Buttons
Buttons v. National Broadcasting Co., Inc.
Opinion
Opinion
Tashima, J.
MEMORANDUM DECISION ON MOTIONS TO:
(1) AMEND; and
(2) DISMISS
This is an action for defamation (libel and slander) which was commenced in state court and removed here on the basis of diversity of citizenship. Shortly after removing the case, defendants moved to dismiss the action for failure to state a claim. F.R.Civ.P. 12(b)(6). In addition to opposing defendants’ motion, plaintiff then moved to amend his complaint to add several in-state defendants, thus, destroying diversity. Plaintiff seeks to then have the action remanded to state court. For the reasons set forth below, plaintiff’s motion will be denied and defendants’ motion will be granted.
Background and Allegations
This action arises out of a comedy skit performed on the October 11, 1993, episode of the late-night show, “Late Night with Conan O’Brien” (the “Show”). In that skit, O’Brien has a conversation with a larger-than-life picture of the actor, Ted Danson. Danson is in blackface and there is a cutout where Danson’s mouth would be. A cast member speaks Danson’s part while his lips are visible talking through the cutout. O’Brien “interviews” Danson about his controversial Friars Club “roast” of Whoopi Goldberg.…