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second_letter [2019/04/16 11:38] – Carlos Pedrazasecond_letter [2019/04/22 00:11] (current) – Carlos Pedraza
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-{{::axaconfidential12-cropped.jpg|}} +{{:axaconfidential12-cropped.jpg}}<fs smaller>**‘HE’S A THIEF’** Axanar producer Alec Peters lambasts former director Robert Meyer Burnett, telling his //Axanar: Confidential// audience Burnett stole equipment and digital assets from the doomed project Peters used to call an "independent Star Trek feature." </fs> <fs x-small>//Video image/Axanar YouTube channel//</fs>
-<fs smaller>**‘HE'S A THIEF’** Axanar producer Alec Peters lambasts former director Robert Meyer Burnett, telling his //Axanar: Confidential// audience Burnett stole equipment and digital assets from the doomed project Peters used to call an "independent Star Trek feature." +
-</fs> <fs x-small>//Video image/Axanar YouTube channel//</fs>+
  
 <fs x-small>APRIL 16, 2019<wrap indent> | </wrap><wrap indent> 8 MIN READ</wrap></fs> <fs x-small>APRIL 16, 2019<wrap indent> | </wrap><wrap indent> 8 MIN READ</wrap></fs>
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 ====== Lawyer Decries Defamation as Questions Multiply in Suit ====== ====== Lawyer Decries Defamation as Questions Multiply in Suit ======
  
-**//Big talk, little action: Alec Peters' former advisor calls him out for trying to intimidate director Rob Burnett// **+**//Big talk, little action: Is Alec Peters serious about doing any more than intimidating director Rob Burnett?// **
  
  {{page>byline}} {{TOC}}  {{page>byline}} {{TOC}}
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 **Unrelenting, potentially defamatory accusations** by Axanar producer Alec Peters against former director [[:burnett_resigns|Robert Meyer Burnett]] prompted the lawyer for Peters’ once-stalwart colleague to issue a second legal warning. **Unrelenting, potentially defamatory accusations** by Axanar producer Alec Peters against former director [[:burnett_resigns|Robert Meyer Burnett]] prompted the lawyer for Peters’ once-stalwart colleague to issue a second legal warning.
  
-<WRAP center 90%> +<WRAP center 90%> <fs smaller>**//Main story: [[:peters_sues_burnett|Peters Sues Former Axanar Director in Georgia Court]]\\ 
-<fs smaller>**//Main story: [[peters_sues_burnett|Peters Sues Former Axanar Director in Georgia Court]] \\ See also: [[burnett_settlement|Peters Proposes Settling with Former Axanar Director]] and [[settlement_analysis|The Legal Merits of Peters' Settlement Offer]]//**</fs> +See also: [[:burnett_settlement|Peters Proposes Settling with Former Axanar Director]] and [[:settlement_analysis|The Legal Merits of Peters' Settlement Offer]]//** </fs> </WRAP>
-</WRAP>+
  
 ===== No Reply From Peters' Attorney ===== ===== No Reply From Peters' Attorney =====
  
-In an April 12, 2019, letter to Peters’ attorney of record in Georgia,  Beverly Hills attorney Torin A. Dorros wondered why he hasn't heard back in a month and a half about Dorros' offer to negotiate an end to a public dispute that has aired [[peters_sues_burnett#bitter_exchanges|Axanar's dirty laundry]].+In an April 12, 2019, letter to Peters’ attorney of record in Georgia, Beverly Hills attorney Torin A. Dorros wondered why he hasn’t heard back in a month and a half about Dorros’ offer to negotiate an end to a public dispute that has aired [[:peters_sues_burnett#bitter_exchanges|Axanar's dirty laundry]].
  
