Flowers v. Carville, No. CV-S-99-1629-PMP LRL.

Decision Date24 August 2000
Docket NumberNo. CV-S-99-1629-PMP LRL.
Citation112 F.Supp.2d 1202
PartiesGennifer FLOWERS, Plaintiff, v. James CARVILLE, George Stephanopoulos, Little, Brown & Company, Hillary Rodham Clinton, Defendants.
CourtU.S. District Court — District of Nevada

Rex Bell, Bell Lukens Marshall & Kent, Las Vegas, NV, Larry Klayman, Judicial Watch, Inc., Washington, DC, John Lukens, Bell Lukens Marshall & Kent, Las Vegas, NV, for Flowers, Gennifer, Plaintiff.

Paul Hejmanowksi, Lionel, Sawyer & Collins, Las Vegas, NV, Jo Bennett Marsh, McDaniel & Marsh, William Alden McDaniel, McDaniel & Marsh, Baltimore, MD, Walter Cannon, Rawlings, Olson, Cannon, Et Al, Las Vegas, NV, David E. Kendall, Williams & Connolly, Washington, DC, Mara W. Murphy, Williams & Connolly, Washington, DC, Nicole K. Seligman, Williams & Connolly, Washington, DC, Andrew Gordon, McDonald, Carano, Wilson, Et Al, Las Vegas, NV, Laura R. Handman, Davis Wright Tremaine LLP, Washington, DC, Matthew A. Leish, Davis Wright Tremaine LLP, New York City, for Defendants.

ORDER

PRO, District Judge.

I. INTRODUCTION

Presently before this Court are five motions. The first, is a Motion to Dismiss the First Amended Complaint filed by Defendant Hillary Rodham Clinton ("Clinton") on March 15, 2000 (Doc. # 17). Plaintiff Gennifer Flowers ("Flowers") filed an Opposition on May 4, 2000 (Doc. # 64). On May 26, 2000, Defendant Clinton filed a Reply (Doc. # 84).

The second, is a Motion to Dismiss the First Amended Complaint filed by Defendant James Carville ("Carville") on March 15, 2000 (Doc. # 18). On May 4, 2000, Flowers filed an Opposition (Doc. # 63). Carville filed a Reply on May 24, 2000 (Doc. # 81).

The third, is a Motion to Dismiss the First Amended Complaint filed by Defendants George Stephanopoulos ("Stephanopoulos") and Little, Brown & Company on March 31, 2000 (Doc. # 26). Flowers filed an Opposition on June 5, 2000 (Doc. # 89). On June 19, 2000, Stephanopoulos and Little, Brown & Company filed a Reply (Doc. # 92).

The fourth, is a Motion for Leave to Amend the First Amended Complaint filed by Plaintiff Flowers on May 4, 2000 (Doc. # 65). Stephanopoulos and Little, Brown & Company filed a Response to Plaintiff's Motion for Leave to File a Second Amended Complaint on May 23, 2000 (Doc. # 80). Carville filed an Opposition on May 24, 2000 (Doc. # 82) and on May 26, 2000, Clinton filed an Opposition (Doc. # 86). Flowers filed a Reply to Carville's Opposition on June 7, 2000 (Doc. # 90) and a Reply to Clinton's Opposition on June 9, 2000 (Doc. # 91).

On July 18, 2000, the Court conducted a hearing regarding the above four motions. A fifth motion seeking leave to file a Third Amended Complaint was filed by Flowers on July 31, 2000 (Doc. # 96). On August 4, 2000, Stephanopoulos and Little, Brown & Company filed their Opposition (Doc. # 97). Clinton filed an Opposition on August 8, 2000 (Doc. # 98). Flowers filed a Reply to Stephanopoulos and Little, Brown & Company's Opposition on August 10, 2000 (Doc. # 99). On August 15, 2000, Carville filed an Opposition (Doc. # 100).

II. FACTUAL BACKGROUND

This case was originally filed by Flowers on November 18, 1999, against Carville, Stephanopoulos and Little, Brown & Company. The Complaint contained causes of action for Defamation and False Light. The Complaint was amended on January 20, 2000, adding Defendant Hillary Rodham Clinton. The First Amended Complaint contains causes of action for Defamation as to all Defendants, False Light as to all Defendants, Invasion of Privacy (Publicity given to Private Life) against Defendant Clinton, Invasion of Privacy (Intrusion into Seclusion) against Defendant Clinton and Conspiracy as to all Defendants.

Essentially, Flowers alleges that during the 1992 presidential campaign, Defendant Hillary Clinton organized and directed a campaign "War Room" to attack and smear Flowers and other individuals in an effort benefit the candidacy of Bill Clinton for President of the United States. (First Am. Compl. ¶ 7). Flowers alleges that both Carville and Stephanopoulos were active participants of the "War Room" conspiring with Defendant Clinton to defame Flowers. (First Am. Compl. ¶ 8).

