IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

JEROME CORSI AND LARRY 

KLAYMAN 

PLAINTIFFS, 

V. 

AUSTIN DIVISION 

INFO WARS, LLC, FREE SPEECH 

SYSTEMS, LLC, ALEX E. JONES, 

DAVID JONES, OWEN SHROYER, 

AND ROGER STONE, 

DEFENDANTS. 

212! 

, 

CAUSE NO. 1:20-CV-298-LY 

ORDER ADOPTING REPORT AND RECOMMENDATION OF 

THE UNITED STATES MAGISTRATE JUDGE 

Before the court in the above-styled and numbered cause of action are Defendant Owen 

Shroyer's Motion to Dismiss for Failure to State a Claim and for Attorneys' Fees and Costs Under 

Fla. Stat. § 768.295 filed August 26, 2020 (Doc. #5 5), Shroyer's Motion for Sanctions Against Dr. 

Jerome Corsi Pursuant to Fed. R. Civ. P. 11 filed August 26, 2020 (Doc. #56), Defendant David 

Jones's Motion to Dismiss Amended Complaint for Failure to State a Claim filed September 2, 

2020 (Doc. #57), Defendants Infowars, LLC, Alex E. Jones, and Free Speech Systems, LLC's 

(collectively referred to as "Infowars") Motion to Dismiss Plaintiff Jerome Corsi's Portion of the 

Amended Complaint for Failure to State a Claim filed September 2, 2020 (Doc. #58), Infowars's 

Motion to Dismiss Plaintiff Larry Klayman's Portion of the Amended Complaint for Failure to 

State a Claim filed September 2, 2020 (Doc. #59), Defendant Roger Stone's Motion to Dismiss 

filed September 16, 2020 (Doc. #70), Stone's Motion for Sanctions filed October 13, 2020 (Doc. 

#84), and associated response and reply briefs. 

On October 29, 2020, the district court referred all pending and future motions in this case 

to a United States Magistrate Judge for resolution and report and recommendation. See 28 U.S.C. 
§ 636(b); Fed. R. Civ. P. 72; Loc. R. W.D. Tex. App'x C, R. 1. The magistrate judge signed a 

report and recommendation on May 24, 2021 (Doc. #108), recommending that this court grant 

Infowars, David Jones, Shroyer, and Stone's motions to dismiss, dismiss Corsi and Klayman's 

claims with prejudice for failure to state a claim, and deny Shroyer and Stone's motions for 

sanctions without prejudice to being refiled. 

A party may serve and file specific written objections to the proposed findings and 

recommendations of a magistrate judge within 14 days after being served with a copy of the report 

and recommendation and thereby secure de novo review by the district court. See 28 

U.S.C. § 636(b); Fed. R. Civ. P. 72(b). A party's failure to timely file written objections to the 

proposed findings, conclusions, and recommendation in a report and recommendation bars that 

party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed 

factual findings and legal conclusions accepted by the district court. See Douglass v. United 

Services Auto Ass 'ii, 79 F.3d 1415 (5th Cir. 1996) (en banc). 

Corsi and Klayman filed objections to the report and recommendation on June 8, 2021 

(Doc. #115). Stone responded to Corsi and Klayman's objections to the report and 

recommendation on June 15, 2021 (Doc. #117), David Jones responded to the objections to the 

report and recommendation on June 21, 2021 (Doc. #118), and Infowars and Shroyer responded 

to the objections to the report and recommendation on June 22, 2021 (Doc. #119). Corsi and 

Klayman replied to Stone's response to the objections on June 22, 2021 (Doc. #120) and replied 

to David Jones's response to the objections on June 24, 2021 (Doc. #121). In light of the 

objections, the court undertakes a de novo review of the record and applicable law. 

Corsi and Klayman's Motion for Status Conference and to Vacate Report and 

Recommendation of the United States Magistrate Andrew W. Austin was filed May 27, 2021 (Doc. 

2 
#109). David Jones responded to Corsi and Klayman's motion for status conference and to vacate 

report and recommendation on June 10, 2021 (Doc. #116). In light of the court overruling Corsi 

and Klayman's objections and adopting the magistrate judge's report and recommendation, the 

court will deny Corsi and Klayman's motion for a status conference and to vacate the report and 

recommendation. 

