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Restis v. American Coalition Against Nuclear Iran, Inc.

United States District Court, S.D. New York

September 30, 2014

VICTOR RESTIS and ENTERPRISES SHIPPING AND TRADING S.A., Plaintiffs,
v.
AMERICAN COALITION AGAINST NUCLEAR IRAN, INC. a/k/a UNITED AGAINST NUCLEAR IRAN, MARK D. WALLACE, DAVID IBSEN, NATHAN CARLETON, DANIEL ROTH, MARTIN HOUSE, MATAN SHAMIR, MOLLY LUKASH, LARA PHAM, and DOES 1-10, Defendants

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For Victor Restis, Enterprises Shipping and Trading S.A., Plaintiffs: Abbe David Lowell, LEAD ATTORNEY, Benjamin David Bleiberg, Jeremy Solomon Siegel, Serine Rami Consolino, Chadbourne & Parke LLP (DC), Washington, DC; Michael Bhargava, PRO HAC VICE, Chadbourne & Parke LLP (DC), Washington, DC.

For American Coalition Against Nuclear Iran, Inc., also known as United Against Nuclear Iran, Mark D. Wallace, Nathan Carleton, Defendants: Lee Scott Wolosky, LEAD ATTORNEY, Amy Lynn Neuhardt, Boies, Schiller & Flexner LLP, New York, NY; Brian Joseph Stack, PRO HAC VICE, Stack Fernandez Anderson & Harris, P.A., Miami, FL; Douglass A. Mitchell, Boies, Schiller & Flexner LLP, Las Vegas, NV.

For Tigris Financial Group Ltd., ADR Provider: Jonathan B. Rubenstein, Baker Botts L.L.P., Dallas, TX; Lisa Jane Hart, Baker Botts L.L.P., New York, NY; Richard Benjamin Harper, Baker Botts L.L.P (NYC), New York, NY.

For Andrew Shapiro, Thomas Kaplan, Miscellaneous: Jonathan B. Rubenstein, Baker Botts L.L.P., Dallas, TX; Lisa Jane Hart, Baker Botts L.L.P., New York, NY; Richard Benjamin Harper, Baker Botts L.L.P (NYC), New York, NY.

For United States Of America, United States Attorney's Office, 86 Chambers Street, New York, N.Y. 10007, 212-637-2793, Intervenor: Michael J. Byars, LEAD ATTORNEY, David Stuart Jones, U.S. Attorney's Office, SDNY (Chambers Street), New York, NY.

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OPINION AND ORDER

Edgardo Ramos, UNITED STATES DISTRICT JUDGE.

This is a tort action concerning accusations that Victor Restis and Enterprises Shipping and Trading S.A. (collectively, " Plaintiffs" ) have engaged in prohibited business transactions in Iran. Plaintiffs bring this action against American Coalition Against Nuclear Iran Inc., a/k/a United Against Nuclear Iran (" UANI" ), Mark D. Wallace, David Ibsen, Nathan Carleton, Daniel Roth, Martin House, Matan Shamir, Molly Lukash, Lara Pham, and Does 1-10 (collectively, " Defendants" ), alleging that as a result of UANI's " name and shame" campaign to destroy their reputations, Defendants are liable for defamation, tortious interference with prospective economic advantage, tortious interference with contract, intentional infliction of emotional distress, and prima facie tort. Pending before the Court is Defendants' motion to dismiss the Second Amended Complaint (" SAC" ).[1] Doc. 25. For the

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reasons discussed below, Defendants' motion to dismiss is GRANTED in part and DENIED in part.

I. Background

Plaintiff Victor Restis, a citizen and resident of Greece, is a highly successful and respected entrepreneur in the shipping industry. SAC ¶ 23.[2] Mr. Restis and his family are among the largest and most successful ship owners in Greece, and their companies employ thousands of individuals. Id. Plaintiff Enterprises Shipping and Trading S.A. (" EST" ) is one of the world's largest independent off-shore shipping companies and the flagship of the Restis shipping businesses. Id. ΒΆ 24. EST manages more than 80 ...


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