Heitkoetter

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 MARKUS HEITKOETTER, an individual, CASE NO. 22-cv-368-AWI-BAM and ROCKWELL TRADING SERVICES, 9 LLC, a Texas limited liability company,

ORDER DENYING DEFENDANT’S

10 Plaintiff, MOTION TO STRIKE AND GRANTING v. DEFENDANT’S MOTION TO DISMISS 11 KARL DOMM, an individual, 12 (Doc. No. 9) Defendant. 13

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16 17 Plaintiffs Markus Heitkoetter and Rockwell Trading Services, LLC (“Rockwell”) bring 18 several claims sounding in defamation against Defendant Karl Domm based on allegations that he 19 published injurious falsehoods about their investment program through a video and comments on 20 YouTube. Doc. No. 1. Defendant has brought a special motion to strike the Complaint under 21 California’s anti-SLAPP1 law, as set forth in section 425.16 of the California Code of Civil 22 Procedure, and a motion to dismiss for failure to allege facts sufficient to state a claim under Rule 23 12(b)(6) of the Federal Rules of Civil Procedure. Doc. No. 9. The motions have been fully briefed 24 …