Corsi and Klayman first argue that the magistrate judge erred when ignoring affidavits 

submitted by Corsi, Klayman, and Kelly Morales. The magistrate judge correctly pointed out that 

the inquiry on a Federal Rule of Civil Procedure 1 2(b)(6) motion to dismiss is "limited to the 

complaint, any documents attached to the complaint, and any documents attached to the motion to 

dismiss that are central to the claim and referenced by the complaint." Ironshore Eur. DAC v. SchffHardin, L.L.P., 912 F.3d 759, 763 (5th Cir. 2019). The affidavits referenced in Corsi and 

Klayman's objections were attached to Corsi and Klayman's opposition briefs and not included 

with the amended complaint. The magistrate judge is correct to focus on the actual pleadings and 

the application of the Rule 12(b)(6) legal standard. 

Corsi and Klayman next argue that the magistrate judge erroneously recommended 

dismissing the defamation claims against Shroyer and David Jones based on a lack of personal 

involvement because allegations in the complaint that defendants were working "in concert" to 

defame Corsi and Klayman were ignored. The court disagrees. In reviewing the pleadings, the 

magistrate judge determined that Corsi and Klayman' s claims of alleged concerted action or 

conspiracy were insufficient to survive dismissal because the assertions were wholly conclusory 

and unsupported by any facts. In their objections, Corsi and Klayman provide no basis to sustain 

this objection and merely reassert the same insufficient, conclusory claims while referencing 

affidavits outside of the scope of a Rule 12(b)(6) inquiry. 

3 
Corsi and Klayman also assert that the magistrate judge erred in finding they did not allege 

actual malice, an alternative reason provided in the report and recommendation that dismissal of 

the defamation claims is appropriate. Specifically, Corsi and Klayman argue that Infowars, David 

Jones, Shroyer, and Stone acted with actual malice since they knew that the alleged defamatory 

statements were false because of their long histories and familiarity with Corsi and Klayman. The 

court disagrees. Again, Corsi and Klayman base this objection on affidavits outside of the scope 

of a Rule 12(b)(6) inquiry and offer no evidence from the pleadings that plausibly supports the 

claim that Infowars, David Jones, Shroyer, and Stone knew the complained-of statements were 

falsely made or with reckless disregard for the truth. 

Next, Corsi and Klayman object to the magistrate judge's determination that they did not 

adequately plead Intentional Infliction of Emotional Distress ("lIED"). Corsi and Klayman rely 

on a comment directed at Corsi by Stone, saying, "I look forward to our confrontation. I will 

demolish you." However, Corsi and Klayman provide no argument to counter the magistrate 

judge's determination that the TIED is not "merely incidental to the commission of some other 

tort," and is thus appropriate for dismissal. Even if the referenced comment by Stone were enough 

of a factual allegation to necessarily support an lIED claim, the magistrate judge's determination 

that the "gravamen" of Corsi and Klayman's lIED claim is defamation would still warrant 

dismissal in this case. 

The court is of the opinion that the remaining objections do not raise issues that were not 

adequately addressed in the report and recommendation. Therefore, finding no error, the court 

accepts and adopts the report and recommendation filed in this case for substantially the reasons 

stated therein. Accordingly, 

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IT IS ORDERED that Corsi and Klayman's motion for status conference and to vacate 

the report and recommendation (Doc. #109) is DENIED. 

IT IS FURTHER ORDERED that Corsi and Klayman's objections (Doc. #115) to the 

report and recommendation of the United States Magistrate Judge are OVERRULED. 

IT IS FURTHER ORDERED that the report and recommendation of the United States 

Magistrate Judge (Doc. #108) is ACCEPTED AND ADOPTED by the court. 

IT IS FURTHER ORDERED that Shroyer and Stone's motions for sanctions (Docs. #56, 

84) are DENIED without prejudice to refihing. 

IT IS FURTHER ORDERED that Infowars, David Jones, Shroyer, and Stone's motions 

to dismiss (Docs. #55, 57, 58, 59, 70) are GRANTED. 

IT IS FINALLY ORDERED that all of Corsi and Klayman's claims against Infowars, 

David Jones, Shroyer, and Stone are DISMISSED WITH PREJUDICE. 

A final judgment shall be rendered subsequently. 

SIGNED this day of June, 2021. 

LE E L 

TED STAT S DIS CT JUDGE