Heitkoetter

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

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART DEFENDANT’S v. MOTION TO DISMISS THE SECOND AMENDED COMPLAINT KARL DOMM, an individual, 12 Defendant. (Doc. No. 36)

18 Plaintiffs Markus Heitkoetter and Rockwell Trading Services, LLC (“Rockwell”) bring several claims sounding in defamation against Defendant Karl Domm based on allegations that he published injurious falsehoods about them and their investment program through videos and comments on YouTube. Doc. Nos. 1 & 33. The operative pleading in this action is the Second Amended Complaint (“SAC”), which was filed on January 5, 2023. Doc. No. 33. Defendant Karl Domm has moved to dismiss certain claims in the SAC under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Doc. No. 36. The motion has been fully briefed, Doc. Nos. 36,…