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United States District Court for the Northern District of Illinois, Eastern Division
November 7, 2022, Decided; November 7, 2022, Filed
No. 22 CV 1988
Memorandum Opinion and Order
Plaintiff Morgan Kukovec used a makeup try-on tool on the website of Too Faced Cosmetics, which is owned by Estée Lauder. She says the tool collected her facial-geometry data in violation of Illinois's Biometric Information Privacy Act and she filed this lawsuit. Estée Lauder moves to dismiss the complaint based on lack of personal jurisdiction, the presence of an arbitration agreement on its website, the failure to state a claim on the merits, and the partial lack of Article III standing. The motion is granted [*2] in part and denied in part.
I. Legal Standards
A defendant may move to dismiss an action for lack of subject-matter jurisdiction. Fed. R. Civ. P. 12(b)(1). The plaintiff bears the burden of proving that subject-matter jurisdiction is proper, so she must allege facts sufficient to plausibly suggest that it exists. See Silha v. ACT, Inc., 807 F.3d 169, 173-74 (7th Cir. 2015). A court lacks subject-matter jurisdiction if a plaintiff doesn't have standing. See Taylor v. McCament, 875 F.3d 849, 853 (7th Cir. 2017). To establish standing, "a plaintiff must show (1) [she] has suffered an injury in fact that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." Silha, 807 F.3d at 173 (quoting Friends of the Earth, Inc. v. Laidlaw Env't Servs. (TOC), Inc., 528 U.S. 167, 180-81, 120 S. Ct. 693, 145 L. Ed. 2d 610 (2000)) (quotations omitted).
Federal Rule of Civil Procedure 12(b)(2) governs dismissals based on lack of personal jurisdiction. A plaintiff need not include facts alleging personal jurisdiction in the complaint, but once a defendant moves to dismiss for lack of personal jurisdiction, the plaintiff bears the burden of establishing it. See Curry v. Revolution Labs., LLC, 949 F.3d 385, 392 (7th Cir. 2020). At the motion-to-dismiss stage, when a court relies only on the party's pleadings to decide personal jurisdiction, and doesn't hold [*3] an evidentiary hearing, the plaintiff only needs to make a prima facie case for personal jurisdiction to proceed. uBID, Inc. v. GoDaddy Grp., Inc., 623 F.3d 421, 423 (7th Cir. 2010); Purdue Rsch. Found. v. Sanofi-Synthelabo, S.A., 338 F.3d 773, 782 (7th Cir. 2003). Even though courts resolve all factual disputes in the plaintiff's favor, courts accept as true all unrefuted facts in the defendant's declarations or affidavits. GCIU-Employer Ret. Fund v. Goldfarb Corp., 565 F.3d 1018, n.1 (7th Cir. 2009). Accordingly, when a defendant challenges a fact alleged in the plaintiff's complaint with a sworn statement, the plaintiff has an obligation to go beyond the pleadings and submit affirmative evidence supporting the exercise of jurisdiction. Purdue Research Found., 338 F.3d at 783.
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2022 U.S. Dist. LEXIS 202212 *; 2022 WL 16744196
MORGAN KUKOVEC, individually and on behalf of all others similarly situated, Plaintiff, v. THE ESTÉE LAUDER COMPANIES, INC., Defendant.
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