MEMORANDUM OPINION
MOTLEY, District Judge.
I. BACKGROUND
Plaintiff, Christopher Scanlon ("Scanlon"), commenced this action on February 19, 1997, against defendants, Gil Kessler ("Kessler"), Bruce Marcus ("Marcus"), John Weis ("Weis"), and Gay Male S/M Activists ("GMSMA"), alleging: (1) copyright infringement; (2) breach of fiduciary duty; (3) breach of contract; and (4) defamation.
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