Utah Third District Court · No. 230908977

Whitehead v. Reyes; Ballard and Operation Underground Railroad

Granted UPEPA

Forum: Utah Third District Court
Case number: No. 230908977
Motion decided: Sep 1, 2024
Outcome: Granted
Underlying case: The defendant asked the court to make the plaintiff pay their legal bills. Both sides finished arguing that request in November and December 2024. No order deciding it is among the records obtained so far.
Conduct at issue: Public statements and communications responding to the plaintiff's public criticism of O.U.R. and its founder
Underlying claims: Intentional infliction of emotional distress, negligent infliction of emotional distress (Second and Third Causes of Action)

What the court held

In a July 10, 2024 order, Judge Charles Stormont held UPEPA applies because the gravamen of the claims was O.U.R.'s protected speech about combating human trafficking, a matter of public concern. In the September 1, 2024 order he dismissed the IIED claim for want of outrageous conduct and the NIED claim for want of alleged physical manifestations, resting on Section 78B-25-107(1)(c)(ii)(A) and declining to reach the prima facie and summary-judgment grounds. O.U.R.'s dismissal ran with prejudice under UPEPA and carried a mandatory fee award under Section 78B-25-110(1); co-defendant Ballard, who moved under Rule 12(b)(6) instead, was dismissed without prejudice with 21 days to amend.