Utah Court Ruling on Motions to Dismiss
The document titled “Memorandum Decision and Order” in Moya v. Ballard, et al. is a ruling issued by the Third Judicial District Court in Salt Lake County, Utah, addressing motions to dismiss filed by multiple defendants, including Timothy Ballard, Katherine Ballard, and entities associated with the film Sound of Freedom.
Case Background
According to the order:
- Plaintiffs: Kely Johana Suarez Moya and Luz Miriam Moya Solano
- Defendants: Timothy Ballard, Katherine Ballard, Angel Studios, and others
- The case involves allegations of defamation and related claims arising from the portrayal of events and individuals in the film Sound of Freedom
The court heard arguments on July 9, 2024 regarding motions filed under Utah’s Uniform Public Expression Protection Act (UPEPA), which governs dismissal of claims involving protected speech.
Plaintiffs’ Allegations
The plaintiffs allege that:
- A character in Sound of Freedom (“Katy Giselle”) is a defamatory portrayal of Kely Suarez
- The film and related promotional statements falsely depict Suarez as involved in child trafficking
- The defendants promoted the film as based on true events, contributing to reputational harm
The complaint also challenges the accuracy of an alleged 2014 Colombia operation associated with Ballard and OUR, asserting that aspects of the operation were fabricated or misrepresented.
SOF Defendants’ Motion
The court found that:
- The film is presented as a dramatized work, not a documentary
- However, plaintiffs established a prima facie case that certain statements and portrayals could be defamatory
- The court determined there is sufficient evidence to suggest the statements may have been made with knowledge of falsity or reckless disregard for the truth
Ruling:
- Motion to dismiss by Angel Studios and related Sound of Freedom defendants was DENIED (page 4)
Timothy Ballard’s Motion
The court found that:
- Plaintiffs presented sufficient evidence that Ballard made or was involved in statements connected to the film’s promotion
- There are genuine issues of material fact regarding whether statements were false or made with reckless disregard for the truth
- Ballard was found to have been integral to the underlying events, including the Colombia operation
Ruling:
- Timothy Ballard’s motion to dismiss was DENIED (page 5)
Katherine Ballard’s Motion
The court found that:
- Plaintiffs failed to establish a prima facie case against Katherine Ballard
- There was insufficient evidence that she made actionable defamatory statements with knowledge of falsity or reckless disregard
Ruling:
- Katherine Ballard’s motion to dismiss was GRANTED
- Plaintiffs’ claims against her were dismissed, with entitlement to attorney’s fees and costs (page 6)
Legal Standard Applied
The ruling applies Utah’s Uniform Public Expression Protection Act (UPEPA), which requires:
- Defendants to show claims arise from protected speech
- Plaintiffs to establish a prima facie case of each element of their claims
- Courts to dismiss claims lacking sufficient evidentiary support
The court determined that, for most defendants, plaintiffs met this burden sufficiently to proceed.
Conclusion
The court’s order allows defamation claims against Timothy Ballard and Sound of Freedom-related defendants to proceed, finding sufficient evidence to support the allegations at this stage. Claims against Katherine Ballard were dismissed due to insufficient evidence.
The ruling does not determine liability but permits the case to continue toward further litigation and potential trial.
