Exhibit E - WordPress.comexhibit e filed: new york county clerk 10/15/2019 06:14 pm index no....

Exhibit E

FILED: NEW YORK COUNTY CLERK 10/15/2019 06:14 PM INDEX NO. 157902/2019

NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/15/2019

11DAVIS WRIGHT TREMAINE LLP

865 S. FIGUEROA ST.2 SUITE 2400

LOS ANGELES, CALIFORNIA 90017-2566 ORIGINAL FILED

3| TELEPHONE (213) 633-6800FAX (213) 633-6899 AlJG 2 4 2000

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5 KELLI L. SAGER (State Bar No. 120162)ALONZO WICKERS IV (State Bar No. 169454)

6 SUSAN E. SEAGER (State Bar No. 204824)

7 Attorneys for Defendants

CHICAGO TRIBUNE COMPANY,8 TRIBUNE PUBLISHING COMPANY, and

CHICAGO TRIBUNE NEWSPAPERS, INC.

10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 FOR THE COUNTY OF LOS ANGELES

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13 AIR ZIMBABWE CORPORATION, a ) Case No. BC 227735Zimbabwe corporation; and SITA WORLD ) [Complaint Filed on: April 5, 2000;

14 TRAVEL, INC., a California Corporation, ) Assigned to Hon. Robert A. Dukes])

15 Plaintiffs )'

yNOTICE OF ENTRY OF ORDER

16 vs )GRANTING THE TRIBUNEDEFENDANTS' SPECIAL MOTIONS

17 TRIBUNE PUBLISHING COMPANY, a )TO STRIKE PLAINTIFFS'

Delaware corporation, CHICAGO )COMPLAINT

18 TRIBUNE NEWSPAPERS, INC., an )Illinois corporation, CHICAGO TRIBUNE )

19 COMPANY, an Illinois corporation, GABY )PLATTNER, an individual, CTC, a business)

20 entity of unknown form, and DOES 1-100, )

)21 Defendants. )

23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

24 PLEASE TAKE NOTICE that on August 22, 2000, the Superior Court of the State of

25 California for the County of Los Angeles, the Honorable Robert A. Dukes, Judge, presiding,

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DAVISWRIGHTTREMAINE LLP

NOTICE OF ENTRY OF ORDERtos' 5

sE OA

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1 entered an Order granting defendants Chicago Tribune Company's, Tribune Publishing

2 Company's, and Chicago Tribune Newspapers, Inc.'s Special Motions To Strike the Complaint of

3 plaintiffs Air Zimbabwe Corporation and Sita World Travel, Inc. A copy of the Order is attached

4 as Exhibit A to this Notice.

5 DATED: August 23, 2000 DAVIS WRIGHT TREMAINE LLP

KELLI L. SAGER6 ALONZO WICKERS IV

7SUSAN E. SEAGER

By:

Alonzo Wickers IV10

Attorneys for Defendants

CHICAGO TRIBUNE COMPANY,

12 TRIBUNE PUBLISHING COMPANY, and


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2 DAVIS WRIGHT TREMAINE LLP

NOTICE OF ENTRY OF ORDER tOs"‡Sds? sEROA

SO 900 -2566F:\DOCS\53293\l\00052PLD.DOC 13 6336808



EXHIBIT A



DAVIS WRiGuT TREMAINE LLP

865 S. FlGUEROA ST.

SUITE 2400LOs ANGELES, CAllFORNIA 90017-2566

3 TELEPHONE (213) 633-6800 ..FAX (213) 633-6899

S5 KELLI L. SAGER (State Bar No. l?0167.)

ALONZO WICKERS IV (State Bar No. 169454)6 SUSAN E. SEAGER (State Bar No. 204824)

7 Attorneys for DefendantsCHICAGO TRIBUNE COMPANY,

8 TRIBUNE PUBLISHING COMPANY, andCHICAGO TRIBUNE NEWSPAPERS, INC.

9

10 SUPERIOR COURT OF THE STATE OF CALIFORNIA

11 FOR THE COUNTY OF LOS ANGELES

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13 AIR ZIMBABWE CORPORATION, a ) Case No. BC 227735Zimbabwe corporation; and SITA WORLD ) [Complaint Filed on: April 5, 2000;

14 TRAVEL, INC., a California Corporation, ) Assigned to Hon. Robert A. Dukes]

15 Plaintiffs )'

y [PRGEDSED] ORDER GRANTING THE16 vs )

TRIBUNE DEFENDANTS'SPECIAL

MOTIONS TO STRIKE PLAINTIFFS'

17 TRIBUNE PUBLISHING COMPANY, a )COMPLAINT

Delaware corporation, CHICAGO )18 TRIBUNE NEWSPAPERS, INC., an )

