Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
Next revision		Previous revision
litigation_hold [2019/04/27 11:10] – Carlos Pedrazalitigation_hold [2019/05/31 00:59] (current) – Carlos Pedraza
Line 1: Line 1:
 {{::litigation_hold.jpg|}} \\ {{::litigation_hold.jpg|}} \\
-<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>APRIL 27, 2019<wrap indent> | </wrap><wrap indent> 5 MIN READ</wrap></fs> <fs x-small>APRIL 27, 2019<wrap indent> | </wrap><wrap indent> 5 MIN READ</wrap></fs>
Line 12: Line 12:
 **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 Lane. The notice is common in civil lawsuits and signals the former //Axanar// director is getting closer to countersuing Alec Peters. **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 Lane. The 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>
  
-===== Retain all Axanar information =====+===== Retain All Axanar Information =====
  
-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."+{{page>subscribe}}
  
-===== Shot across the bow =====+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." 
 + 
 +===== Shot Across the Bow =====
  
 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]]. 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]].
Line 25: Line 27:
  
 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. 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 ===== ===== Defamation =====
Line 30: Line 48:
 Dorros definitely wants information regarding Peters’ "conduct and statements toward Mr. Burnett," which Dorros has [[:second_letter|twice decried]] as defamatory. Dorros definitely wants information regarding Peters’ "conduct and statements toward Mr. Burnett," which Dorros has [[:second_letter|twice decried]] as defamatory.
  
-===== Not targets =====+===== 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. 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 for Lane ====+==== A Caveat About Lane ====
  
 Though not currently a target, Lane’s relationship with Peters may come under scrutiny by Dorros: Though not currently a target, Lane’s relationship with Peters may come under scrutiny by Dorros:
Line 40: Line 58:
 <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> <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>
  
-==== Leaked information ====+[{{ :torin_dorros.jpg?100|Attorney **Torin Dorros**}}]
  
-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. What kind of information  might Dorros be seeking should Burnett countersue Peters?+==== Leaked Information ====
  
-===== Topics of interest =====+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."
  
-The litigation hold specifies a broad list of topics that could come into play should Burnett countersue Peters, including:+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> <WRAP 90% center>
   * Peters’ current suit against. Burnett, and their personal and business relationship.   * Peters’ current suit against. Burnett, and their personal and business relationship.
Line 55: Line 77:
 </WRAP> </WRAP>
  
-===== Lane and Pedraza respond =====+===== 'A Non-Story' =====
  
-Lane gave AxaMonitor a statement (excerpted below). His full statement will be published in a follow-up article on AxaMonitor.com.+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 325px> +<WRAP right 320px> 
---> Jonathan Lane's Statement #+--> Jonathan Lane's Full Statement^
 <WRAP box> <WRAP box>
-<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.   +[{{ :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>  
-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.+</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> 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> 
  
 <-- <--
 </WRAP> </WRAP>
  
-[{{:jonathan-lane-headshot.jpg?100 |**Jonathan Lane**}} ] +==== Keeping Information ====
- +
-==== ‘A non-story’ ==== +
- +
-Lane says, "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." +
- +
-==== 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. 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.
  
-**As for AxaMonitor**, Pedraza notes 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. +===== Why it Matters =====
- +
-**‘In the public interest’**: "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," Pedraza says. +
- +
-===== 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. 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. Stay tuned. +**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|}} 
-{{page>footer}}{{tag>tagged items}}+ 
 +<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}}