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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Fort Lauderdale Division

DONALD J. TRUMP, 

Plaintiff,

v. 

CABLE NEWS NETWORK, INC.

Defendant.

Case No.: 22-cv-61842-AHS

NOTICE OF SUPPLEMENTAL FILING IN SUPPORT OF 

PLAINTIFF’S MOTION FOR RECONSIDERATION AND/OR REHEARING 

OF COURT’S ORDER GRANTING DEFENDANT’S MOTION TO DISMISS 

Plaintiff, DONALD J. TRUMP (“Plaintiff”), by and through undersigned counsel and, 

hereby files his Notice of Supplemental Filing in Support of Plaintiff’s Motion for Reconsideration 

and/or Rehearing of the Court’s Order Granting Defendant’s Motion to Dismiss [DE 32]. 

The supplemental filing, which is attached hereto as Exhibit A, is an Order recently entered 

in the Circuit Court for the Fourteenth Judicial Circuit in and for Bay County, Florida in the matter 

styled Zachary Young and Nemex Enterprises, Inc. v. Cable News Network, Case No. 22-CA-608. 

The supplemental filing is submitted in further support of Plaintiff’s contention that leave should 

be granted to permit Plaintiff to add a claim for defamation by implication and permit the parties 

to conduct discovery related to such a claim. 

In the Order dated August 3, 2023, the court granted plaintiffs’ motion for leave to amend 

the complaint to allege a claim for punitive damages against Cable News Network arising from 

claims alleged against Cable News Network for: (a) Defamation Per Se, (b) Defamation By 

Implication, (c) and Trade Libel. In the Young matter, plaintiffs sued CNN over defamatory 

Case 0:22-cv-61842-AHS Document 34 Entered on FLSD Docket 08/11/2023 Page 1 of 3
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statements that plaintiffs operated a “black market” to capitalize off the events surrounding the 

U.S. withdrawal from Afghanistan. 

Plaintiffs were able to sufficiently establish the known falsity of the defamatory statements 

to justify a pursuit of punitive damages, to a substantial extent, upon “internal [CNN] 

emails/messages” and “doubts internally expressed by Defendant’s employees,” which 

presumably were obtained by plaintiffs during the discovery process. See Ex. A, p. 3. Absent such 

discovery, it stands to reason that the plaintiffs in Young would not have been afforded the 

opportunity to uncover the extent of CNN’s actions and/or meet the requirements necessary to 

demonstrate “a reasonable basis to show that [CNN] either knew statements were false (through 

their actual falsity, omission by failing to provide complete information, or juxtaposing Young’s 

name and image when referencing individuals other than Young to appear to be referencing 

Young), published information while possessing contradictory information, or published them 

with reckless disregard despite awareness of their probable falsity.” Id. at p. 4. 

Dated: August 11, 2023 Respectfully submitted,

BRITO, PLLC

Counsel for Plaintiff 

2121 Ponce de Leon Boulevard 

Suite 650 

Miami, FL 33134 

Office: 305-614-4071 

 Fax: 305-440-4385 

 By: /s/ Alejandro Brito 

 ALEJANDRO BRITO

Florida Bar No. 098442 

abrito@britopllc.com

apiriou@britopllc.com 

Case 0:22-cv-61842-AHS Document 34 Entered on FLSD Docket 08/11/2023 Page 2 of 3
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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on August 11, 2023 the foregoing was served via the Court’s 

CM/ECF System upon:

LINDSEY HALLIGAN, P.A.

Lindsey Halligan, Esq. 

511 SE 5th Avenue 

Fort Lauderdale, FL 33301 

lindseyhalligan@outlook.com

Counsel for Plaintiff

GUNSTER, YOAKLEY & STEWART, P.A. 

George S. LeMieux, Esq. 

Eric C. Edison, Esq. 

450 East Las Olas Boulevard 

Suite 1400 

Fort Lauderdale, Florida 33301 

glemieux@gunster.com 

eedison@gunster.com 

mzayas@gunster.com

dpeterson@gunster.com

eservice@gunster.com

Counsel for Defendant

 By: /s/ Alejandro Brito 

Case 0:22-cv-61842-AHS Document 34 Entered on FLSD Docket 08/11/2023 Page 3 of 3