Tracy
Tracy v. Bowen CA6
Opinion
Opinion
I. FACTUAL AND PROCEDURAL BACKGROUND
Tracy is a California resident who asserts he is “a federal whistleblower in what has alleged to be the longest and most lucrative water grabs in the history of the State of Utah.” (Sic.) In 2014, he brought suit in Utah federal court under the federal False Claims Act, alleging a Salt Lake City law firm fraudulently retired senior water rights and misappropriated water claims on behalf of private land developers and a Utah public water district (ECID) for the expansion of a private luxury development. The suit was dismissed after multiple appeals. Tracy subsequently brought the instant action against defendants in California state court, alleging libel, libel per se, false light, and intentional infliction of emotional distress. He alleged defendants published defamatory statements about him on the ECID website via a server located in San Jose, California to ensure continued payments from California property owners in furtherance of their ongoing fraud.2 He also claimed defendants made additional defamatory statements to Utah residents and press members over the years. Tracy alleged defendants are Utah residents or corporations, but cited to…