 {{page>subscribe}} {{page>subscribe}}
  
-Apparently concerned by Peters' lack of legal experience, and Peters' insistence on communicating with him, Dorros pleaded for intervention by Peters' attorney, H. Michael Dever.:+Apparently concerned by Peters’ lack of legal experience, and Peters’ insistence on communicating with him, Dorros pleaded for intervention by Peters’ attorney, H. Michael Dever:
  
-> I have not received any response from you to my prior correspondences. I would thus respectfully request a response as to whether I should be handling this matter through you or directly with Mr. Peters — I do believe <wrap hi>it would be to the parties’ benefit to have experienced counsel such as yourself involved</wrap> in the process.((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.)) +> I have not received any response from you to my prior correspondences. I would thus respectfully request a response as to whether I should be handling this matter through you or directly with Mr. Peters — I do believe <wrap hi>it would be to the parties’ benefit to have experienced counsel such as yourself involved</wrap> in the process.((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.))   
-<html><hr/ ></html> +<html><hr/ ></html> <WRAP>//**__“You wanna steal money, you wanna steal equipment, you wanna deny us our assets, I’m taking you to court. … Rob Burnett is a thief. It’s that simple.”__ **//  <wrap indent>//— Axanar producer Alec Peters//</wrap></WRAP>
-<WRAP>//**__“You wanna steal money, you wanna steal equipment, you wanna deny us our assets, I’m taking you to court. … Rob Burnett is a thief. It’s that simple.”__**// <wrap indent>//— Axanar producer Alec Peters//</wrap></WRAP>+
  
-<WRAP right round download 320px> +<WRAP right round download 320px> {{  :ltr_to_m_dever_re_follow_up_re_review_of_ap_settlement_agreement_-_4-12-2019_-_with_exhibits.pdf_page_1_of_27_.jpg?nolink&}}<wrap lo>**Read the Letter**</wrap>\\ 
-{{ ::ltr_to_m_dever_re_follow_up_re_review_of_ap_settlement_agreement_-_4-12-2019_-_with_exhibits.pdf_page_1_of_27_.jpg?nolink|}} +<fs small>You can download a copy of the three-page {{:dever_letter.pdf|letter to Alec Peters' attorney}}  (208 KB) from Robert Meyer Burnett’s lawyer, Torin Dorros, on April 12.</fs> </WRAP>
-<wrap lo>**Read the Letter**</wrap> \\ <fs small>You can download a copy of the three-page {{ :dever_letter.pdf |letter to Alec Peters' attorney}} (208 KB) from Robert Meyer Burnett's lawyer, Torin Dorros on April 12.</fs> </WRAP>+
  
 ==== Lawyer: Stop Defaming Burnett ==== ==== Lawyer: Stop Defaming Burnett ====
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 During a minute-plus rant during the [[yout>n3jYDrQVz2I?t=948|YouTube livestream]] Peters said, “You wanna steal money, you wanna steal equipment, you wanna deny us our assets, I’m taking you to court. … Rob Burnett is a thief. It’s that simple.” During a minute-plus rant during the [[yout>n3jYDrQVz2I?t=948|YouTube livestream]] Peters said, “You wanna steal money, you wanna steal equipment, you wanna deny us our assets, I’m taking you to court. … Rob Burnett is a thief. It’s that simple.”
  
-Dorros warned Dever's client off such behavior:+Dorros warned Dever’s client off such behavior:
  
-> I will not go into detail as to the various and multiple other instances of quite clear defamation by Mr. Peters relative to Mr. Burnett, however I must again insist that you ensure that your client immediately cease and desist from any such further conduct and remove/take down any and all similar language … from any location accessible by third parties, including without limitation, the Internet, YouTube, Facebook, Instagram, the Axanar Productions website, or otherwise.((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 3, 4/12/19.))+> I will not go into detail as to the various and multiple [[yout>IDDI8KeRsug|other instances]] of quite clear defamation by Mr. Peters relative to Mr. Burnett, however I must again insist that you ensure that your client immediately cease and desist from any such further conduct and remove/take down any and all similar language … from any location accessible by third parties, including without limitation, the Internet, YouTube, Facebook, Instagram, the Axanar Productions website, or otherwise.((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 3, 4/12/19.))
  
