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hero_prop_suit [2018/10/14 11:58] – [Selling the Enterprise-E] edit to clarify Carlos Pedrazahero_prop_suit [2019/07/27 14:30] (current) – Carlos Pedraza
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 {{::enterprise-e.jpg|}} {{::enterprise-e.jpg|}}
-<wrap lo>The studio model of the Sovereign-class Enterprise-E from //Star Trek: First Contact// is at the center of a lawsuit over its sale, from which OWC Studios head Alec Peters claims he is owed $200,000. <wrap indent lo>//Image/CBS, Paramount Pictures//</wrap></wrap>+<fs smaller>The studio model of the Sovereign-class Enterprise-E from //Star Trek: First Contact// is at the center of a lawsuit over its sale, from which OWC Studios head Alec Peters claims he is owed $200,000.</fs> <fs x-small>//Image/Paramount Pictures//</fs>
  
-====== Company Sues Peters for Defamation in Disputed Prop Sale ======+<fs x-small>UPDATED FEBRUARY 19, 2019<wrap indent>|</wrap><wrap indent>9 MIN READ</wrap></fs>
  
-**//Peters Seeks $200,000 From Sale of Enterprise-E Model on Behalf of Client He May Never Have Represented//**+====== Trial in Peters' Prop Sale, Defamation Lawsuit Set for 2020 ====== 
 + 
 +**//In Countersuit, Peters Seeks Almost $200,000 from Sale of Enterprise Model in Which He Claims a Role//**
  
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-OWC Studios head [[Alec Peters]] is being sued for defamation by a Las Vegas prop company after he threatened legal action over the six-figure sale brokered by the company of the model of the U.S.S. Enterprise-E from //Star Trek: First Contact//.+A January 2020 trial awaits Axanar producer [[Alec Peters]] in a Nevada courtroom, where he's being sued for defamation by Tiana Armstrong of [[http://www.heroprop.com|Hero Prop LLP]], a Las Vegas company, over a disputed sale of the Enterprise-E model from Star Trek: First Contact. 
 + 
 +<WRAP center 90%> <fs smaller>**//See also: [[peters_judgment|Hero Prop Makes Tactical Legal Move Against Alec Peters]]//** </fs> </WRAP> 
 + 
 +Meanwhile, Peters himself filed an amended countersuit November 7, 2018, seeking $165,000 in damages, plus attorneys' fees and other damages, claiming he is owed for his role in the six-figure sale brokered by the company of the model of the U.S.S. Enterprise-E from //Star Trek: First Contact//. 
 + 
 +Armstrong's suit seeks at least $15,000 in damages after Peters allegedly defamed her in a series of posts in a large Facebook props enthusiasts' group. 
 + 
 +{{page>subscribe}}
  
-The suit seeks at least $15,000 in damages after Peters allegedly defamed the company, Hero Prop LLP, and one of its owners, in a series of posts in a large Facebook props enthusiasts' group.+She also wants a judge to declare Peters is not entitled to a share of the sale's proceeds. Her company, Hero Prop, buys and sells rare and collectible movie props, costumes, and television/film memorabilia.
  
-The lawsuit was first filed in Clark County District Court in Nevada on September 21, 2018, by [[http://www.heroprop.com|Hero Prop LLP]] co-owner Tiana Armstrong, naming Peters as a defendant, along with his company, [[propworx-email|Propworx]]. Hero Prop both buys and sells rare and collectible movie props, costumes, and television/film memorabilia.+Her lawsuit was first filed in Clark County District Court in Nevada on September 21, 2018, naming Peters as a defendant, along with his company, [[propworx-email|Propworx]]. 
  