Flowers claims that Carville and Stephanopoulos have continuously defamed her and portrayed her in a false light since 1992. Flowers specifically alleges that Carville made defamatory statements in a book he co-authored called All's Fair: Love, War and Running for President, published in 19941 and on a Larry King Live interview broadcast on January 21, 1998. (First Am. Compl. ¶¶ 10-13). Stephanopoulos is alleged to have made defamatory statements in his book All Too Human: A Political Education, published in 19992 and in statements made during a Larry King Live interview broadcast on February 2, 1998. (First Am. Compl. ¶¶ 14, 15). In seeking leave to file a Third Amended Complaint, Flowers contends that Stephanopoulos made an additional defamatory statement on May 20, 2000, during an interview by Tim Russert on a CNBC cable television show. The latest statements alleged by Flowers to be defamatory relate to particular tape recorded conversations between President Clinton and Flowers in 1992. (First Am. Compl. ¶ 11).

Additionally, Flowers alleges that Defendant Hillary Clinton invaded her right to privacy by publicly disclosing private facts concerning Flowers and that Defendant Clinton was responsible for individuals breaking and entering her residence on numerous occasions. (First Am. Compl. ¶¶ 37, 41).

III. LEGAL STANDARD FOR MOTION TO DISMISS

In considering the three Motions to Dismiss, the factual allegations of Flowers' Complaint must be presumed to be true, and this Court must draw all reasonable inferences in favor of Plaintiff. Usher v. City of Los Angeles, 828 F.2d 556, 561 (9th Cir.1987). The issue is not whether Plaintiff will ultimately prevail, but whether she is entitled to offer evidence in support of her claims. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974). Consequently, the Court may not grant a Motion to Dismiss for failure to state a claim "unless it appears beyond doubt that the Plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). The Court does not, however, necessarily assume the truth of legal conclusions merely because they are cast in the form of factual allegations in Plaintiff's Complaint. Western Mining Council v. Watt, 643 F.2d 618, 624 (9th Cir.1981), cert. denied, 454 U.S. 1031, 102 S.Ct. 567, 70 L.Ed.2d 474 (1981).

IV. DISCUSSION

Each Defendant argues that a number of Flowers' claims should be dismissed because they are barred by the applicable statute of limitations. Stephanopoulos and Little, Brown & Company specifically contend that the statute of limitations of another jurisdiction should govern under Nevada's borrowing statute and that the substantive law of another state should be applied. Flowers responds by asserting that the Nevada statute of limitations is applicable, that Defendants conduct constitutes a continuing violation, thereby making Flowers' claims timely, and that Nevada substantive law applies.

Clinton, Stephanopoulos and Little Brown & Company also contend that the particular statements upon which Flowers bases her defamation claim are not defamatory and that Flowers will be unable to show that any Defendants acted with "actual malice," a requirement for recovery by a public figure.

Clinton contends that Flowers' claim for false light is not recoverable since it is duplicative of her defamation claim. She also argues that Flowers' claims for invasion into seclusion and public disclosure of private facts are vague and were not brought within the statute of limitations. Clinton asserts that because Flowers' other claims fail, so to does her claim for civil conspiracy. Flowers challenges these arguments and attempts to amend her Complaint by pleading special damages with more particularity and by including a recent statement by Stephanopoulos that she alleges to be defamatory.

A. Statute of Limitations
1. Statements made by Stephanopoulos

In federal diversity cases, the statute of limitations in the state in which the action is brought is generally controlling. Bancorp Leasing and Fin. Corp. v. Agusta Aviation Corp., 813 F.2d 272, 274 (9th Cir.1987) (citing Walker v. Armco Steel Corp., 446 U.S. 740, 751-753, 100 S.Ct. 1978, 64 L.Ed.2d 659 (1980)). Nevada's statute of limitations for libel and slander is two years. Nev.Rev.Stat. § 11 .190 (1998). Stephanopoulos and Little, Brown & Company argue, however, that New York's one year statute of limitations for defamation claims should govern in accord with Nevada's borrowing statute. N.Y. C.P.L.R. § 215(3) (McKinney 1999).

Borrowing statutes are designed to prevent forum shopping and Nevada's borrowing statute provides:

When a cause of action has arisen in another state, or in a foreign country, and by the laws thereof an action thereon cannot there be maintained against a person by reason of the lapse of time, an action thereon shall not be maintained against him in this state, except in favor of a citizen thereof who has held the cause of action from the time it accrued.

Nev.Rev.Stat. § 11.020 (1998). Under Nevada's borrowing statute, if a cause of action arose in another state and would be barred by that state's statute of limitations then the action could not be maintained in Nevada.

In Nevada, a plaintiff's cause of action arises where the particular defendant resides at the time of the alleged tortious conduct. Alberding v. Brunzell, 601 F.2d 474, 477 (9th Cir.1979); Lewis v. Hyams, 26 Nev. 68, 63 P. 126 (1900); Wing v. Wiltsee, 47 Nev. 350, 223 P. 334 (1924). "[T]he Nevada Supreme Court established that the cause of action on an obligation accrues in the place where the defendant resided when the...

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