Goode v. Gaia, Inc.
| Decision Date | 28 February 2022 |
| Docket Number | Civil Action 20-cv-00742-DDD-KLM |
| Parties | JAMES COREY GOODE, and GOODE ENTERPRISE SOLUTIONS, INC, Plaintiffs and Counter Defendants, v. GAIA, INC., JAY WEIDNER, BENJAMIN ZAVODNICK, JIRKA RYSAVY, BRAD WARKINS, and KIERSTEN MEDVEDICH, Defendants. ALYSSA MONTALBANO, Defendant, Counter Claimant, and Third-Party Plaintiff, v. LIGHT WARRIOR LEGAL FUND, LLC, DAVID WILCOCK, THE WILCOCK SPIRITUAL HEALING AND EMPOWERMENT FOUNDATION, VALERIA YANAROS WILDE, ELIZABETH LORIE, BRIAN JAMES FLYNN, WILLIAM CAMPBELL, MATTHEW GROVE, DIANA TERRY, and CHRISTINA GOMEZ, Third-Party Defendants. |
| Court | U.S. District Court — District of Colorado |
Kristen L. Mix, United States Magistrate Judge This matter is before the Court on Third-Party Defendant Elizabeth Lorie's (“Lorie”) Motion to Dismiss [#221][1]; on Third-Party Defendants Brian James Flynn (“Flynn”), William Campbell (“Campbell”), Matthew Grove (“Grove”), Diana Terry (“Terry”), and Christina Gomez's (“Gomez”) Motion to Dismiss Alyssa Chrystie Montalbano's Counterclaims Complaint [Doc. 204-1] [#222] (the ); on Plaintiffs/Counter Defendants' Second Renewed Motion to Dismiss Under Fed.R.Civ.P. 12(b)(6) [#227]; and on Third-Party Defendants Light Warrior Legal Fund, LLC (“LWLF”) and Valerie Yanaros Wilde's (“Yanaros”[2]) Motion to Dismiss Under F.R.C.P. 12(b)(6) and 12(b)(1) [#233]. Counter Claimant and Third-Party Plaintiff Alyssa Montalbano (“Montalbano”), who proceeds as a pro se litigant, [3] filed Responses [#225, #231 #247, #254] in opposition to the Motions [#221, #222, #227 #233], and the above-named parties filed their Replies [#241, #243, #253, #256] in support of their Motions [#221, #222, #227, #233]. Plaintiff filed a Surreply [#271], with the Court's permission. Minute Order [#270]. The Motions [#221, #222, #227, #233] have been referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1) and D.C.COLO.LCivR 72.1. See [#224, #229, #235].
The Court has reviewed the Motions, the Responses, the Replies, the Surreply, the entire case file, and the applicable law, and is sufficiently advised in the premises. For the reasons set forth below, the Court respectfully RECOMMENDS that the State Defendants' Motion [#222] be GRANTED and that the other Motions [#221, #227, #233] be GRANTED in part and DENIED in part.
I. Background[4]
Ms. Montalbano alleges that she “is a multi-award winning Author, Artist, and Poet that uses the pseudonym of Ari Stone, ” and that she is a dream researcher who has written about and documented dreams since 2004. See Counterclaims [#217] at 37. Her “dream research and dream journal records (referred to as ‘Dream Visions') are not religious or faith based”; rather, she asserts that “they are an empirical data collection of first hand observations coupled with theories based on the empirical evidence.” Id. Ms. Montalbano further states that her “dream journal records are created and fixed literary works and all hold common law copyrights and some federal copyrights, ” that she .” Id. She asserts that her “unique designs, art, and fine craft products have been seen in many local art galleries on Main Street in Grand Junction, Colorado, along with her self-published dream books, tarot journals, and coloring books, ” and that her “art, fine art crafted products, and books are seen and sold online via the internet and delivered by both post mail and broadcast (internet).” Id. at 38. She further states that she “has a clean record” and that she “has never been in the military or knowingly a part of any CIA MKULTRA, MiLab, black operation, or otherwise related programs or experiments.”[5] Id.
Mr. Goode “is a public speaker and public figure” who “broadcasted shows on television and the internet.” Id. He was a “co-host of the Cosmic Disclosure show (June 2015-June 2018), [which was] broadcast to the public both nationally and internationally.” Id. at 39. The scripts for the show were written by him along with his co-host David Wilcock” (“Wilcock”). Id. Ms. Montalbano alleges that Mr. Goode “solicits for donations based on his public claims, notably to include his alien experiences with 8 foot plus tall Blue Birds he calls ‘Blue Avians' and that he is fighting the ‘Dark Alliance.'”[6] Id.
