On May 3, 2021, Frankspeech anchor Brannon Howse interviewed Mr. Oltmann. [Id. at
¶ 53]. Mr. Howse began the interview by stating, “[a]gain, I want to remind you before we go to our next guest in Colorado, he’s going to tell you about a live conference call with one of the leaders of Dominion voting machines. Before we go to that guest, don’t forget, go to
mypillow.com if you would. Use the promo code FRANK and save up to 66%.” [Id. at ¶ 53].
During this interview, Mr. Oltmann repeated his claims about the conference call, specifically identifying Dr. Coomer. [Id. at ¶¶ 54–55]. He again explained that he identified Plaintiff as the “Eric” on the conference call using Google, stating he “started doing research” and “it didn’t take [him] much to figure out who [Eric] was. I Googled ‘Eric Dominion Denver Colorado’ and up pops all this information on Eric Coomer of Dominion Voting Systems and what he did.” [Id. at
¶ 56].
On May 9, 2021, Mr. Lindell appeared on Frankspeech. [Id. at ¶ 61]. He stated, with
respect to Plaintiff:
Yeah, Eric Coomer, if I’m you right now, I am, instead of going over and making
deals at Newsmax, if I’m you, I’m turning myself in and turning in the whole
operation so maybe, just maybe, that you get immunity and you only get to do, I
don’t know, ten, twenty years. I mean, you are disgusting, and you are treasonous.
You are a traitor to the United States of America. And you know what? I can say
that, just like I can about Brian Kemp and Brad Raffensberger. These are things
that I have evidence of. The evidence is there. You know, it’s sitting there. Well
Mike, ‘Why don’t you turn it all in to the Supreme Court and bring it to the FBI?’
Oh, it’s getting to the Supreme Court, everybody.
[Id. (emphasis omitted)]. According to Plaintiff, Mr. Lindell’s reference to “deals at Newsmax” refers to Newsmax’s on-air retraction of similar claims about—and apology to—Dr. Coomer just days prior. [Id. at ¶ 62]. Then, in August 2021, Mr. Lindell hosted a “Cyber Symposium” that was “created, run, and produced by” Mr. Lindell, MyPillow, and Frankspeech. [Id. at ¶ 70]. Case 1:22-cv-01129-NYW-SKC Document 119 Filed 03/15/23 USDC Colorado Page 4 of 27
Throughout the symposium, Defendants published statements repeating the false allegations against Dr. Coomer. See, e.g., [id. at ¶¶ 82, 84–89].
Defendants were served with this lawsuit just before a “Colorado Election Truth Rally” on April 4, 2022. [Id. at ¶¶ 92–93]. After receiving service of process, Mr. Lindell gave a speech; referring to supposed election fraud, he stated: “It started with Eric Coomer and Dominion based right here in Colorado. By the way, [Plaintiff] just sued me as I walked up on the stage. Just sued me, I just got papers. Thanks, Eric! Now Eric will be the first one behind bars when we melt down the machines.” [Id. at ¶ 94]. The next day, Frankspeech published another statement from
Mr. Lindell:
So everybody, if you want to know just how corrupt, the corruption we’re up
against. Eric Coomer served, had served papers to me before I was going onstage
at the Capitol. I’ve never talked about Eric Coomer. He’s the, apparently he’s the
president of Dominion, the criminal crime family here in Denver. . . .
Eric Coomer, you are a criminal. Eric Coomer, your lawyers better look out. I’m
not putting up with this. My Pillow doesn’t even know who you are. My
employees, I have 2,700 employees. Shame on you Eric Coomer. You did a very,
very stupid move, Mr. Coomer. You’re going to be the first one, right behind
Rafsenberger [sic] and Jena Griswold behind bars. . . . You’ve been a part of the
biggest crime this world has ever seen. Eric Coomer, president of Dominion, you
have even said what you did or what you were going to do. You’re disgusting.
You’re disgusting, you’re evil, you belong behind bars, and we will not stop until
you are behind bars. We’re going to melt down your little machines and you’re
going to hang on to your little prison bars. “Let me out, let me out!” Should have
thought about that, Eric Coomer, before you did crimes against the United States
and quite frankly all of humanity. It’s disgusting what you’ve done. You and
Dominion. And Jena Griswold.
[Id. at ¶ 95].
Dr. Coomer alleges that as a result of Defendants’ conduct, he “has received countless
credible death threats, and continues to receive those threats on a regular basis.” [Id. at ¶ 112]. He asserts that he has “been forced to take [measures] to protect himself” due to Defendants’ conduct and that he has experienced and will continue to experience serious and emotional physical distress Case 1:22-cv-01129-NYW-SKC Document 119 Filed 03/15/23 USDC Colorado Page 5 of 27 due to Defendants’ actions. [Id. at ¶ 116]. He claims harm to his reputation, privacy, safety, and earnings. [Id.].
Plaintiff initiated this lawsuit on April 4, 2022 in the District Court of Denver County, Colorado, [Doc. 4], and Defendants removed the case to federal court on May 5, 2022. [Doc. 1]. In his Amended Complaint, Plaintiff asserts three causes of action against all Defendants: (1) defamation, (2) intentional infliction of emotional distress, and (3) civil conspiracy. [Doc. 21 at ¶¶ 117–30].2 Defendants now move to dismiss each of these claims under Rule 12(b)(6). See generally [Doc. 38].
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