 [{{ ::tiana_armstrong.jpg?150|**HERO PROP** owner **Tiana Armstrong** is suing Alec Peters.}}] [{{ ::tiana_armstrong.jpg?150|**HERO PROP** owner **Tiana Armstrong** is suing Alec Peters.}}]
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 ===== Legal Complaint ===== ===== Legal Complaint =====
  
-The eight-page legal complaint details attempts by Hero Prop to broker the sale of the 10.5-foot long Enterprise-E model constructed for the TNG film, //Star Trek: First Contact//. The legal complaint was amended October 9 to address public defamatory statements Peters allegedly made about Armstrong after Peters was served in the lawsuit.+The eight-page legal complaint details attempts by Hero Prop to broker the sale of the 10.5-foot long Enterprise-E model constructed for the TNG film, //Star Trek: First Contact//. 
  
-<WRAP right round download 50%> +<WRAP right round download 320px> <wrap lo>**LEGAL COMPLAINT** Read the eight-page lawsuit filed against Alec Peters by Hero Prop LLP, and its co-owner, Tiana Armstrong, in a Nevada district court. {{:heroprop-v-peters.pdf|Download 49K PDF}} \\ 
-<wrap lo>**LEGAL COMPLAINT** Read the eight-page lawsuit filed against Alec Peters by Hero Prop LLP, and its co-owner, Tiana Armstrong, in a Nevada district court. {{ ::heroprop-v-peters.pdf |Download 49K PDF}}</wrap> +\\ 
-</WRAP>+**COUNTERCLAIM** Read Alec Peters’ response to the legal complaint with his counterclaim against Armstrong. {{:peters_answer_and_counterclaim.pdf|Download 58K PDF}} </wrap> </WRAP> 
 + 
 +The legal complaint was amended October 9 to address public defamatory statements Peters allegedly made about Armstrong after Peters was served in the lawsuit.
  
  
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 According to the suit, Hero Prop began working with Peters in October 2017, when Armstrong told Peters she had a buyer interested in purchasing the Enterprise-E model from its owner. The model's last known owner was listed as New York collector Adam Schneider.(([[mema>Sovereign_class_model#Physical_studio_models|"Sovereign Class Model," Memory Alpha]], retrieved 10/11/18.)) According to the suit, Hero Prop began working with Peters in October 2017, when Armstrong told Peters she had a buyer interested in purchasing the Enterprise-E model from its owner. The model's last known owner was listed as New York collector Adam Schneider.(([[mema>Sovereign_class_model#Physical_studio_models|"Sovereign Class Model," Memory Alpha]], retrieved 10/11/18.))
  
-The suit alleges Armstrong asked Peters if he knew the owner. Peters reportedly replied, “Yes, very well.” Though the owner is not named in the suit, Peters was briefly associated with Schneider's restoration effort of the Original Series' full-scale mockup of the Galileo shuttlecraft, which Schneider donated to the Johnson Space Center in Houston.(([[mema>FanAddicts!#Adam_Schneider|"FanAddicts!," Memory Alpha]], retrieved 10/11/18.))+<WRAP right round important 320px> 
 +<fs larger><wrap em>Judicial Calendar</wrap></fs> \\ 
 +<fs smaller>The Clark County, Nev., District Court set the following schedule for the case leading up to trial:</fs> 
 +  * <fs smaller>**May 22** Amended pleadings or adding other parties are due.</fs> 
 +  * <fs smaller>**May 22** Expert evidence in the case is due.</fs> 
 +  * <fs smaller>**June 21** Experts' rebuttals are due.</fs> 
 +  * <fs smaller>**August 20** [[Discovery]] deadline for both sides to collect evidence.</fs> 
 +  * <fs smaller>**September 5** A status check is expected in court.</fs> 
 +  * <fs smaller>**September 19** Motions for summary judgment, or other similar motions, are due.</fs> 
 +  * <fs smaller>**January 20, 2020** The expected two-day trial is scheduled within a five-week period starting this date before a judge alone, despite Peters initially requesting a jury.</fs> 
 +</WRAP>
  
