgment in the companyโs favor, which was granted this week.
Alsup wrote that he had no choice but to grant Metaโs motion for summary judgment โin spite of and not because of the questionable record keeping.โ