 [{{ :captain-peters-1.jpg|**Alec Peters**}}] [{{ :captain-peters-1.jpg|**Alec Peters**}}]
- 
 ===== Big Talk, Little Action ===== ===== Big Talk, Little Action =====
  
-Despite Peters' legal threats and his repeated denigration of Burnett over the past five months, the lawsuit has essentially sputtered to a halt. Again.+Despite Peters’ legal threats and his repeated denigration of Burnett over the past five months, the lawsuit has essentially sputtered to a halt. Again.
  
 ==== Delays ==== ==== Delays ====
  
-After filing suit in Georgia state court in Gwinnett County on February 18: +After filing suit in Georgia state court in Gwinnett County on February 18: <WRAP 90% center> 
-<WRAP 90% center>+
   * **First delay**: It took Peters 25 days to serve Burnett, a California resident with the legal summons for the Georgia lawsuit.   * **First delay**: It took Peters 25 days to serve Burnett, a California resident with the legal summons for the Georgia lawsuit.
   * **Badly served**: Neither Peters nor his attorney have filed the required proof of service with the court. Without such proof filed with the court, Burnett isn’t required to reply to the suit, effectively grinding Peters’ legal action to a halt. According to Dorros:   * **Badly served**: Neither Peters nor his attorney have filed the required proof of service with the court. Without such proof filed with the court, Burnett isn’t required to reply to the suit, effectively grinding Peters’ legal action to a halt. According to Dorros:
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 === Burnett's Comment === === Burnett's Comment ===
  
-Asked to comment on the pubic release of his attorney's letter, Burnett said, "As you know, I'm taking all of this very, very seriously. So, on the advice of counsel, I cannot comment on any ongoing, or upcoming, legal proceedings involving these cases."+Asked to comment on the pubic release of his attorney’s letter, Burnett said, "As you know, I’m taking all of this very, very seriously. So, on the advice of counsel, I cannot comment on any ongoing, or upcoming, legal proceedings involving these cases."
  
 ==== Big Talk ==== ==== Big Talk ====
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 === 'Overwhelming Documentation' === === 'Overwhelming Documentation' ===
  
-In an email to Dorros attempting to persuade him to accept his [[burnett settlement|settlement offer]], Peters crowed about having "overwhelming documentation [of] all our claims,"((Alec Peters email to Torin Dorros, re: Final Settlement Offer, 3/3/19.)) though none of that was included in his February 18 legal complaint, nor in any subsequent communication with Burnett or Dorros.+In an email to Dorros attempting to persuade him to accept his [[:burnett_settlement|settlement offer]], Peters crowed about having "overwhelming documentation [of] all our claims,"((Alec Peters email to Torin Dorros, re: Final Settlement Offer, 3/3/19.))  though none of that was included in his February 18 legal complaint, nor in any subsequent communication with Burnett or Dorros.
  
 ==== Trying to Settle ==== ==== Trying to Settle ====
  
-Despite [[settlement_analysis|serious problems]] with Peters' [[burnett_settlement|proposed settlement]] agreement, Dorros asked Peters' lawyer for negotiations to create a valid settlement, writing: "I do not believe attempting to get the parties to early resolution is an unreasonable goal."((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.))+Despite [[:settlement_analysis|serious problems]] with Peters’ [[:burnett_settlement|proposed settlement]] agreement, Dorros asked Peters’ lawyer for negotiations to create a valid settlement, writing: "I do not believe attempting to get the parties to early resolution is an unreasonable goal."((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.))
  