-[{{ ::adam_schneider_with_the_sovereign-class_studio_model.jpg?350|**SOVEREIGN CLASS** The physical model of the Enterprise-E at the center of a lawsuit against OWC Studios head Alec Peters, pictured with its last known owner. <wrap indent lo>//Image/Memory Alpha//</wrap>}}]+The suit alleges Armstrong asked Peters if he knew the Enterprise model's owner. Peters reportedly replied, “Yes, very well.” Though the owner is not named in the suit, Peters was briefly associated with Schneider's restoration effort of the Original Series' full-scale mockup of the Galileo shuttlecraft, which Schneider donated to the Johnson Space Center in Houston.(([[mema>FanAddicts!#Adam_Schneider|"FanAddicts!," Memory Alpha]], retrieved 10/11/18.))
  
 Armstrong stated she told Peters the buyer was willing to pay $500,000 for the Enterprise model, and that Hero Prop would split profits from the sale, with one-third going to Peters, if he could convince the owner to sell for less than $500,000.((Hero Prop LLP v. Alec Peters/Propworx, Amended Complaint, Clark County District Court, Las Vegas, p. 2 ¶8, 10/9/18.)) Armstrong stated she told Peters the buyer was willing to pay $500,000 for the Enterprise model, and that Hero Prop would split profits from the sale, with one-third going to Peters, if he could convince the owner to sell for less than $500,000.((Hero Prop LLP v. Alec Peters/Propworx, Amended Complaint, Clark County District Court, Las Vegas, p. 2 ¶8, 10/9/18.))
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 Armstrong stated she was unaware of the bad relationship between Peters and the owner: Armstrong stated she was unaware of the bad relationship between Peters and the owner:
  
-> At no point prior to October 29, 2017 did Peters inform Armstrong that Peters had a very poor relationship with Owner and was in no position to arrange a sale with the Owner. Had Peters truthfully represented he had a poor relationship with the Owner, Plaintiffs would have never sought Peters’ assistance in acquiring the Enterprise-E.((Hero Prop LLP v. Alec Peters/Propworx, Amended Complaint, Clark County District Court, Las Vegas, p. 2 ¶9, 10/9/18.))+[{{ ::adam_schneider_with_the_sovereign-class_studio_model.jpg?350|**SOVEREIGN CLASS** The physical model of the Enterprise-E at the center of a lawsuit against OWC Studios head Alec Peters, pictured with its last known owner. <wrap indent lo>//Image/Memory Alpha//</wrap>}}]
  
-[{{ :alec_peters.jpg?nolink&150|OWC Studios head and Axanar producer **Alec Peters**}}]+> At no point prior to October 29, 2017 did Peters inform Armstrong that Peters had a very poor relationship with Owner and was in no position to arrange a sale with the Owner. Had Peters truthfully represented he had a poor relationship with the Owner, Plaintiffs would have never sought Peters’ assistance in acquiring the Enterprise-E.((Hero Prop LLP v. Alec Peters/Propworx, Amended Complaint, Clark County District Court, Las Vegas, p. 2 ¶9, 10/9/18.))
  
 === 'An Asshole' === === 'An Asshole' ===
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 After learning from Armstrong a couple weeks later that the buyer was willing to pay more for the model, Hunt, of his own accord, contacted the Enterprise's owner; Hunt had not been a Propworx employee for months. After a few weeks of negotiations, the owner agreed to sell the Enterprise, along with a studio model of the Deep Space 9 space station. After learning from Armstrong a couple weeks later that the buyer was willing to pay more for the model, Hunt, of his own accord, contacted the Enterprise's owner; Hunt had not been a Propworx employee for months. After a few weeks of negotiations, the owner agreed to sell the Enterprise, along with a studio model of the Deep Space 9 space station.
 +
 +[{{ :alec_peters.jpg?nolink&150|Axanar producer **Alec Peters**}}]
 +
 ==== 'The Seller's Agent' ==== ==== 'The Seller's Agent' ====
  
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 The owner characterized his relationship with Peters somewhat differently, telling **AxaMonitor** in a one-sentence statement, "I have not communicated, or been called/emailed, from Alec in the last five years."((Email from Adam Schneider to Carlos Pedraza, 10/11/18.)) The owner characterized his relationship with Peters somewhat differently, telling **AxaMonitor** in a one-sentence statement, "I have not communicated, or been called/emailed, from Alec in the last five years."((Email from Adam Schneider to Carlos Pedraza, 10/11/18.))
  