Goode Enterprise Solutions Inc. (“GES”) is a Colorado corporation owned by Mr. Goode and his wife Stacy Goode. See [#217] at 30. Mr. Goode sells various products through GES, including videos and other merchandise. Id. at 38. Mr. Goode allegedly “regularly seeks free labor (volunteers) from the public to help with the production of his GES products . . . under the premise that the volunteer(s) will receive the ‘good will of the people' as the medium of exchange.” Id. at 39. Ms. Montalbano asserts that “[d]onations and monies received by The Enterprise [as defined below] from sales based on [Mr.] Goode and [Mr.] Wilcock's public claims and alien narratives are notably received via: GES . . . .” Id. at 60. Ms. Montalbano “donated money to Mr. Goode/GES for Mrs. Stacy Goode (his wife) to have dental surgery under the belief the Goode's [sic] were poor and could not afford regular dental care without financial help.” Id. at 64.
LWLF is a Colorado corporation owned by Mr. Goode. See [#217] at 30, 42. Ms. Montalbano asserts that LWLF was started by Mr. Goode “to receive public financial donations to fund his lawsuit(s) against [Ms.] Montalbano” and to fight attacks by a “Dark Alliance” or “cabal.” Id. at 42, 53. LWLF also receives money “from sales based on [Mr.] Goode and [Mr.] Wilcock's public claims and alien narratives.” Id. at 60.
Ms. Yanaros of Yanaros Law, P.C., is a Texas-based attorney who, according to Ms. Montalbano, is not licensed to practice law in Colorado. Id. at 30, 50, 90. Mr. Goode hired Ms. Yanaros around June 2018, after which she “began to extort [Ms.] Montalbano by email, post mail, and phone, with threats of criminal lawsuits for alleged criminal stalking, a crime not committed by [Ms.] Montalbano.” Id. at 90. Ms. Yanaros helped Mr. Goode with a No. of legal filings against and by Ms. Montalbano: (1) around June 15, 2018, Mr. Goode and Ms. Yanaros filed a lawsuit in the Broomfield Combined Courts asserting a stalking claim, which “was rejected by the Court, as they failed to meet the requirements, ” Id. at 91; (2) on June 25, 2018, Ms. Montalbano filed a lawsuit, 18CV50, in Mesa District Court against Mr. Goode, in which Ms. Montalbano alleges Ms. Yanaros did not follow procedure to properly enter her appearance in the matter, Id. at 91-92; (3) around July 17, 2018, Mr. Goode and Ms. Yanaros filed a second lawsuit against Ms. Montalbano in Broomfield Combined Courts, “alleging ‘stalking' against [Ms.] Montalbano for the approximate 400 emails sent to [Mr.] Goode during 2017 containing [Ms.] Montalbano's copyrighted materials (IP)” and other documents; the case was dismissed in Ms. Montalbano's favor on August 6, 2020, Id. at 93; (4) on August 13, 2018, Mr. Goode and Ms. Yanaros removed Ms. Montalbano's case in 18CV50 to the United States District Court for the District of Colorado, Civil Action No. 18-cv-02060-RM-GPG, using a “fake complaint” and without telling Ms. Montalbano about the removal; Mr. Goode and Ms. Yanaros used statements made by the Magistrate Judge “to further publicly defame [Ms.] Montalbano as someone with a mental disease in her trade and profession, ” Id. at 93-94; (5) on March 11, 2020, Mr. Goode and Ms. Yanaros filed a third lawsuit in the Broomfield Combined Courts asserting another stalking claim, which was administratively closed on June 22, 2020, Id. at 94; and (6) on March 17, 2020, Mr. Goode and Ms. Yanaros filed the present lawsuit, Civil Action No. 20-cv-00742-DDD-KLM, Id. at 95. Ms. Montalbano has “filed complaints against Ms. Yanaros . . . twice with the Texas State Bar, in efforts to get [Ms.] Yanaros and [Mr.] Goode to follow due process of law in case 18CV50 . . . .” Id. at 99.
Ms. Lorie resides in Florida and is licensed there to work as an attorney at LL LEGAL, PLLC. See [#217] at 31, 50. Ms. Montalbano asserts that Ms. Lorie is not licensed to practice law in the State of Colorado, and that she “never lawfully entered” her appearance in the Colorado state court case, 18CV50. Id. at 50, 92. In December 2019, Mr. Goode “obtained legal assistance” from Ms. Lorie, which seems to have primarily been in the form of a cease-and-desist letter sent to Ms. Christine Ferrante (“Ferrante”), whom Ms. Montalbano apparently intended to call as a witness in 18CV50. Id. at 113-14, 211. Ms. Montalbano asserts that Ms. Lorie Id. at 50, 97.
Judge Flynn presided over Ms. Montalbano's Colorado state court case against Mr. Goode, 18CV50, and she disagrees with many of his rulings. Judge Grove, Judge Terry, and Judge Gomez are Colorado appellate judges who allegedly wrongly affirmed Judge Flynn's rulings in 18CV50. Mr. Campbell of the Colorado Commission on Judicial Discipline did not discipline or remove Judge Flynn despite the latter's allegedly faulty rulings.
Ms Montalbano groups these Counter Defendants/Third-Party Defendants into two...
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