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litigation_hold [2019/04/27 10:21] – created Carlos Pedrazalitigation_hold [2019/05/31 00:59] (current) Carlos Pedraza
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-<fs smaller>[cutline]</fs> <fs x-small>//Source//</fs>+<fs smaller>**LITIGATION HOLD** This letter advises AxaMonitor and Fan Film Factor that their records may be subject to discovery in litigation between Robert Meyer Burnett and Alec Peters.</fs> <fs x-small>//Source/Dorros Law//</fs>
  
-<fs x-small>MONTH 1, 2019<wrap indent> | </wrap><wrap indent> MIN READ</wrap></fs>+<fs x-small>APRIL 27, 2019<wrap indent> | </wrap><wrap indent> MIN READ</wrap></fs>
  
 ====== Litigation Hold Served on AxaMonitor, Fan Film Factor ====== ====== Litigation Hold Served on AxaMonitor, Fan Film Factor ======
  
-**//A new chapter in the legal conflict between Axanar's Alec Peters and former director Robert Meyer Burnett// **+**//A new chapter in the legal conflict between Axanars Alec Peters and former director Robert Meyer Burnett// **
  
- {{page>byline}} {{TOC}}+ {{TOC}}{{page>byline}}
  
-DATELINE — Lorem ipsum dolor sit amet lorem ispum greek textLorem ipsum dolor sit amet lorem ispum greek text. Lorem ipsum dolor sit amet lorem ispum greek text. Lorem ipsum dolor sit amet lorem ispum greek text. Lorem ipsum dolor sit amet lorem ispum greek text.+**A litigation hold** has been served by Robert Meyer Burnett’s attorney, Torin Dorros, in an email sent to AxaMonitor editor Carlos Pedraza and Fan Film Factor blogger and Axanar surrogate Jonathan LaneThe notice is common in civil lawsuits and signals the former //Axanar// director is getting closer to countersuing Alec Peters.
  
-{{page>see also}}{{page>subscribe}}+<WRAP center 90%<fs smaller>**//See also: [[second_letter|Lawyer Decries Defamation as Questions Multiply in Suit]]//** </fs> </WRAP>
  
-===== [Headline 2] =====+===== Retain All Axanar Information =====
  
-[2nd graf]+{{page>subscribe}}
  
-<WRAP>//**__« Pull quoteLorem ipsum dolor sit amet lorem ispum greek text. »__ **//  <wrap indent>//— Source//</wrap></WRAP>+The letter notifies AxaMonitor and Lane to retain "all documents, materials, [electronically stored information], information, and things related to the Georgia Action [[:burnett_responds?s[]=litigation&s[]=hold|[Peters v. Burnett]]], any Burnett-Axanar litigation, Axanar, and/or Burnett."
  
