OPINION & ORDER Ariadna Jacob and her company, Influences, Inc. (collectively, “Plaintiffs”), brought this libel suit on August 12, 2021, against Taylor Lorenz and her then-employer The New York Times (collectively, “Defendants”), for statements made in an allegedly defamatory article written by Lorenz and published by the New York Times on August 14, 2020 (the “Article”).1 Doc. 1. The Court issued an Opinion granting Defendants’ motion to dismiss the first amended complaint (“FAC”) on September 7, 2022. Jacob et al. v. Lorenz et al., 626 F. Supp. 3d 672 (S.D.N.Y. 2022); Doc. 26. In the Opinion, the Court granted Plaintiffs limited leave to amend the complaint, and Plaintiffs timely filed a second amended complaint (“SAC”) on October 5, 2022. Doc. 28. Pending before the Court is Defendants’ motion to dismiss the SAC for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), Doc. 42, in addition to the parties’ letter motions requesting oral argument on the motion, Docs. 45, 50. For the reasons set forth below, Defendants’ motion to dismiss is GRANTED in PART and DENIED in PART, and the parties’ letter requests for oral argument are DENIED as moot. I. BACKGROUND A. Factual Background The following facts are based on the allegations in the SAC, Doc. 26, which the Court accepts as true for purposes of the instant motion.2 See, e.g., Koch v. Christie’s Int’l PLC, 699 F.3d 141, 145 (2d Cir. 2012). Jacob is the founder and CEO of Influences, Inc. Doc. 28
3, 4, 12. Jacob is in the business of managing, counseling, and guiding “influencers,” or people who market themselves as well as products and services on social media platforms. Id. 13. Jacob is also known to have managed so-called “collaborative houses” where young influencers live and work.3 Id. 14. Jacob is familiar with computer coding, search engine optimization, and social media, and she has a background in marketing and branding. Id. 15. At one point, Influences represented over 85 influencers, also known as content creators. Id. 13. The individual defendant Lorenz, at all relevant times, was a technology columnist for The New York Times. Id. 19. On August 10, 2020, Lorenz contacted Jacob via text message and requested a call with her. Id. 21. Prior to the phone call, which ultimately never occurred, Jacob found out that Lorenz was writing a story on allegations of impropriety against Jacob and Influences.4 Id. 22. Lorenz then sent an email containing 27 questions and requesting that Jacob respond by 9 a.m. the next day. Doc. 44-3 at 8; id. 23. Jacob and her attorney responded with documentation and offered to provide additional documentation “on background.”5 Doc. 28 24. Lorenz responded with an email purporting to summarize the facts and an additional 12 questions. Id. 24. Jacob again responded with documentation refuting several of the allegations. Id.