-Dorros observed Peters' true goal in a March 4 email appeared to be regaining the lost //Axanar// digital assets: "Irrespective of [Peters'] various allegations … Mr. Peters is really only looking for the provision of certain alleged Axanar Productions digital assets."((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.))+Dorros observed Peters’ true goal in a March 4 email appeared to be regaining the lost //Axanar//  digital assets: "Irrespective of [Peters’] various allegations … Mr. Peters is really only looking for the provision of certain alleged Axanar Productions digital assets."((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.)) <WRAP right 400px> <WRAP>//**__<wrap em>Watch</wrap>__ **// </WRAP>
  
-<WRAP right 400px> 
-<WRAP>//**__<wrap em>Watch</wrap>__**//</WRAP> 
 {{youtube>n3jYDrQVz2I?t=948?large|Axanar: Confidential #12}} {{youtube>n3jYDrQVz2I?t=948?large|Axanar: Confidential #12}}
-<fs small>**AT 15:48** in this video, Alec Peters tells his YouTube viewers that former //Axanar// director Robert Meyer Burnett is "a thief."</fs> <fs x-small>//Video/Axanar YouTube channel//</fs>+ 
 +<fs small>**AT 15:48**  in this video, Alec Peters tells his YouTube viewers that former //Axanar//  director Robert Meyer Burnett is "a thief."</fs> <fs x-small>//Video/Axanar YouTube channel//</fs> 
 ---- ----
 +
 </WRAP> </WRAP>
  
-However, Dorros argued the terms of Peters' proposal "do not in fact read that way":+However, Dorros argued the terms of Peters’ proposal "do not in fact read that way":
  
-> In my opinion, [Peters' settlement terms] do not effectively provide for the necessary typical settlement protections that I believe all parties would likely want included so as to ensure that each party can truly “move on” once the agreement is executed.((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.))+> In my opinion, [Peters’ settlement terms] do not effectively provide for the necessary typical settlement protections that I believe all parties would likely want included so as to ensure that each party can truly “move on” once the agreement is executed.((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.))
  
-Peters scoffed at Dorros: +Peters scoffed at Dorros:
  
 > If you aren’t smart enough to take the very generous settlement offer we sent, then see you in court. I am tired of your absurd bullshit.((Alec Peters email to Torin Dorros, re: Final Settlement Offer, 3/3/19.)) > If you aren’t smart enough to take the very generous settlement offer we sent, then see you in court. I am tired of your absurd bullshit.((Alec Peters email to Torin Dorros, re: Final Settlement Offer, 3/3/19.))
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 === Missing Plaintiff === === Missing Plaintiff ===
  
-Dorros' letter also observed Peters' settlement proposal did not include the other plaintiff in the suit, Axanar Productions Inc. "It would need to be a party to the settlement agreement."((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.))+Dorros’ letter also observed Peters’ settlement proposal did not include the other plaintiff in the suit, Axanar Productions Inc. "It would need to be a party to the settlement agreement," he wrote.((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 1, 4/12/19.))
  
-Despite being named a defendant in the suit against Burnett, Axanar Productions Inc. may not have standing to sue in Georgia courts. It remained a California corporation, and is not registered to do business in Georgia.+Despite being named a defendant in the suit against Burnett, Axanar Productions Inc. may not have standing to sue in Georgia courts. It remains a California corporation, and is not registered to do business in Georgia.
  
 ===== Digital Assets ===== ===== Digital Assets =====
  
-Dorros' devoted most of his letter to the digital assets (e.g., visual effects, footage, artwork and more) Peters said he wanted Burnett to return. Dorros identified several problems with Peters' request: +Dorros’ devoted most of his letter to the digital assets (e.g., visual effects, footage, artwork and more) Peters said he wanted Burnett to return. Dorros identified several problems with Peters’ request: <WRAP center 90%> 
-<WRAP center 90%> + 
-  * **Missing screenshots** In his demand, Peters failed to include promised screenshots of three hard drives' contents detailing the assets he claims he //does// have. +  * **Missing screenshots**  In his demand, Peters failed to include promised screenshots of three hard drives’ contents detailing the assets he claims he //does//  have. 
-  * **Already in possession?** Dorros said he has evidence Burnett had discharged any obligation by having delivered all the disputed assets long ago.+  * **Already in possession?**  Dorros said he has evidence Burnett had discharged any obligation by having delivered all the disputed assets long ago.
 </WRAP> </WRAP>
  
