The Combs Defendants assert that Plaintiff’s complaint fails on multiple legal grounds and should be dismissed. First, they argue that no plausible claim is alleged under Rule 12(b)(6): the Complaint lacks sufficient factual allegations to meet the heightened pleading standard for fraud, defamation, RICO claims, or negligence. They contend Plaintiff offers nothing more than conclusory statements and unsupported legal labels, without demonstrating the required “who, what, when, where, and how” of each alleged misrepresentation or wrongful act. As a result, the Complaint falls short of establishing any viable cause of action warranting further discovery or litigation.

Second, the Combs Defendants underscore that statutory protections—such as the federal safe-harbor for forward-looking statements, New York’s absolute privilege for certain communications, and state-law immunity standards—shield them even if some wrongdoing is assumed. Moreover, any purported defamatory or false statements are not actionable as they are either opinion or based on disclosed facts, and the RICO claims are improperly pled in that they lack a pattern of racketeering activity. In light of these deficiencies and immunity defenses, the Court is asked to dismiss the Complaint against the Combs Defendants, with prejudice and without leave to amend.


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source:

gov.uscourts.nysd.630375.72.0.pdf