1/13/2022 7:55 AM

Velva L. Price
District Clerk
Travis County
CAUSE NO. D-1-GN-21-005887 D-1-GN-21-005887
Irene Silva

WILLIAM W. RUTH AND MEMORIAL § IN THE DISTRICT COURT

PARK MEDICAL CENTER, INC. §
§
v. § 261st JUDICIAL DISTRICT
§
FACEBOOK, INC. AND JOE COOKSEY § TRAVIS COUNTY, TEXAS

MOTION TO DISMISS WITHOUT PREJUDICE ITS CLAIMS AGAINST

DEFENDANT FACEBOOK, INC.

Plaintiffs files their Motion to Dismiss Without Prejudice its Claims Against Defendant

Facebook, Inc, and would show the court the following:

I.
INTRODUCTION AND FACTS

Defendant Facebook, Inc. allowed its internet platform to be used by Defendant Joe

Cooksey to harass and harm Plaintiffs through the publishing of statements intended to harm

Plaintiffs, including their family members and certain ones associated with them, all of which were

in violation to Facebook’s policies and “community standards.” Despite being placed on multiple

notices, Facebook failed to exercise “good faith” efforts and/or take any meaningful efforts to

prevent such harm which over 60 posts were caused to be published even after notice to Facebook.

While Section 230 of Title 47 of the United States Code enacted as part of the

Communication Decency Act provides immunity for website platforms with respect for third-party

content, it is not without limitations as in this case. A platform operator must make “good faith”

effort to safeguard others, not a means to harm others. It goes without saying that weekly, if not,

daily unbridled false, harassing and harmful publications are not intended to be covered under 230

or to allow Facebook to not restrict such misconduct, which Defendant Joe Cooksey intentionally
1

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 sought to tortiously harm Plaintiffs business, and torment one its associates to the extent of

tormenting one of those associated with Plaintiffs by making humor as to his loss of losing three

close family members and undergoing mental health counseling.

The limitations of 230 is evident in the recent ruling by the Texas Supreme Court which

did not allow Facebook to avail itself of immunity as to third parties publications which resulted

in the sexual exploitation of others which the “good faith” effort of Facebook to restrict access to

objectionable content was applied. In this instance, despite Facebook having found that

Defendant Joe Cooksey actions to be against its own policies intended to protect others, it merely

suspended his account, which Defendant Joe Cooksey bragged that he was out of Facebook jail,

and would proceed to “bashing” Plaintiff and another individual. Clearly, a fact issue arises as to

whether Facebook took any “good faith” efforts in this situation; especially, when Plaintiff had

notified Facebook that the actions and conduct of Defendant Joe Cooksey had been investigated

by law enforcement and to be a criminal act, and submitted for prosecution under the Texas Penal

Code which Judge Paul Lilly obtained injunctive relief also against Defendant Cooksey. Again,

it is not plausible to believe that 230 is intended to protect and provide immunity against a platform

user to commit a crime against another without limitations to be determined by a trier of fact.

On January 12, 2022, Plaintiffs entered into discussions with counsel for Facebook, and

believe that once Facebook is made aware of the situation that corrective action will be taken;

especially, since the 60 posts made by Defendant Cooksey and filed of record provides sufficient

evidence that such unlawful action and conduct must be prevented. For this reason, Plaintiffs file

its Motion to Dismiss its Claims Against Facebook without prejudice.

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 II.
MOTION TO DISMISS

Pursuant to the above-stated facts incorporated herein, Plaintiffs file its Motion to Dismiss

without prejudice its claims against Defendant Facebook, Inc.

WHEREFORE, PREMISES CONSIDERED, Plaintiffs requests that the court to accept its

motion, and dismiss the claims against Defendant Facebook, Inc. without prejudice.

Respectfully submitted,

/s/ William W. Ruth________

William W. Ruth
SBN 00788334
1406 E. Main, Suite 200
Fredericksburg, Texas 78624
Tel: 325-642-9802
williamwruth@verizon.net

CERTIFICATE OF SERVICE

A true and correct copy has been filed of record and served upon all parties and their counsel via

efiling on this the 13th day of January, 2022.

/s/ William W. Ruth

______________________________

WILLIAM W. RUTH

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 Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.

Envelope ID: 60776765

Status as of 1/13/2022 9:28 AM CST

Associated Case Party: FACEBOOK INC

Name BarNumber Email TimestampSubmitted Status

Paige Amstutz pamstutz@scottdoug.com 1/13/2022 7:55:53 AM SENT

Phuc Phan pphan@scottdoug.com 1/13/2022 7:55:53 AM SENT

Lynne Braver lbraver@scottdoug.com 1/13/2022 7:55:53 AM SENT

Tess Starbuck tstarbuck@scottdoug.com 1/13/2022 7:55:53 AM SENT

william ruth williamwruth@verizon.net 1/13/2022 7:55:53 AM SENT

Robert "Robby" PierceEarle rearle@scottdoug.com 1/13/2022 7:55:53 AM SENT

Christina Ponig cmaccio@orrick.com 1/13/2022 7:55:53 AM SENT

Pam Howell phowell@orrick.com 1/13/2022 7:55:53 AM SENT

PA Team2 PATeam2@orrick.com 1/13/2022 7:55:53 AM SENT

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