Plaintiffs allege John Doe lawsuit unjustly names them
A lawsuit filed against a lawyer who represented a client in an ongoing legal feud is being sued for abuse of process claims a John Doe lawsuit was filed to harass the plaintiffs.
Kenneth Logan and Quentin Kearney have been embroiled in a legal battle with real estate expert Jason Hartman for eight years. The dispute began over invoices for property maintenance that Hartman alleged were so vague he was unable to determine what work had been done and who had performed the work.
“On April 25, 2017, defendant filed yet another lawsuit on behalf of Hartman against 100 John and Jane Does for internet defamation that allegedly emanated from Blue Springs, Missouri,” Logan and Kearney alleged in a lawsuit filed against Hartman’s lawyer, Lee Hardee.
“On October 18, 2017, defendant filed a First Amended Petition in which he added plaintiffs as party defendants even though the statute of limitations prohibits this sort of relation back to save the defamation claims against the plaintiffs,” it continues.
Logan and Kearney further allege that Hardee waited over six months after adding their names to the Doe lawsuit to attempt service and had done so by having the process server place a copy of the summons and petition on the windshield of their respective vehicles. They claim the service is ineffective under Missouri law, however, they had to hire an attorney to quash the service.
A Doe lawsuit is filed when the plaintiff wants to determine who is behind a defamatory or threatening anonymous post on the internet or someone who uses a fictitious name for the purpose of scamming or defrauding.
Depending on the state, there are several means in which to secure the identity of the person or persons. It is often done by discovery or by subpoena. Once the identity is confirmed, the real name or names can be added to the lawsuit.
In some states, Doe lawsuits have a longer statute of limitations, hence, lawsuits won’t be time barred if the identity can’t be ascertained within the usual timeline allowed by law.
The claim filed by Kearney and Logan is part of an ongoing dispute with Jason Hartman.