u/Fit_Blueberry1471

There’s an update in Frank’s lawsuit against Taban.

The judge has granted summary judgment in favor of the defendant, meaning the case will not proceed to trial in its current state.

However, Frank has been given one final 60-day opportunity to correct the problem with his expert evidence.

The dismissal is currently WITHOUT PREJUDICE, and the judge has given Frank 60 days to prepare and serve expert disclosures that comply with the Federal Rules of Civil Procedure.

The order states:
“If Plaintiff is unable to satisfactorily comply within 60 days, the judgment and dismissal will become WITH PREJUDICE.”

https://www.docketbird.com/court-documents/Frank-Tufano-v-Mehryar-Ray-Taban-MD-et-al/ORDER-ISSUING-SUA-SPONTE-SUMMARY-JUDGMENT-IN-FAVOR-OF-DEFENDANT/cacd-2:2025-cv-00147-00152

Taban's legal team has filed its Trial Brief, which gives a preview of the arguments they intend to present if the case goes to trial.

The main issue raised by the defense is that Frank did not disclose a medical expert witness by the court's deadline.

In medical malpractice cases, the plaintiff has the burden of proof. This means Frank must convince the court, using admissible evidence and qualified expert testimony, that Dr. Taban was negligent and that this negligence caused the injuries he claims.

The defense argues that without this evidence, Frank cannot prove the required elements of his malpractice claim.

The defense also states:

• Their own expert witness, ophthalmologist Dr. Robert Goldberg, is expected to testify that Dr. Taban's treatment met the standard of care, that informed consent was properly obtained, and that the complications Frank experienced can occur even when surgery is performed correctly.
• Frank has not provided evidence supporting his claimed damages, such as medical expenses, lost income, or other financial losses.
• Frank has not shown sufficient reason to delay the trial, and the defense is asking the court to keep the current schedule.
• If the trial proceeds, Frank should be required to attend in person rather than remotely.

The jury trial is still scheduled for July 14, 2026, unless the court orders otherwise.

The full filing is an interesting read:
https://www.docketbird.com/court-documents/Frank-Tufano-v-Mehryar-Ray-Taban-MD-et-al/TRIAL-BRIEF-filed-by-Defendant-Mehryar-Ray-Taban-MD/cacd-2:2025-cv-00147-00136

He's been filing lawsuits in bulk, and in a lot of them the defendants never even respond.

The strategy now seems to be:

• file a lawsuit,
• hope the defendant ignores it,
• then file for default judgment looking for an easy win.

example: https://www.docketbird.com/court-documents/Tufano-v-The-State-of-California-et-al/NOTICE-of-Intent-to-File-Application-for-Default-filed-by-Frank-Tufano/pamd-3:2026-cv-00840-00015

But default judgment isn’t automatic, he still has to properly serve the defendants, and actually state a valid legal claim.

That’s where a lot of these cases seem to fall apart.

For example, in the VeganGains case, I can’t see much information about the case without paying, but from what I can see, frank filed for default judgment and the court denied it.
https://www.pacermonitor.com/public/case/63156808/Tufano_v_Burgess

On another note, he also doesn’t seem to be getting filing fee waivers anymore in his recent lawsuits.

Federal filing fees are around $405 per case, and he’s filed all of the following since April alone:

Apr 01, 2026 Tufano v. Based Bodyworks, LLC et al (3:26-cv-00835) 

Apr 02, 2026 Tufano v. The State of California et al (3:26-cv-00840) 

Apr 06, 2026 Tufano v. Tyler Technologies, Inc. et al (3:26-cv-00879) 

Apr 13, 2026 Tufano v. Better Life Foods Inc. et al (3:26-cv-00939) 

Apr 20, 2026 Tufano v. Mighty Meats LLC et al (3:26-cv-01020) 

Apr 20, 2026 Tufano v. Ice Cream for Bears LLC et al (3:26-cv-01021) 

Apr 20, 2026 Tufano v. Eriksson et al (3:26-cv-01016) 

Apr 20, 2026 Tufano v. Shopify (USA) Inc. et al (3:26-cv-01019) 

Apr 20, 2026 Tufano v. United States Department of Agriculture (3:26-cv-01018) 

May 11, 2026 Tufano v. Saladino, MD et al (3:26-cv-01266) 

May 14, 2026 Tufano v. Small Business Administration et al (3:26-cv-01312)