United States v. Kenneth Arpan (1989)

The district court erroneously concluded that: [the] language used [in the caption] make[s] it obvi- ous that the target audience is teenagers and young adults who are likely to use many of the terms on the website in everyday conversation” and “[t]he web- site was directed at a younger audience.5 4 See also Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1193 (9th Cir. 1989) (“the appearance of the language in a magazine known for its pornographic content robs the stateme…

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference between motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing.

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“[T]he same standard of review applicable to a Rule 12(b) motion applies to its Rule 12(c) analog.”).

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“Because 5 the motions are functionally identical, the same standard of review applicable to a Rule 6 12(b) motion applies to its Rule 12(c) analog.”).

Dynamics C4 Sys., Inc., 637 F.3d 1047 , 1054 n.4 (9th Cir. 2011) 4 (quoting Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989)); see also 5 Dworkin, 867 F.2d at 1192 (“The principal difference between motions filed pursuant to Rule 6 12(b) and Rule 12(c) is the time of filing.”).

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference between motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing.

Dynamics C4 Sys., Inc., 637 F.3d 1047 , 1055 n.4 (9th Cir. 2011) (holding that “Rule 12(c) is 'functionally identical' to Rule 12(b)(6) and that 'the same standard of review' applies to motions brought under either rule” (citing Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989)). 26 Toma v. Univ. of Haw., Case No. 16-00499 RLP, 2017 WL 4782629 , at *5 (D.

Dworkin v. Hustler Mag. 28 Inc., 867 F.2d 1188, 1192 (Oth Cir. 1989).

Inc., 26 867 F.2d 1188, 1192 (9th Cir. 1989)).

Indeed, a Rule 12(c) motion is 2 “functionally identical” to a Rule 12(b)(6) motion, and courts apply the “same standard.” Dworkin 3 v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (explaining that the “principal 4 difference” between Rule 12(b)(6) and Rule 12(c) “is the time of filing”); Cafasso, U.S. ex rel. v. 5 Gen.

Indeed, a Rule 12(c) motion is 9 “functionally identical” to a Rule 12(b)(6) motion, and courts apply the “same standard.” Dworkin 10 v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (explaining that the “principal 11 difference” between Rule 12(b)(6) and Rule 12(c) “is the time of filing”); Cafasso, U.S. ex rel. v. 12 Gen.

Indeed, a Rule 12(c) motion is 9 “functionally identical” to a Rule 12(b)(6) motion, and courts apply the “same standard.” Dworkin 10 v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (explaining that the “principal 11 difference” between Rule 12(b)(6) and Rule 12(c) “is the time of filing”); Cafasso, U.S. ex rel. v. 12 Gen.

Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989). 18 Accordingly, to survive a motion for judgment on the pleadings under Rule 12(c), “a complaint 19 must contain sufficient factual matter, accepted as true, to ‘state a claim that is plausible on its 20 face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted).

Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989). 20 Accordingly, to survive a motion for judgment on the pleadings under Rule 12(c), “a complaint 21 must contain sufficient factual matter, accepted as true, to ‘state a claim that is plausible on its 22 face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted).

Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989). 20 Accordingly, to survive a motion for judgment on the pleadings under Rule 12(c), “a complaint 21 must contain sufficient factual matter, accepted as true, to ‘state a claim that is plausible on its 22 face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal citations omitted).

Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989); Balistreri v. Pacifica Police Dep’t, 901 F.2d 696, 699 (9th Cir. 1988).

Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989). 6 “Judgment on the pleadings is properly granted when there is no issue of material fact in 7 dispute, and the moving party is entitled to judgment as a matter of law.” Fleming v. Pickard, 581 F.3d 8 9 922, 925 (9th Cir. 2009) (citing Heliotrope Gen., Inc. v. Ford Motor Co., 189 F.3d 971 , 979 (9th Cir. 10 1999)).

However, “[t]hreadbare recitals of the elements of a cause of action, supported 27 1 by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678 . “[T]he same standard of 2 review applicable to a Rule 12(b) motion applies to its 12(c) analog” because the motions are 3 “functionally identical.” Dworkin v. Hustler Mag., Inc., 867 F.2d 1188, 1192 (9th Cir. 1989). 4 After the pleadings are closed, but early enough not to delay trial, a party may move for judgment on t…

Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th 15 Cir. 1989).

Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989). 18 The court must accept “all factual allegations in the complaint as true and construe them in the light 19 most favorable to the non-moving party.” Fleming v. Pickard, 581 F.3d 922, 925 (9th Cir. 2009) 20 (citing Turner v. Cook, 362 F.3d 1219, 1225 (9th Cir. 2004)).

Cal. 2025) (citing Dworkin v. Hustler Mag., Inc., 867 F.2d 1188, 1192 (9th Cir. 12 1989)).

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989)). “[T]he allegations of the non- 23 moving party must be accepted as true, while the allegations of the moving party which have been 24 denied are assumed to be false.” Hal Roach Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542 , 25 1550 (9th Cir. 1989); see also Beal v. Mo. Pac.

Cal. 2004) (citing Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989)).