-[Closing Graf]+===== Shot Across the Bow =====
  
-{{page>footer}}{{tag>tagged items}}+The letter is the second shot across the bow to Peters and his associate, Lane, that Burnett [[:burnett_responds#burnett_may_sue_peters|may take legal action]] against Peters. We reported on March 4 a similar letter was sent by Dorros to Peters’ attorney, who has [[:second_letter#no_reply_from_peters_attorney|never responded]]. 
 + 
 +===== Looking for Information ===== 
 + 
 +Facts, statements and/or allegations are what Dorros is looking for that have been referenced in AxaMonitor and Fan Film Factor, particularly regarding Peters’ suit and any possible claims Burnett may have against Peters. 
 +---- 
 +<WRAP>//**__« State and federal laws provide legal protection against efforts to reveal the identity of confidential sources and from having to disclose unpublished information collected in the course of news-gathering. »__  **//  <wrap indent>//— AxaMonitor editor Carlos Pedraza//</wrap></WRAP> 
 + 
 +<WRAP right round download 320px> 
 +<WRAP>//**__<fs smaller>Download</fs>__**//</WRAP> 
 +**Litigation Hold** [[litigation hold letter|{{:pdf_icon.png?nolink|}}]][[litigation_hold_letter| PDF, 125KB]] \\ 
 +<fs smaller>This five-page letter from Robert Meyer Burnett's lawyer instructs AxaMonitor's and Fan Film Factor's writers to maintain records that may be discoverable should Burnett countersue Alec Peters. It also hints at what sort of topics might be covered by such a suit.</fs> 
 +</WRAP> 
 + 
 +==== AxaMonitor Not Subject ==== 
 + 
 +As a news site covering the lawsuit, AxaMonitor is not subject to such a hold,  Pedraza says. 
 + 
 +"State and federal laws provide legal protection against efforts to reveal the identity of confidential sources and from having to disclose unpublished information collected in the course of news-gathering," he says. "Everything I publish is in the public interest. Anything I don’t is work product [[http://www.dmlp.org/legal-guide/legal-protections-sources-and-source-material|legally protected]] in the interest of continued unfettered news reporting. I can't cover this lawsuit and protect my sources if I become involved in it." 
 + 
 +[{{ ::rmb_headshot-1.jpg?nolink&100|**Robert Meyer Burnett**}}
 + 
 +===== Defamation ===== 
 + 
 +Dorros definitely wants information regarding Peters’ "conduct and statements toward Mr. Burnett," which Dorros has [[:second_letter|twice decried]] as defamatory. 
 + 
 +===== Not Targets ===== 
 + 
 +Dorros assures AxaMonitor and Fan Film Factor they are not intended as targets of litigation themselves but may hold information Dorros seeks to ensure is not "lost, altered, deleted, or destroyed." Doing so could subject Pedraza and Lane to civil and criminal penalties. 
 + 
 +==== A Caveat About Lane ==== 
 + 
 +Though not currently a target, Lane’s relationship with Peters may come under scrutiny by Dorros: 
 + 
 +<WRAP>//**__« We do recognize however that there is some question as to the relationship, or extent of the relationship, between Mr. Lane and/or [[https://axanarproductions.com/author/jonathan/|Fan Film Factor and Axanar]]. »__  **//  <wrap indent>//— Attorney Torin Dorros//</wrap></WRAP> 
 + 
 +[{{ :torin_dorros.jpg?100|Attorney **Torin Dorros**}}] 
 + 
 +==== Leaked Information ==== 
 + 
 +Dorros’ letter notes that his correspondence with Peters’ attorney "have unfortunately been publicly disclosed. We can assure that we are looking into this issue, however the disclosure … was not by Dorros Law or Burnett." 
 + 
 +AxaMonitor obtained the documents from confidential sources. 
 + 
 +===== Topics of Interest ===== 
 + 
 +What kind of information  might Dorros be seeking should Burnett countersue Peters? The litigation hold specifies a broad list of topics that could come into play should Burnett countersue Peters, including: 
 +<WRAP 90% center> 
 +  * Peters’ current suit against. Burnett, and their personal and business relationship. 
 +  * Financing and production of Axanar; Axanar Productions’ employment practices; Axanar’s and Peters’ business operations, finances, taxes and corporate structure; financing of Axanar and its donors; commercialization of Axanar; fundraising on Kickstarter, Indiegogo, Patreon, YouTube, Facebook, Instagram, or other platforms. 
 +  * Peters’ business relationship with others in the entertainment and props industries. 
 +  * The CBS/Paramount lawsuit. 
 +  * Pedraza’s and Lane’s own relationship with Alec Peters, and other conduct or prior correspondences between the parties and/or their counsel. 
 +</WRAP> 
 + 
 +===== 'A Non-Story' ===== 
 + 
 +Lane gave AxaMonitor a statement (excerpted below), in which he states, "I’ve been advised to stay out of this matter and say nothing publicly, and so I have been. You’ll find that this lawsuit between Alec and Rob has been a non-story on Fan Film Factor. and will remain so." 
 + 
 +<WRAP right 320px> 
 +--> Jonathan Lane's Full Statement^ 
 +<WRAP box> 
 +[{{ :jonathan-lane-headshot.jpg?85|**Jonathan Lane**}}] 
 +<fs smaller>I've been advised to stay out of this matter and say nothing publicly, and so I have been.  You'll find that this lawsuit between Alec and Rob has been a non-story on Fan Film Factor. and will remain so.  I choose to focus instead on the positive news and developments in our fan film community, including Axanar.</fs>  
 +</WRAP> 
 +<WRAP box> 
 +--> More » # 
 +<fs smaller>Later on this week, I'll be doing a feature about the local Gwinett County high schoolers who have been given the amazing and unique opportunity to shoot their short student films on the Ares Studio bridge set.  I assume that Axamonitor won't be covering that story [//Editor's note: We did, in [[https://us20.campaign-archive.com/?u=2d0411ecf0787fd9d4dc8dc5c&id=9140220a85|AxaMonitor Daily]]//], so I encourage your readers to check out the interview with Video Pathway Lead Teacher Pasha Souvorin on Fan Film Factor. 
 +\\ \\ 
 +As for the litigation hold, there seems to be no reason for me not to retain all correspondences I've had with both Alec and Rob...as I seldom delete anything anyway (I'm a digital pack rat).  As for how I will respond to Mr. Dorros, I did not notice any request in the correspondence for a response or even a confirmation of receipt.  It was simply a standard notice used regularly in lawsuits when the parties involved and identified third parties might have documents or communications relevant to specific legal proceedings.</fs> 
 + 
 +<-- 
 +</WRAP> 
 + 
 +==== Keeping Information ==== 
 + 
 +Lane adds, "As for the litigation hold, there seems to be no reason for me not to retain all correspondences I’ve had with both Alec and Rob…as I seldom delete anything anyway." He also notes such letters to third parties are common practice in such litigation. 
 + 
 +===== Why it Matters ===== 
 + 
 +Despite Burnett having been served in California weeks ago, Peters has not yet filed the required proof of service with the Georgia court, effectively stalling his suit. 
 + 
 +**Frustration**: Burnett appears to be frustrated by the financial drain even pending litigation imposes on him, and appears inclined to retaliate. As the above list of topics demonstrates, his long and wide-ranging relationship with Peters could expose hidden information about Axanar to the light of day. {{:axamonitor-ico.gif?nolink|}} 
 + 
 +<WRAP tip 90%> 
 +<wrap em>COMMENT & SHARE</wrap> \\ 
 +<wrap lo>Discuss this article in [[face>groups/axamonitor/permalink/622466598268191/|AxaMonitor's Facebook group]] or share on:</wrap>~~socialite~~ 
 +</WRAP> 
 +---- 
 +**Keywords** {{tag>Peters_v._Burnett lawsuit Jonathan_Lane}}