Nicosia

Nicosia v. De Rooy

Good Law

72 F. Supp. 2d 1093·1999 WL 1128892·28 Media L. Rep. (BNA) 1129·1999 U.S. Dist. LEXIS 17451

United States District Court, Northern District of CaliforniaJuly 7, 1999C98-3029 MMCCalifornia8,491 words

Opinion

Chesney, J.

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS; GRANTING DEFENDANT’S MOTION TO STRIKE

INTRODUCTION

Before the Court are the motions of defendant Diane De Rooy (“De Rooy”) (1) to dismiss, pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure, for lack of personal jurisdiction; (2) to dismiss, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim; and (3) to strike, pursuant to California Code of Civil Procedure § 425.16. The Court, having considered the papers filed in support of and in opposition to the motion, and the arguments of counsel presented at the hearing on February 19,1999, rules as follows:

BACKGROUND

Plaintiff Gerald Nicosia (“Nicosia”), a California resident, brings the instant action for slander and libel in connection with statements De Rooy published about Nicosia on her web-site. According to the Complaint, De Rooy has called Nicosia a killer, an embezzler, a criminal, a fraud, a perjurer, and a liar, and, in particular, De Rooy has stated:

Nicosia also alleges that De Rooy implied that he had forged a letter from Jan Kerouac (Comp., ¶ 51; RJN Ex. F at 10), and accused Nicosia of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.