Letter to Peters’ Lawyer Warns of Several Possible Counterclaims

AxaMonitor has obtained a copy of a letter from Robert Meyer Burnett’s attorney responding to Axanar producer Alec Peters’ legal threats, settlement offer and alleged defamation of his client.

Almost two weeks have passed since Peters filed his lawsuit in Georgia, and he has still not served Burnett, the former director of Axanar, the legal complaint and summons.

Asked to verify and comment on his lawyer’s letter, Burnett told AxaMonitor: “Thank you but my attorney has advised me not to comment given the pending lawsuit.”

Meanwhile, Burnett’s lawyer, Torin A. Dorros, asked Peters to “refrain from further defamatory and/or threatening language directed toward Mr. Burnett,” including Peters’ public references to Burnett as a “thief” who had “’stolen’ money and/or property.”

Peters statements expose him to legal liability, according to the letter:

Understandably, Mr. Peters’ conduct exposes him to serious and substantial liability for defamation, intentional and/or negligent infliction of emotional distress … We demand that he immediately refrain from such conduct.¹⁾

Along with the letter, Dorros attached a Litigation Hold Notice, a formal notification to Peters that Burnett’s own lawsuit may be coming and he should find and preserve records pertaining to the matter described, including email, text documents, calendars, voice mails, videos, photos and even Post-it notes.

The Hold Notice specifically reminds Peters that destruction, deletion, loss or alteration of evidence subjects him to civil and criminal penalties. Peters is well known for having failed to produce a trove of emails required under a subpoena in the Axanar copyright suit. That led to the judge in that case ordering a second deposition of Peters.

Among the topics for which Peters is advised to retain records:

In the meantime, Peters’ lawsuit is going nowhere until Peters finds a way to serve his Georgia court summons to Burnett, a California resident who may not even be subject to such a suit in Peters’ home state.

This letter raises the stakes in the legal confrontation between the former Axanar colleagues, pointing to “substantial viable claims” Burnett intends to pursue against Peters and Axanar Productions.

In addition to defamation and threats, the letter points to other legal claims, including “significant employment law claims” for unpaid wages, rest and meal breaks and overtime.

Peters and Axanar Productions may also have taken and used Burnett’s intellectual property, with the former director and editor never having assigned copyright to Axanar. The attorney says Axanar is “using, marketing and commercially exploiting” Burnett’s copyrighted works.