Universal Communication Systems, Inc. v. Turner Broadcasting Systems, Inc.

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 05-12698 February 14, 2006
Non-Argument Calendar THOMAS K. KAHN
________________________ CLERK

D. C. Docket No. 05-20047-CV-AJ

UNIVERSAL COMMUNICATION SYSTEMS, INC.,
a Nevada Corporation,
MICHAEL J. ZWEBNER, individually and others
similarly situated,

Plaintiffs-Appellants,

versus

TURNER BROADCASTING SYSTEMS, INC.,
Georgia Corporation,
CABLE NEWS NETWORK, INC., Georgia
Corporation, et al.,

Defendants-Appellees.

________________________

Appeal from the United States District Court
for the Southern District of Florida
_________________________

(February 14, 2006)

Before ANDERSON, MARCUS and WILSON, Circuit Judges.
PER CURIAM:

Plaintiffs-Appellants Universal Communications Systems ("Universal") sued

Defendants-Appellees Turner Broadcasting Systems ("Turner") alleging defamation.

Universal has failed to demonstrate, at any level of this case, how Turner was

responsible (directly or indirectly) for the publication of the allegedly defamatory

statements. Accordingly, we AFFIRM the district court's order dismissing the action

and refusing to alter or amend the order of dismissal, and we REMAND the case to

the district court to determine the reasonable attorneys’ fees incurred by appellees in

defending this appeal.1

1
Turner's motion for damages and costs on appeal under Rule 38 of the Federal Rules of
Appellate Procedure is GRANTED in the amount of double costs and reasonable attorneys’ fees
in defending this appeal. The Clerk of this Court shall assess the costs, and the amount of
attorneys’ fees shall be determined by the district court on remand. Universal’s Motion for
Imposition of Professional Sanctions against Turner is DENIED. Turner’s Motion to Strike
Motion for Imposition of Professional Sanctions is DENIED as moot.

2