Weiner

BRAVE NEW FILMS 501 (C)(4) v. Weiner

Good Law

626 F. Supp. 2d 1013·2009 WL 1011712·2009 U.S. Dist. LEXIS 37538

United States District Court, Northern District of CaliforniaApril 15, 2009C 08-04703 SICalifornia2,114 words

Opinion

Illston, J.

ORDER DENYING DEFENDANT MICHAEL SAVAGE’S MOTION TO DISMISS

Defendant Michael Weiner, also known as Michael Savage (“Savage”) has filed a motion to dismiss plaintiffs complaint. The motion is scheduled for a hearing on April 17, 2009. Pursuant to Civil Local Rule 7 — 1(b), the Court finds this matter appropriate for resolution without oral argument, and hereby VACATES the hearing. The case management conference scheduled for the same day remains on calendar.

Having considered the arguments of the parties and the papers submitted, and for good cause shown, the Court hereby DENIES defendant’s motion to dismiss.

BACKGROUND

Defendant Savage is a nationally syndicated talk show host who performs under the name Michael Savage and hosts the talk show program “The Michael Savage Show.” On October 29, 2007, during the two-hour broadcast of The Michael Savage Show, Savage “went on an anti-Muslim tirade, attacking Islam and the Quran and denigrating Muslims as ‘throwbacks’ who should be deported ‘without due process.’ ” Shortly after the show aired, the Council for Ameriean-Islamic Relations (“CAIR”), a Muslim civil rights group, posted a criticism of Savage on the CAIR website. The…

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