Atas v. The New York Times Company

Background

Nadire Atas filed an amended complaint alleging defamation based on two New York Times articles and discussion of those articles on The Daily, a podcast produced by the Times. The articles were titled “A Vast Web of Vengeance,” published January 30, 2021, and “Woman Accused of Defaming Dozens Online Is Arrested,” published February 10, 2021. Atas sought monetary damages from The New York Times Company and other defendants.

The court had previously allowed Atas to proceed without prepaying filing fees. Because she was proceeding without a lawyer and had received that permission, federal law entitled her to rely on the court and the U.S. Marshals Service to serve process, meaning to deliver the summons and complaint to defendants.

Service on the Times defendants

The court directed the Clerk of Court to issue summonses and prepare service forms for The New York Times, Ellen Pollock, Kashmir Hill, The Daily Podcast, and Michael Barbaro. The Clerk was also directed to deliver the necessary documents to the U.S. Marshals Service. If the amended complaint was not served within 90 days after the summonses were issued, Atas was instructed to request an extension of time. The court also stated that Atas must notify the court in writing if her address changes and that the action could be dismissed if she failed to do so.

Service on Lily Meier

Atas alleged that Lily Meier was domiciled in New York but did not provide an address where Meier could be served. The court directed Atas to provide a service address for Meier within 30 days of the order. After receiving that address, the court would direct the Clerk to complete the service form and deliver the necessary documents to the U.S. Marshals Service. The court stated that if Atas failed to comply and could not show good cause for the failure, it would dismiss Meier without prejudice.

Out-of-state defendants

The amended complaint also named Matthew Cameron, identified as an Arkansas domiciliary; Dr. Joseph Caplan, identified as an Arizona domiciliary; Jennifer Hefler, identified as an Arkansas domiciliary; Michael Borysenko, identified as a Washington domiciliary; and Akumin Inc., identified as a Florida-domiciled corporate entity and Cameron’s employer. The court referred to these parties as the non-New York defendants. Atas’s claims against them were based on the allegation that they were sources for reporting that led to the articles and podcast episode.

The court held that it lacked personal jurisdiction over these defendants under New York’s long-arm statute. Personal jurisdiction is a court’s authority over a particular defendant. The statute generally allows jurisdiction over an out-of-state defendant who conducts certain business in New York or commits certain tortious acts connected to New York, but it contains exceptions for defamation claims. Because Atas’s claims against the non-New York defendants entirely involved alleged defamation, the court concluded that the relevant defamation exceptions applied.

The court explained that a defamation claim against an out-of-state defendant may still proceed under the statute’s business-activity provision if the defendant conducted purposeful activities in New York and there was a connection between those activities and the claim. But the court found that Atas’s allegation that these defendants served as sources for Hill was insufficient. Atas did not specifically allege that they had engaged in substantial conduct in or concerning New York. The court therefore concluded that it could not exercise specific personal jurisdiction over them.

John Doe and XYZ defendants

Atas also named John Doe defendants and XYZ corporations. The court declined, at that time, to issue an order under the procedure used to help identify unknown defendants. It found that Atas alleged no facts showing how those defendants were directly involved in the alleged defamation and provided no information that would permit their identification.

Disposition

The court ordered the Clerk to arrange service on The New York Times, Ellen Pollock, Kashmir Hill, The Daily Podcast, and Michael Barbaro; directed Atas to provide a service address for Lily Meier within 30 days; and declined to issue an identification order for the John Doe and XYZ defendants at that time. The order addressed service and personal jurisdiction, not whether Atas could prove her defamation claims. Judge J. Paul Oetken signed the order.