 Moreover, Dorros criticized the scope of Peters demand for materials Burnett is to turn over: Moreover, Dorros criticized the scope of Peters demand for materials Burnett is to turn over:
  
->  The definition or scope of alleged digital assets demanded in [the proposed settlement] is extraordinarily overbroad and encompasses far more material than would ever be deemed property or digital assets of Axanar Productions or Mr. Peters. That is not to say we are not willing to try to work with you and Mr. Peters on this issue, but understandably the fact that Mr. Peters wishes to claim some material is Axanar Productions material, assets, or intellectual property does not make it so.((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 2, 4/12/19.))+> The definition or scope of alleged digital assets demanded in [the proposed settlement] is extraordinarily overbroad and encompasses far more material than would ever be deemed property or digital assets of Axanar Productions or Mr. Peters. That is not to say we are not willing to try to work with you and Mr. Peters on this issue, but understandably the fact that Mr. Peters wishes to claim some material is Axanar Productions material, assets, or intellectual property does not make it so.(( Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 2, 4/12/19.))
  
-Dorros asked for a detailed list of items, within seven days, to which Peters believes he's entitled.+Dorros asked for a detailed list of items, within seven days, to which Peters believes he’s entitled.
  
-===== A Prelude Fan =====+[{{ ::torin_dorros.jpg?150|Attorney **Torin Dorros**}}] 
 + 
 +===== About Burnett's Attorney ===== 
 + 
 +Dorros represents clients in privacy and data breach, complex commercial and intellectual property litigation, especially focusing on healthcare, entertainment and media, social media and the Internet, software, and technology industries.(([[https://www.dorroslaw.com/our-professionals/torin-dorros/|Dorros Law website]], Torin Dorros, managing attorney, retrieved 4/16/19.)) 
 + 
 +==== A Prelude Fan ====
  
 Dorros admitted he was a fan of //Prelude to Axanar//, and that he hoped Peters would direct his attention to producing //Axanar//. "Hopefully in the end your client will in fact be able to move forward with things and complete the Axanar project," he said. Dorros admitted he was a fan of //Prelude to Axanar//, and that he hoped Peters would direct his attention to producing //Axanar//. "Hopefully in the end your client will in fact be able to move forward with things and complete the Axanar project," he said.
  
-"Personally I, like many, thought //Prelude// was excellent," Dorros added.  — your client’s time may be better spent focusing on finishing the Axanar project itself rather than defaming and suing people. I truly do hope that the Axanar project will ultimately be completed."((Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 2, 4/12/19.)) {{:axamonitor-ico.gif?nolink|}}+"Personally I, like many, thought //Prelude//  was excellent," Dorros added. "Your client’s time may be better spent focusing on finishing the Axanar project itself rather than defaming and suing people. I truly do hope that the Axanar project will ultimately be completed."(( Letter from Torin Dorros to H. Michael Dever, Re: Alec Peters and Axanar Productions, Inc. v. Robert Meyer Burnett, p. 2, 4/12/19.)) {{:axamonitor-ico.gif?direct&}} 
 + 
 +<WRAP tip 90%> <wrap em>COMMENT & SHARE</wrap>  <wrap lo>Discuss this article in [[face>groups/axamonitor/permalink/615399642308220/|AxaMonitor's Facebook group]] or share on:</wrap>~~socialite~~ </WRAP>
  
-<WRAP tip 90%> 
-<wrap em>COMMENT & SHARE</wrap> \\ 
-<wrap lo>Discuss this article in [[face>groups/axamonitor/permalink/615399642308220/|AxaMonitor's Facebook group]] or share on:</wrap>~~socialite~~ 
-</WRAP> 
 ---- ----
-**Keywords**}{{tag>Peters_v._Burnett Robert_Meyer_Burnett Alec_Peters lawsuit Axanar}}+ 
 +**Keywords**} 
 + 
 +{{tag>Peters_v._Burnett Robert_Meyer_Burnett Alec_Peters lawsuit Axanar}}