-==== $200,000 in Damages ====+==== Peters' Damages ====
  
-According to the lawsuit, the letter from Peters' lawyer accused Armstrong and Hero Prop of “fraud, intentional misrepresentation, intentional interference with … contractual rights, dealing in bad faith, and conspiracy” and that Peters planned to seek at least $200,000 in damages, plus court costs, attorney’s fees and punitive damages.((Hero Prop LLP v. Alec Peters/Propworx, Amended Complaint, Clark County District Court, Las Vegas, p. 5 ¶26, 10/9/18.))+Peters' counterclaim alleged Armstrong and Hero Prop committed breach of contract, unjust enrichment and fraudulent misrepresentation, for which Peters planned to seek at least $165,000 in damages, plus court costs, attorney’s fees and punitive damages.((Defendants' Answer to Amended Complaint for Declaratory Relief and Damages and Counterclaim, pp. 12-15, 11/7/2018.)) 
 + 
 +==== Stolen Objects ==== 
 + 
 +In his counterclaim, Peters stated his discovery Armstrong had trafficked in stolen objects led her to retaliate: 
 + 
 +> Upon information and belief, Mr. Peters discovered that Ms. Armstrong had sold multiple stolen objects and obtained commissions therefrom, including but not limited to objects from Marvel Studios and Warner Brothers. Once Ms. Armstrong became aware of Mr. Peters’ knowledge of her previous sales, she attempted to exclude him from all pending transactions.((Defendants' Answer to Amended Complaint for Declaratory Relief and Damages and Counterclaim, p. 12 ¶34, 11/7/2018.))
  
 === Propworx Bankruptcy === === Propworx Bankruptcy ===
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 </WRAP> </WRAP>
  
-Armstrong and Hero Prop are represented by attorney Michael D. Rawlins of the Smith & Shapiro law firm. Peters' attorney has not yet been entered into court records. {{:axamonitor-ico.gif?nolink|}}+In his counterclaim, Peters detailed what he wants from the lawsuit: 
 +<WRAP 95%> 
 +  * Actual and compensatory damages in excess of $165,000, plus pre- and post- judgment interest. 
 +  * Attorney’s fees and costs of the suit. 
 +  * Exemplary and punitive damages in excess of $15,000.((Defendants' Answer to Amended Complaint for Declaratory Relief and Damages and Counterclaim, Prayer for Relief, p. 16, 11/7/2018.)) 
 + 
 +===== Attorneys ===== 
 + 
 +Armstrong and Hero Prop are represented by attorney Michael D. Rawlins of the Smith & Shapiro law firm. Peters is represented by Kory L. Kaplan, of the Larson Zirzow & Kaplan law firm. {{:axamonitor-ico.gif?nolink|}}
  
 <WRAP tip 75%> <WRAP tip 75%>
 <wrap em>COMMENTS</wrap> \\ <wrap em>COMMENTS</wrap> \\
-Discuss this article in [[face>groups/axamonitor/permalink/502341973613988/|AxaMonitor's Facebook group]].+Discuss this article in [[face>groups/axamonitor/permalink/582039078977610/|AxaMonitor's Facebook group]].
 </WRAP> </WRAP>
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-**Keywords**{{tag>lawsuit legal Alec_Peters propworx props}}+**Keywords**{{tag>lawsuit legal Alec_Peters propworx props Hero_Prop}}