Medifast, Inc. v. Barry Minkow

MEMORANDUM

Plaintiffs Medifast, Inc. and Shirley MacDonald appeal the district court’s order granting Defendants (1) Tracy Coenen and Sequence, Inc.’s (collectively, “Coe-nen”), and (2) Barry Minkow and Fraud Discovery Institute, Inc. (collectively, “Minkow”) respective Motions to Strike Plaintiffs’ complaint under California’s anti-SLAPP statute, California Code of Civil Procedure section 425.16. Plaintiffs also appeal the district court’s order granting Defendant Robert L. Fitzpatrick’s anti-SLAPP motion as to MacDonald’s libel per se cause of action. Fitzpatrick appeals the district court’s denial of his anti-SLAPP motion as to Medifast’s libel per se cause of action. We affirm in part, reverse in part, and vacate in part.

1. We affirm the district court’s order granting Defendants’ anti-SLAPP motions as to MacDonald. MacDonald’s claims were properly dismissed because the statements at issue do not refer to him. See SDV/ACCI, Inc. v. AT & T Corp., 522 F.3d 955, 961 (9th Cir.2008).

2. We vacate the district court’s determination that Medifast is not a limited public figure. In so concluding, the district court relied heavily on the district court’s opinion in Makaeff v. Trump…