FRIDMAN et al v. BEAN LLC et al

Filing 19

MOTION to Dismiss the Amended Complaint Pursuant to the D.C. Anti-SLAPP Act by BEAN LLC, GLENN SIMPSON (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Cotton, Rachel)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

MIKHAIL FRIDMAN, PETR AVEN, and
GERMAN KHAN,
Plaintiffs,
Civil Case No. 1:17-cv-2041-RJL
v.
BEAN LLC a/k/a FUSION GPS, and GLENN
SIMPSON,
Defendants.
DEFENDANTS’ SPECIAL MOTION TO DISMISS THE AMENDED COMPLAINT
PURSUANT TO THE D.C. ANTI-SLAPP ACT
Pursuant to the District of Columbia Anti-SLAPP Act of 2010, D.C. Code § 16-5502(a)
(“the Anti-SLAPP Act” or “the Act”), Defendants Bean LLC a/k/a Fusion GPS, and Glenn
Simpson (together, “Defendants”), by and through undersigned counsel, respectfully move for an
order dismissing the Amended Complaint with prejudice. Defendants reserve the right to move
for an award of the costs of litigation, including attorneys’ fees, within fourteen days after the
entry of judgment following a grant of this motion, pursuant to D.C. Code § 16-5504 and Federal
Rule of Civil Procedure 54(d)(2).
For the reasons set forth more fully in the accompanying Memorandum of Points and
Authorities, Defendants’ alleged publication is protected under the Anti-SLAPP Act as an “[a]ct
in furtherance of the right of advocacy on issues of public interest.” D.C. Code § 16-5502(a).
As a result, Plaintiffs are required to show they are “likely to succeed on the merits” of their
claims, D.C. Code § 16-5502(b), a burden which they cannot carry. Accordingly, this Court
should grant Defendants’ motion and enter judgment in their favor dismissing the Amended
Complaint with prejudice.

Dated: January 29, 2018

Respectfully submitted,
/s/ William W. Taylor, III
William W. Taylor, III (D.C. Bar No. 84194)
Steven M. Salky (D.C. Bar No. 360175)
Rachel F. Cotton (D.C. Bar No. 997132)
ZUCKERMAN SPAEDER LLP
1800 M Street, NW, Suite 1000
Washington, D.C. 20036
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]
Counsel for Defendants BEAN LLC, a/k/a
FUSION GPS and Glenn Simpson

2

CERTIFICATE OF SERVICE
I hereby certify that on this 29th day of January, 2018, I electronically filed and served
the foregoing using the CM/ECF system.
/s/ Rachel F. Cotton
Rachel F. Cotton