UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PAUL OSHESKE, individually and No. 23-3882 on behalf of all others similarly D.C. No. situated, 2:22-cv-09463- HDV-JC Plaintiff - Appellant,

v. OPINION SILVER CINEMAS ACQUISITION COMPANY, doing business as Landmark Theaters,

Defendant - Appellee.

Appeal from the United States District Court for the Central District of California Hernan Diego Vera, District Judge, Presiding

Argued and Submitted October 7, 2024 San Francisco, California

March 27, 2025

Before: M. Margaret McKeown, Lucy H. Koh, and Anthony D. Johnstone, Circuit Judges.

Opinion by Judge McKeown 2 OSHESKE V. SILVER CINEMAS ACQUISITION CO.

SUMMARY *

Video Privacy Protection Act

Affirming the district court’s dismissal, for failure to state a claim, of an action against Silver Cinemas