The last multi-Doe TCYK LLC case I can find was filed in Colorado (7 Does), on 3 Mar 14. Since then we have seen various local Trolls focus on a small number of single Does and occasionally name and serve them. One Iowa Troll firm who went the name & serve route is Jay Hamilton and his partner Alexander Johnson. I have written a couple of articles on his cases – most recently on the Necessary Evil of Speaking to a Troll.
This post deals with two IA cases – 2:13-cv-01019 & 2:13-cv-01020
In this case, we have one remaining defendant (Matthew Beltramea) who filed a Pro Se answer (full denial). Beltramea_Answer_Doc36_01019(IA) Due to inaction on this case the court made notice (1 May 14) that unless some action is taken by 15 May 14, the case would be dismissed. Doc37_01019(IA) Troll Hamilton immediately filed a motion to compel and stated that Mr. Beltramea would not respond to a letter he sent to him on 16 Apr 14. Doc38_01019(IA) Doc38-1_01019(IA)
Based on Troll Hamilton’s motion and declaration the court decided not to close the case and on 20 May 14, a hearing was set before Magistrate Judge Jon Scoles – 29 May 14, 9:00AM. Doc39_01019(IA) Note: the judge required the appearance of both parties. On the same day, Troll Alexander Johnson, Hamilton IP Law PC, filed a notice of appearance for this case. Doc40_01019(IA) Based on this notice, I assume Troll Johnson will be at the meeting.
Now based on Mr. Beltramea’s answer, I cannot see why he would not work with the Troll to issue a joint scheduling order and discovery plan. It would not surprise me if the Troll sent the “letter” to the wrong address or even failed to respond to Mr. Beltramea when he tried to contact the Troll. In two days we will have the hearing and hopefully Mr. Beltramea can explain this issue.
The scheduling order and discovery plan is just a waste of time in my opinion. The Troll has no desire to go this route and doesn’t want to waste more money. The main discovery items are going to be a deposition of Mr. Beltramea and other network users, and a forensic examination of the household computers. Now based on Mr. Beltramea’s answer, Troll/Plaintiff may actually conduct a deposition or two. If they decide to motion the court for a dismissal and do nothing in the discovery plan, then more weight is given to Mr. Beltramea’s claim that the Troll is gaming the systems and should be sanctioned.
This is another Troll Hamilton/Alexander case for the same worthless movie (my opinion). We have two named defendants remaining (Terri Eicher & Joshua Davidson). Both defendants were served and on 26 Feb 14, Mr. Davidson filed an answer denying the allegations. Mrs. Eicher has not filed any answer and will likely have a default judgement issue against her.
On 24 Apr 14, Troll Hamilton made a motion to compel against Mr. Davidson for failing to meet and confer on a joint scheduling order and discovery plan as mandated by the court (ECF # 37). On 14 May 14, the court set a mandatory hearing on the motion to compel – in Magistrate Judge Scoles’ courtroom – 29 May 14, 9:00AM. Note: This is the same hearing for both IA cases.
Hopefully the court is growing tired of these Troll escapades and will pose some hard questions to them. I will not hold my breath and hope that Mr. Baltramea and Mr. Davidson attend the hearing.
I’m of the opinion that for this Troll/Plaintiff, they will simply cut and run when given the chance. As I previously posted, Troll Hamilton was able to get the court to dismiss Defendant Doonan (with prejudice) even with an answer denying the allegations. Doc29_Answer_01020(IA) Doc36_01020(IA) I have it on good accord that Defendant Doonan did not pay a settlement or even agree to a walk-away deal. This was a move by Troll/Plaintiff to avoid having to move the case forward. This Plaintiff (TCYK LLC) is likely done, but the people behind these actions will continue to file these cases for as long as the money is good. Hopefully after these cases are closed, the Iowa courts will take a dim view of the Trolls.