Goode v. Gaia, Inc.
1:20-cv-00742
| D. Colo. | May 2, 2024Background
- Plaintiffs James Corey Goode and Goode Enterprise Solutions, Inc., sued Alyssa Montalbano, who then brought counterclaims and third-party claims against numerous defendants.
- The court dismissed all of Montalbano's counterclaims except for a defamation claim, and most third-party claims except those against David Wilcock and The Wilcock Spiritual Healing and Empowerment Foundation (the “Wilcock Defendants”).
- Montalbano’s motions to further amend her pleadings were denied multiple times, including requests to add or reassert a fraud claim.
- Montalbano objected to the court’s dismissal orders and denials of her motions to amend and reconsider, asserting improper application of legal standards.
- The court addressed the objection, reaffirmed dismissal, and certified final judgment on third-party claims for immediate appeal under Rule 54(b).
Issues
| Issue | Montalbano's Argument | Goode/Wilcock's Argument | Held |
|---|---|---|---|
| Dismissal of Fraud Claim | Judge did not properly apply law or consider specific allegations; pleading, though lengthy, was sufficient | Pleading failed to meet required specificity under Rule 9(b) | Dismissal affirmed; pleading was not specific |
| Leave to Amend Pleading | Sought more opportunities to amend to clarify fraud claim | Plaintiff had multiple chances; failed to meet standards or provide correct amendments | Denied; three chances were sufficient |
| Consideration of Deposition Evidence | Goode’s deposition supported her allegations post-dismissal | Not relevant at motion-to-dismiss stage; only allegations matter | Denied; not grounds for reconsideration |
| Certification of Final Judgment | Sought appeal of dismissals across all third-party claims | Claims are distinct; immediate appeal serves judicial economy | Partial final judgment certified |
Key Cases Cited
- Servants of the Paraclete v. Does, 204 F.3d 1005 (10th Cir. 2000) (sets standards for motions for reconsideration)
- Hall v. Bellmon, 935 F.2d 1106 (10th Cir. 1991) (pro se pleadings are liberally construed but must comply with rules)
- Okla. Turnpike Auth. v. Bruner, 259 F.3d 1236 (10th Cir. 2001) (requirements for Rule 54(b) certification)
- Curtiss-Wright Corp. v. Gen. Elec. Co., 446 U.S. 1 (1980) (guides factors for entry of partial final judgment)