Illinois corporation, CHICAGO TRIBUNE )19 COMPANY, an Illinois corporation, GABY )

PLATTNER, an individual, CTC, a business)20 entity of unknown form, and DOES 1-100, )

)21 Defendants. )

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23 The Tribunedefendants'

Special Motions to Strike the Complaint of plaintiffs Air

24 Zimbabwe Corporation ("AZC") and Sita World Travel, Inc., ("Sita") pursuant to Code of Civil

. 25 Procedme § 425.16, came on regularly for hearing on July 27, 2000, before Judge Robert A. Dukes,

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DAVIS WRIGHTTREMAINE LLP

[PROPOSED]ORDER cos"5fo½¶sy°^/oS fooW.°

\LAX _NT\DOCS\DOCS\53293\1\000480RD.DOC 21 680



1 presiding, in Department 25 of the above-entitledCourt.'

Kelli L. Sager appeared on behalf of the

2 Tribune defendants and Surjit P. Soni appeared on behalf of the plaintiffs.

3 This Court, having read and considered the supporting points and authorities and evidence,

having beard the argument of counsel, and good cause appearing therefor, orders as follows:

5 IT IS HEREBY ORDERED. ADJUDGED AND DECREED THAT the Tribune

6defendants'

Special Motion to Strike plaintiff AZC's defamation and negligence causes of action is

7 GRANTED, on the grounds that: (1) the Tribune defendants engaged in the acts of complained of

8 in the Complaint in furtherance of their rights of free speech under the United States and California

9 Constitutions in connection with a matter of public interest; and (2) AZC cannot establish that there

10 is a probability that it will prevail on either of its causes of action. AZC cannot demonstrate a

11 probability of prevailing on its defamation cause of action because: (a) AZC, as a government

12 entity, is precluded under the First Amendment from pursuing a defamation claim; and/or (b) AZC,

13 as a limited purpose public figure that has voluntarily entered the pre-existing public debate about

14 its air safety record, has failed to make the required showing that the Tribune defendants acted with

15 constitutional actual malice. AZC cannot demonstrate a probability of prevailing on its negligence

16 cause of action because that cause of action is based on the same facts as its flawed defamation

17 cause of action and therefore fails for the same reasons.

18 IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT the Tribune

19defendants'

Special Motion to Strike plaintiff Sita's defamation and negligence causes of action is

20 GRANTED, on the grounds that: (1) the Tribune defendants engaged in the acts of complained of

21 in the Complaint in furtherance of their rights of free specch under the United States and California

22 Constitutions in connection with a matter of public interest; and (2) plaintiff Sita cannot establish

23 that there is a probability that it will prevail on either of its causes of action. Sita cannot

24 demonstrate a probability of prevailing on its defamation cause of action because the Tribune

25defendants'

article was not "of andcoñcerñing"

Sita and Sita therefore cannot state a claim for

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IThe Tribune Publishing Company, Chicago Tribune Company, and Chicago Tribune

28; Newspapers, Inc. are referred to collectively as "the Tribunedefendants."

______ DAVIS WRIGHT TREMAINE LLP

[PROPOSED] ORDER865S FlGUEROAST.SCITE2400

uLAX_NEDOCS\DOCS\53293\1t000480RD.DOCLOSANGELES LIFORNIA90017-2566

Fat 1213)613-6899



1 defamation. Sita cannot demonstrate a probability of prevailing on its negligence cause of action

2 because that cause of action is based on the same facts as its flawed defamation cause of action and

3 therefore fails for the same reasons.

4 IT IS FURTHER ORDERED, ADIUDGED AND DECREED THAT the Tribune

5 defendants shall be awarded theirattorneys'

fees and costs incurred in this action pursuant to the

6 Code of Civil Procedure § 425.16(c).

7 IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT AZC's and Sita's

8 causes of action against the Tribune defendants shall be dismissed in their entirety.

DATED: .000, 2000

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H NO)U ÚbERT . DI, 8

Judge of the Superior Court

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[PROPOSED] ORDER3865 E

ASO $66

\\LAXfnDOCS DOCSTS3293\l\00048ORD.DOCa»>6



1 Submitted by:


, KELLI L. SAGER

ALONZO WICKERS IV

4 SUSAN E. SEAGER ,

5 By.

Alonzo Wickers IV6

7 Attorneys for Defendants

CHICAGO TRIBUNE COMPANY,8 TRIBUNE PUBLISHING COMPANY, and


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[PROPOSED] ORDER865 UE OAST S T 00

ALAX_N'nDOCS\DOCS\53293\l\000480RDDOC mnon-6sooFax(2th6H-6849



I PROOF OF SERVICE BY FACSIMILE AND U.S. MAIL

2 I am employed in the County of Los Angeles. State of California. I am over the age of I 8and not a party to the within action. My business address is Davis Wright Tremaine LLP. 865 S.

