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The following e-filed documents, listed by NYSCEF document number (Motion 003) 30-33, 53, 64, 65, 67 were read on this motion for       discovery. The following e-filed documents, listed by NYSCEF document number (Motion 004) 54-59, 68-71, 77 were read on this motion to                dismiss. The following e-filed documents, listed by NYSCEF document number (Motion 005) 60-63, 72-76 were read on this motion to      dismiss. DECISION ORDER ON MOTION Plaintiff brings this action against defendant Mariah Carey and defendants Macmillan Publishing Group, LLC d/b/a Henry Holt and Company, Michaela Angela Davis, and Andy Cohen d/b/a Andy Cohen Books (Andy Cohen Books) (collectively, publisher defendants) (together with defendant Carey, defendants) alleging that nine passages in Carey’s memoir defamed him. In motion sequence 003, plaintiff moves pursuant to CPLR 3211 (g) (3) for an order granting him leave to serve written discovery demands and to take up to three depositions of defendants. In motion sequence 004, publisher defendants move pursuant to CPLR 3211 (a) (7), CPLR 3211 (g), and Civil Rights Law §§70-a (1) (a) and 76-a, for an order dismissing the first amended complaint against them and an award of their costs and attorney fees. In motion sequence 005, Carey moves pursuant to CPLR 3211 (a) (7) and (g) for an order dismissing the first amended complaint as against her. The motions are consolidated for disposition. I. PERTINENT BACKGROUND The following facts are mostly drawn from the corrected first amended complaint dated July 6, 2021 (FAC) unless otherwise indicated. Plaintiff, Carey’s older brother by 10 years (NYSCEF 45, FAC 7), was born with “cerebral palsy, grand mal and petit mal epilepsy, and a left leg which was several inches shorter than the right…[H]e later overcame his disabilities” (id., 9) and during his childhood, he briefly stayed at the Sagamore Children’s Psychiatric Center (id., 42). Since then, plaintiff has worked at “iconic nightclubs such as Studio 54,” as a personal trainer for celebrity clients, and has written for Men’s Fitness Magazine. (id.,

9-10). He also developed Korean musical acts (id., 13) and with his wife, has written two screenplays, one of which has been optioned for a film (id., 14). Carey is a “world-renowned musician, singer and songwriter” (id., 8); Macmillan is a book publisher (id.,

 
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