Resolute Forest Prods., Inc. v. Greenpeace Int'l

Plaintiffs Resolute Forest Products, Inc., Resolute FP US. Inc., Resolute FP August, LLC, Fibrek General Partnership, Fibrek U.S., Inc., Fibrek International, Inc., and Resolute FP Canada, Inc. ("Resolute" or "Plaintiffs") filed this case alleging claims for violation of the federal RICO laws 1 as well as state law claims including racketeering, defamation, conspiracy, and tortious interference with prospective and contractual business relations. ECF No. 1 ("Complaint"). Defendants are the environmental groups Greenpeace and Stand, as well as their employees and officers. Id. Defendants now bring five separate motions to dismiss or strike, alleging that the conduct at the heart of Resolute's lawsuit consists of speech and other advocacy that is protected by the First Amendment.

In one motion before the Court, Defendants Stand, formerly known as ForestEthics, and Todd Paglia ("Paglia"), the organization's Executive Director, move to dismiss Resolute's complaint in its entirety for failure to state a claim upon which relief can be granted under Rule 12(b)(6) of the Federal Rules of Civil Procedure. ECF No. 55. In a second motion, Defendants Stand and Paglia move to strike…