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Huang v. Minghui.org

Defamation Action Dismissed; 2003 Posting Time-Barred, 2016 Posting Not Defamatory

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OPINION AND ORDER Renxiong Huang, proceeding pro se, brings this action against Falun Gong1 organizations Minghui.org, Zhengjian.org,2 Eastern US Buddhas Study Falun Dafa Association, US Southwestern Falun Dafa Association, Mid USA Falun Dafa Association, and eight individual Falun Gong practitioners who are closely affiliated with the religion and its media outlets (collectively, “Defendants”). Second Amended Complaint (“SAC”) 1.3, Doc. 43.Huang alleges defamation and invasion of privacy. See id. at 2. Pending before the Court is Defendants’ motion to dismiss Huang’s Second Amended Complaint (“Defs.’ Mot. Dismiss SAC”). Doc. 55. For the reasons discussed below, Defendants’ motion is GRANTED.I. BACKGROUND3Huang filed the instant action on July 21, 2017. See Compl., Doc. 1. On November 13, 2017, Huang filed an Amended Complaint (“Amend. Compl.”) invoking federal-question jurisdiction under 28 U.S.C. §1331 and alleging (1) discrimination under the Civil Rights Act of 1964; (2) violations of the First Amendment; (3) claims under 28 U.S.C. §4101; (4) defamation pursuant to N.Y. C.P.L.R. §215(3) and the Restatement (Second) of Torts. Amend. Compl.

I, 2.3, Doc. 24. He sought in excess of $1.4 billion in damages. Id. at 8. On January 12, 2018, Defendants moved to dismiss the Amended Complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Defs.’ Mot. Dismiss”). Doc. 27. Thereafter, on July 25, 2018, this Court granted Defendants’ motion to dismiss without prejudice and permitted Huang to re-plead his claims in a Second Amended Complaint (“SAC”). See Huang I at *6.On September 17, 2018, Huang filed an SAC alleging (1) defamation pursuant N.Y. C.P.L.R. §215(3); and (2) invasion of privacy pursuant to N.Y. Civil Rights Law §50 and 51. See SAC

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