731 F.Supp.3d 403
E.D.N.Y2024Background
- Justin LaNasa, along with his companies TSR, LLC and Dungeon Hobby Shop Museum, LLC, sued Erik and Rachel Stiene for defamation, intentional infliction of emotional distress, and prima facie tort.
- The defendants operate "Tenkar’s Tavern" (website and YouTube), where they made various negative statements about LaNasa and his companies.
- The action was brought in federal court based on diversity jurisdiction (LaNasa is from North Carolina, the Stienes from New York), with an asserted amount in controversy over $75,000.
- Rachel Stiene was named as a defendant only in the Second Amended Complaint; however, LaNasa failed to serve her within the required 90-day period.
- The Court analyzed the sufficiency of service, subject-matter jurisdiction, and whether LaNasa’s pleadings stated a viable claim.
- After multiple amended complaints and clear court warnings about prior deficiencies, the Court considered the sufficiency of LaNasa’s claims and his entitlement (if any) to amend again.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Subject-matter jurisdiction | Diversity and damages over $75,000 are met | Amount-in-controversy not met; no true federal claim | Jurisdiction proper; amount met |
| Timely service on Rachel Stiene | Service attempt was delayed due to misunderstanding | Never properly served; court rules and deadlines ignored | Claims vs. Rachel dismissed w/o prejudice |
| Sufficiency of defamation claim | Defamation via various online and video statements | Statements were opinion, insults, not actionable | Claims dismissed; no plausible claim |
| Leave to amend | No further argument made for amendment | Deny further leave; repeated, unremedied deficiencies | Leave to amend denied; final dismissal |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (setting out plausibility pleading standard for Rule 12(b)(6) motions)
- St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283 (plaintiff’s claim of amount in controversy is accepted unless it appears legally impossible)
- Tannerite Sports, LLC v. NBCUniversal News Grp., 864 F.3d 236 (in New York, falsity is an element plaintiff must plead in a defamation claim)
- Palin v. New York Times Co., 940 F.3d 804 (sets out elements of defamation under New York law, including standards for public and private figures)
- Howell v. New York Post Co., Inc., 612 N.E.2d 699 (New York courts strictly interpret "extreme and outrageous" standard for intentional infliction of emotional distress)