Court Dismisses Photographer Ryan Gordon’s Bogus Lawsuit Against Helix Studios
Remember that bogus lawsuit filed by photographer Ryan Gordon against Helix Studios and their attorney Chad Anderson? Filed last July (which literally feels like 100 years ago), Gordon’s bogus civil suit against Helix and Anderson alleged that the studio took a production company from him (“Rugged Male”), stole trade secrets from him, defamed him, aided and abetted tortious conduct against him, engaged in “intentional infliction of emotional distress,” defrauded him, and more. Gordon wanted at least $120,000 and a jury trial (even though his suit didn’t contain any specific, actual damages or provable events), but yesterday in Arizona, United States District Judge Steven Logan granted the Helix motion and dismissed the entire case:
Read the entire document below, but before you do, here’s the explanation that attorney Chad Anderson provided to Str8UpGayPorn with regard to the judge’s dismissal, which does allow for Ryan Gordon to file an amended complaint against Helix within the next 30 days:
The case was dismissed against me with prejudice, meaning Gordon cannot make those claims against me again. The case was dismissed against Helix and [Helix owner] Keith Miller withOUT prejudice, which does mean it has been dismissed, but also Gordon still has the ability to re-file an amended complaint in the next thirty days. It is dead unless Gordon re-files; if he does nothing, the case is closed. He could face paying attorney fees and sanctions if he tries that last-minute resuscitation and fails.
He would have to file an amended complaint that meets federal pleading requirements, and that requires a Plaintiff to show his work and make allegations that go beyond speculative, conceivable, or possible (Iqbal, 556 US 555-570) and be based on cognizable legal theory. The Complaint his attorney wrote did not comply with federal pleading standards, and it would have been dismissed on that basis if it wasn’t dismissed for not making a plausible claim of more than $75,000 in damages.
Federal pleading standards are almost like applying a grand jury standard to civil complaints — you have to show there really is a plausible legal case in order to get past the court room door. Gordon’s complaint never did that; he cannot just say he is owed $120,000 for one year salary, he needs to back that up with evidence and explain how the evidence supports the claim. He would need to show an enforceable contract that entitles him to $120,000 even if he was terminated. He was an independent contractor, and although he was in Arizona and Helix in Nevada, neither state gives independent contractors any rights other than to be paid for the time they worked.
His other claims are mostly make-believe, and no cognizable legal theory can support them.
Despite the dismissal in favor of Helix and Anderson, Gordon was not ordered to pay for any of Helix’s legal fees. Here’s the judge’s ruling in full:
Doc 36 Order Dismissing Case by Zachary Sire on Scribd
