Etheredge-Brown v. American Media, Inc.

13 F. Supp. 3d 303, 2014 U.S. Dist. LEXIS 44990, 2014 WL 1316352
CourtDistrict Court, S.D. New York
DecidedMarch 31, 2014
DocketNo. 13 Civ.1982(JPO)
StatusPublished
Cited by6 cases

This text of 13 F. Supp. 3d 303 (Etheredge-Brown v. American Media, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Etheredge-Brown v. American Media, Inc., 13 F. Supp. 3d 303, 2014 U.S. Dist. LEXIS 44990, 2014 WL 1316352 (S.D.N.Y. 2014).

Opinion

OPINION AND ORDER

J. PAUL OETKEN, District Judge:

This is a defamation action filed by Bobby Brown (“Brown”) and his wife, Alicia Etheredge (“Etheredge”), arising from an article published by the National Enquirer in March 2012, shortly after the death of Whitney Houston (“Houston"). The article contained statements asserting that Brown and Houston had reestablished an intimate relationship before her death and were planning to re-marry. The lawsuit names as defendants American Media, Inc. (“AMI”), which owns and operates the National Enquirer, and Derrick Handspike (“Handspike”), an individual who is quoted in the article.

Defendant AMI has filed a motion for summary judgment, arguing that this lawsuit is time-barred under the one-year statute of limitations applicable to defamation claims. For the reasons that follow, AMI’s motion is denied.

I. Discussion

A. Jurisdiction

Subject matter jurisdiction of this action is based on diversity of citizenship pursuant to 28 U.S.C. § 1332(a)(1). The complaint alleges that Plaintiffs are residents of the State of California; that Defendant AMI “has a business address” in New York; and that Defendant Handspike is a resident of Georgia. The Court assumes that the allegations intend to state that AMI’s principal place of business is in New York. The complaint does not allege in which state AMI is incorporated. Assuming that it is not incorporated in California, there appears to be complete diversity for purposes of § 1332(a)(1). Plaintiffs request an award of damages “in excess of one million dollars,” and therefore the amount-in-controversy requirement is satisfied.

B. Summary Judgment Standard

Summary judgment is appropriate when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.Civ.P. 56. A fact is material if it “might affect the outcome of the suit under the governing law,” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), and a dispute is [305]*305genuine if, considering the record as a whole, a rational jury could find in favor of the non-moving party, Ricci v. DeStefano, 557 U.S. 557, 586, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009) (citing Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

The initial burden of a movant on summary judgment is to provide evidence on each element of his claim or defense illustrating his entitlement to relief. Vt. Teddy Bear Co. v. 1-800 Beargram Co., 373 F.3d 241, 244 (2d Cir.2004). If the movant makes this showing, the burden shifts to the non-moving party to identify specific facts demonstrating a genuine issue for trial, i.e., that reasonable jurors could differ about the evidence. Fed.R.Civ.P. 56(f); Anderson, 447 U.S. at 250-51, 100 S.Ct. 2124. The court should view all evidence “in the light most favorable to the nonmov-ing party and draw all reasonable inferences in its favor,” and a motion for summary judgment may be granted only if “no reasonable trier of fact could find in favor of the nonmoving party.” Allen v. Coughlin, 64 F.3d 77, 79 (2d Cir.1995) (citation omitted). At the same time, the non-moving party cannot rely upon mere “concluso-ry statements, conjecture, or speculation” to meet its burden. Kulak v. City of New York, 88 F.3d 63, 71 (2d Cir.1996) (citing Matsushita, 475 U.S. at 587, 106 S.Ct. 1348).

C. Statute of Limitations

New York imposes a one-year statute of limitations on defamation claims. CPLR § 215(3).1 Under the "single publication" rule, the statute of limitations ordinarily begins to run at the time of the "first publication"-that is, "the earliest date on which the work was placed on sale or became generally available to the public.” Van Buskirk v. N.Y. Times Co., 325 F.3d 87, 89 (2d Cir.2003).

The paper version of the National Enquirer edition with the challenged art!-cle bore a cover date of "April 2, 2012." It is settled, however, that the "cover date" is not dispositive; what matters is the date on which the publication actually went on sale to the public. See, e.g., Suss v. N.Y. Media, Inc., 69 A.D.3d 411, 411-12, 891 N.Y.S.2d 409 (1st Dep't 2010); Khaury v. Playboy Publ'ns, Inc., 430 F.Supp. 1342, 1344-45 (S.D.N.Y.1977).

AMI has submitted an affidavit from its Senior Vice President for Operations stating that (1) copies of this edition of the National Enquirer were printed and shipped to wholesalers beginning on March 20, 2012; (2) copies were mailed to subscribers on March 21, 2012; (3) copies were delivered to newsstands beginning on March 21, 2012; and (4) all copies of the edition were distributed by March 23, 2012. Thus, AMI contends, the article “was published on March 23, 2012, at the latest.” (AMI Mem., Dkt. No. 8, at 5.)

The complaint in this ease was file-stamped March 25, 2013. {See Dkt. No. 1.) If that is the date of filing, and if March 23, 2012 (or earlier) is the date of publication, then this action is time-barred.

Counsel for Plaintiffs, however, has submitted his own affidavit, averring (1) that he mailed the complaint to the Clerk’s Office of this Court on Wednesday, March 20, 2013 (apparently from Boston, and apparently by regular mail rather than certified or registered mail); and (2) that he spoke by telephone on Friday, March 22, 2013 with two individuals in the Clerk’s [306]*306Office and was informed that the documents had been received on that date.

A complaint is "ified" when it is delivered into the "actual custody" of the Clerk, not when it is mailed. Greenwood v. State of N.Y. Office of Mental Health, 842 F.2d 636, 639 (2d Cir.1988). A filing is presumed to be made on the date file-stamped by the Clerk; indeed, that is the purpose of file-stamping papers. Id. However, clerical errors by the Clerk's Office are not inconceivable.

The Court concludes that it is unnecessary to decide, at this stage, whether the complaint was filed on March 22 or March 25, 2013, because summary judgment should be denied on an alternative ground. The parties appear to agree that the online version of the article first appeared on the National Enqnirer' s website, www.nationalenquirer.com, on March 26, 2013.

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Bluebook (online)
13 F. Supp. 3d 303, 2014 U.S. Dist. LEXIS 44990, 2014 WL 1316352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/etheredge-brown-v-american-media-inc-nysd-2014.