3 Figueroa St., Suite 2400. Los Angeles, California 90017-2566.

4 On July 28, 2000, I served the foregoing document(s) described as:

5 [PROPOSEDI ORDER GRANTING THE TRIBUNE DEFENDANTS' SPECIALMOTIONS TO STRIKE PLAINTIFFS' COMPLAINT

6

on the interested parties to this action, by Facsimile and by U.S. Mail by placing a true copy of7 said document(s) enclosed in a sealed envelope(s) for each addressee named below, with the name

and address of the person served shown on the envelope as follows:8

. Surjit P. Soni, Esq.9 M. Danton Richardson, Esq.

The Soni La,v Firm10

55 South Lake Avenue, Suite 720

11 Pasadena, CA 91101

FAX: (626) 683-1199

12(FROM FACSIMILE TELEPHONE NO. (213) 633-6899) at 865 S. Figueroa St., Suite

13 2400, Los Angeles, California. Upon completion of the said facsimile machine transmission, the

transmitting machine will issue a transmission report showing that the transmission was complete

14 and without error.

15 (U.S. MAIL) - I placed such envelope(s) with postage thereon fully prepaid for deposit inthe United States Mail in accordance with the office practice of Davis Wright Tremaine LLP for

16 collecting and processing correspondence for mailing with the United States Postal Service. I amfamiliar with the office practice of Davis Wright Tremaine LLP, for collecting and processing

17 correspondence for mailing with the United States Postal Service, which practice is that whencorrespondence is deposited with the Davis Wright Tremaine LLP, personnel responsible for

18 delivering correspondence to the United States Postal Service, such correspondence is delivered tothe United States Postal Service that same day in the ordinary course of business.

19Executed on July 28, 2000, at Los Angeles, California.

21 El State I declare under penalty of perjury, under the laws of the State of California, that

the foregoing is true and correct.

22O Federal I declare under penalty of perjury under the laws of the United States of

23 America that the foregoing is true and correct and that I am employed in the

office of a member of the bar of this Court at w se direction the se ice was

24 made./

25 CAROLINA P. SOLANO /

Print Name Signature

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DAVIS WRIGHT TREMAINE LLP

PROOF OF SERVICE,565

F:\DOCS\53293\ l\POS.DOC 2 .6s



1 PROOF OF SERVICE BY MAIL

2 I am employed in the County of Los Angeles, State of California. I am over the age of 18and not a party to the within action. My business address is Davis Wright Tremaine LLP, 865 S.

3 Figueroa St., Suite 2400, Los Angeles, California 90017-2566.

4 On August 24, 2000, I served the foregoing document(s) described as: NOTICE OFENTRY OF ORDER GRANTING THE TRIBUNE DEFENDANTS' SPECIAL MOTIONS 1

5 TO STRIKE PLAINTIFFS' COMPLAINT by placing a true copy of said document(s) enclosedin a sealed envelope(s) for each addressee named below, with the name and address of the person

6 served shown on the envelope as follows:

7 Surjit P. Soni, Esq.

M. Danton Richardson, Esq.8 The Soni Law Firm

955 South Lake Avenue, Suite 720

Pasadena, CA 91101

10I placed such envelope(s) with postage thereon fully prepaid for deposit in the United States

11 Mail in accordance with the office practice of Davis Wright Tremaine LLP, for collecting and

processing correspondence for mailing with the United States Postal Service. I am familiar with

12the office practice of Davis Wright Tremaine LLP, for collecting and processing correspondencefor mailing with the United States Postal Service, which practice is that when correspondence is

13 deposited with the Davis Wright Tremaine LLP, personnel responsible for deliveringcorrespondence to the United States Postal Service, such correspondence is delivered to the United

14 States Postal Service that same day in the ordinary course of business.

15 Executed on August 24, 2000, at Los Angeles, California.

16El State I declare under penalty of perjury, under the laws of the State of California,

17that the foregoing is true and correct.

13O Federal I declare under penalty of perjury under the laws of the United States of

America that the foregoing is true and correct and that I am employed in the

19 office of a member of the bar of this Court at whose direction the service wasmade.

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21CAROLINA SOLANO

Print Name Signature

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DAVIS WRIGHTTREMAINE LLP

PROOF OF SERVICE 386&S6ssE OA

00 7-2566F:\DOCS\53293\l\POS.DOC 3 633-6800



Exhibit E - WordPress.comexhibit e filed: new york county clerk 10/15/2019 06:14 pm index no....

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Transcript of Exhibit E - WordPress.comexhibit e filed: new york county clerk 10/15/2019 06:14 pm index no....