CoreCivic Inc v. Candide Group LLC et al

Filing 60

ORDER GRANTING MOTION TO DISMISS by Judge William Alsup [granting 41 Motion to Strike]. (whasec, COURT STAFF) (Filed on 11/19/2020)

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Case 3:20-cv-03792-WHA Document 60 Filed 11/19/20 Page 1 of 1 1 2 3 4 UNITED STATES DISTRICT COURT 5 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 9 CORECIVIC, INC., Plaintiff, 10 United States District Court Northern District of California 11 12 13 No. C 20-03792 WHA v. CANDIDE GROUP, LLC, and MORGAN SIMON, ORDER GRANTING MOTION TO DISMISS Defendants. 14 15 A multitude of issues have been tendered on defendants’ motion to dismiss and to strike 16 the complaint for defamation. It turns out, however, that CoreCivic, Inc., did, in fact, operate 17 detention facilities for parents separated from their children pursuant to the Border Patrol’s 18 family separation policy. Thus, even though CoreCivic did not operate the detention facilities 19 in which the children themselves were housed, CoreCivic did house the other half of the 20 afflicted families or at last some of them. Therefore, the allegedly defamatory statements were 21 true enough under the First Amendment and under California defamation law. Truth being a 22 defense, the complaint is DISMISSED WITHOUT LEAVE TO AMEND. It is unnecessary to reach 23 the remaining issues tendered. All other motions are DENIED AS MOOT. 24 IT IS SO ORDERED. 25 Dated: November 19, 2020. 26 27 28 WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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