Cal. May 12, 2025) (citing Dworkin v. Hustler 10 Mag., Inc., 867 F.2d 1188, 1192 (9th Cir. 1989)).

Dworkin v. Hustler Mag., Inc., 867 F.2d 1188, 1192 (9th 11 Cir. 1989).

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989).

Dworkin v. Hustler Magazine, Inc., 13 867 F.2d 1188, 1192 (9th Cir. 1989).

Dynamics C4 Sys., 637 F.3d 1047 , 1054 n.4 (9th Cir. 2011) (quoting 19 Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989)).

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989); compare Fed.

The 15 analysis under Rule 12(c) is “functionally identical” to the analysis under Rule 12(b)(6). 16 Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989).

Cal. 2002); Dworkin v. Hustler Mag., Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference between motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing.

“The principal difference between motions 13 filed pursuant to [Federal Rule of Civil Procedure (“Rule”)] 12(b) and Rule 12(c) is the time of 14 filing.” Dworkin v. Hustler Mag., Inc., 867 F.2d 1188, 1192 (9th Cir. 1989).

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989)).

Indeed, a Rule 12(c) motion is 18 “functionally identical” to a Rule 12(b)(6) motion, and courts apply the “same standard.” Dworkin 19 v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (explaining that the “principal 20 difference” between Rule 12(b)(6) and Rule 12(c) “is the time of filing”); Cafasso, U.S. ex rel. v. 21 Gen.

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (noting that “[t]he principal difference between motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing” and the motions are “functionally identical”).

Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989). 19 The court must accept “all factual allegations in the complaint as true and construe them in the light 20 most favorable to the non-moving party.” Fleming v. Pickard, 581 F.3d 922, 925 (9th Cir. 2009) 21 (citing Turner v. Cook, 362 F.3d 1219, 1225 (9th Cir. 2004)).

Dworkin v. Hustler Mag., 15 Inc., 867 F.2d 1188, 1192 (9th Cir. 1989).

Dworkin v. Hustler Magazine, Inc., 10 867 F. 2d 1188, 1192 (9th Cir. 1989) (“[t]he principal difference between motions filed pursuant 11 to Rule 12(b) and Rule 12(c) is the time of filing”).

Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The same standard of 22 review applicable to a Rule 12(b) motion applies to its Rule 12(c) analog.”). 23 Defendant’s briefing relies on several documents—the Administrative Services 24 Agreement, Master Plan Document/Master Summary Plan Description, and 2021 Benefits 25 Booklet—but does not address how the Court can consider this evidence on a motion for judgment 26 on the pleadings.

Inc., 13 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference between motions filed 14 pursuant to Rule 12(b) and Rule 12(c) is the time of filing.

“Judgment on the pleadings is proper 5 when the moving party clearly establishes on the face of the pleadings that no material issue of 6 fact remains to be resolved and that it is entitled to judgment as a matter of law.” Dworkin v. 7 Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference between 8 motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing.

Dworkin v. Hustler Magazine, Inc., 867 F. 2d 1188, 1192 (9th 5 Cir. 1989) (“[t]he principal difference between motions filed pursuant to Rule 12(b) and Rule 12(c) is 6 the time of filing”).

Cal. 2002); Dworkin v. Hustler Mag., Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference between motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing [and] the motions are functionally identical . . . .”); see also White Knight Yacht LLC v. Certain Lloyds at Lloyd’s London, 407 F. Supp. 3d 931 , 949 (S.D.

Cal. 2002); Dworkin v. Hustler Mag., Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference between motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing [and] the motions are functionally identical[.]”).

“Judgment on the pleadings is proper 23 when the moving party clearly establishes on the face of the pleadings that no material issue of 24 fact remains to be resolved and that it is entitled to judgment as a matter of law.” Dworkin v. 25 Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference between 26 motions filed pursuant to Rule 12(b) and Rule 12(c) is the time of filing.

Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th Cir. 5 1989) (“Because the motions are functionally identical, the same standard of review 6 applicable to a Rule 12(b) motion applies to its Rule 12(c) analog.”).

See Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188 , 25 1192 (9th Cir. 1989) (“The principal difference between motions filed pursuant to Rule 26 12(b) and Rule 12(c) is the time of filing [and] the motions are functionally identical.”). 27 Thus, all material allegations in the complaint are taken as true, while allegations that in 1 at 955.

Analysis under Rule 12(c) is substantially identical to analysis under 16 Rule 12(b)(6) because, under both rules, a court must determine whether the facts 17 alleged in the complaint, taken as true, entitle the plaintiff to a legal remedy.” Chavez v. 18 United States, 683 F.3d 1102, 1108 (9th Cir. 2012) (internal quotation marks and 19 citations omitted); accord Dworkin v. Hustler Magazine Inc., 867 F.2d 1188, 1192 (9th 20 Cir. 1989) (“The principal difference between motio…

See Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference ... is the time of filing. ... [T]he motions are functionally identical —”).

See Dworkin v. Hustler Magazine, Inc., 867 F.2d 1188, 1192 (9th Cir. 1989) (“The principal difference ... is the time of filing.... [T]he motions are functionally identical. ...”).