United States District Court, D. Hawaii
ORDER ON PLAINTIFF'S REQUEST FOR DISCOVERY TO
RESPOND TO DEFENDANT MELANIE KOHLER'S SPECIAL MOTION TO
STRIKE THE COMPLAINT FILED NOVEMBER 1, 2017 (ECF
Gillmor United States District judge.
about October 20, 2017, Defendant Melanie Kohler posted a
statement on her Facebook page. The statement claimed that
Hollywood film director and producer Brett Ratner raped her,
in either 2004 or 2005, when she was living in California.
Brett Ratner filed a Complaint against Defendant Kohler,
Kohler filed a Motion to Dismiss and a Special Motion to
Strike pursuant to a California statute barring strategic
lawsuits against public participation, a law designed to
protect speech (“anti-SLAPP statute”).
February 26, 2018, the Court issued an Order Denying
Defendant's Motion to Dismiss and Holding in Abeyance
Defendant's Motion Pursuant to the California anti-SLAPP
Court ordered the Parties to meet and confer regarding the
scope of discovery necessary to allow Plaintiff to respond to
Defendant's Motion. The Parties were unable to agree on
the scope of discovery.
Court FINDS that Plaintiff Ratner is
entitled to serve interrogatories and a request for
production of documents in order to respond to
Defendant's Motion pursuant to California's
November 1, 2017, Plaintiff filed a Complaint. (ECF No. 1).
January 2, 2018, Defendant filed DEFENDANT MELANIE
KOHLER'S MOTION TO DISMISS THE COMPLAINT FILED NOVEMBER
1, 2017, AND TO STRIKE THE COMPLAINT FILED NOVEMBER 1, 2017.
(ECF No. 26).
February 8, 2018, the Court held a hearing on Defendant
Kohler's Motion to Dismiss and to Strike (ECF No. 36).
February 26, 2018, the Court issued an ORDER DENYING
DEFENDANT MELANIE KOHLER'S MOTION TO DISMISS THE
COMPLAINT FILED NOVEMBER 1, 2017 AND HOLDING IN ABEYANCE
DEFENDANT MELANIE KOHLER'S SPECIAL MOTION TO STRIKE THE
COMPLAINT FILED NOVEMBER 1, 2017. (ECF No. 43).
February 28, 2018, Plaintiff filed PLAINTIFF BRETT
RATNER'S MEMORANDUM OF POINTS AND AUTHORITIES RE: SCOPE
OF DISCOVERY. (ECF No. 44).
March 21, 2018, Defendant filed DEFENDANT MELANIE
KOHLER'S MEMORANDUM OF POINTS AND AUTHORITIES OPPOSING
PLAINTIFF'S SCOPE OF DISCOVERY. (ECF No. 45).
alleges that on or about October 20, 2017, Defendant Melanie
Kohler “recklessly and/or intentionally posted a
statement on her Facebook page claiming that ‘Brett
Ratner raped [her]'.” (Verified Complaint at ¶
7, ECF No. 38).
Ratner alleges the statement is “entirely false,
fabricated, and fictional.” (Id. at ¶ 8).
Plaintiff asserts that Defendant Kohler made the statement
“with knowledge of its falsity, maliciously, and with
the intent to harm Plaintiff's reputation and
standing.” (Id. at ¶ 9).
believes that the Facebook statement constitutes “libel
per se.” (Id. at ¶ 10).
Motion To Strike Pursuant To Cal. Code ...