A “Jerry Springer”-type sit­u­a­tion

GA Voice - - Front Page -

Fenuxe Mag­a­zine came un­der new own­er­ship in Septem­ber, but new lit­i­ga­tion al­leges that the trans­fer was a fraud­u­lent business deal.

“It is Pride Med­i­cal’s con­tention that the trans­fer of as­sets by TW Me­dia was done solely for the pur­pose of avoid­ing sub­ject­ing that as­set to a judg­ment that they knew Pride Med­i­cal was about to get,” at­tor­ney Michael Shane Welsh told Ge­or­gia Voice.

Welsh rep­re­sents Dr. Lee Anis­man, re­tired owner of Pride Med­i­cal, Inc., which sued TW Me­dia and Fenuxe Mag­a­zine over mis­lead­ing ad­ver­tis­ing claims. [Ed­i­tor’s Note: Lee Anis­man is a Ge­or­gia Voice share­holder]

“Pride Med­i­cal, Inc., did get a judg­ment on TW Me­dia and Fenuxe Mag­a­zine for an ad­ver­tis­ing fraud claim that we had pur­sued in DeKalb County Su­pe­rior Court. We are in the process of col­lec­tion ac­tion re­spond­ing to that judg­ment,” Welsh said. “We have also learned that in the 12 months and maybe six months prior to the en­try of the de­fault judg­ment against TW Me­dia and Fenuxe Mag­a­zine, the owner of Fenuxe Mag­a­zine trans­ferred — or pur­ported to trans­fer — own­er­ship of the mag­a­zine to an­other en­tity.”

Ac­cord­ing to the Ge­or­gia Sec­re­tary of State’s of­fice, Fenuxe Mag­a­zine Man­age­ment, LLC was formed on Sept. 14, listing Brian Sawyer as its reg­is­tered agent. TW Me­dia — the com­pany in­volved in the Pride Med­i­cal law­suit — was ad­min­is­tra­tively dis­solved in De­cem­ber 2016, but Fenuxe Mag­a­zine con­tin­ued to be pub­lished un­der its name.

Sawyer is also the reg­is­tered agent of Go­liath Me­dia LLC and Peach ATL Me­dia LLC, the lat­ter of which is a re­brand of David Mag­a­zine that was first owned by Wil­liam Duf­fey-Braun and Mike Flem­ing. Flem­ing, a pre­vi­ous ed­i­tor of Go­liath, David and Peach, also owns Project Q and the newly launched Q Mag­a­zine.

De­cem­ber 8, 2017

“We are also go­ing to be pur­su­ing a judg­ment in­di­vid­u­ally against Tyler Calkins be­cause we be­lieve as the owner of the com­pany he has per­sonal li­a­bil­ity for the judg­ment of the com­pany,” Welsh said. “We’ll be pur­su­ing it in con­junc­tion with who­ever he sold the mag­a­zine to be­cause we don’t re­ally be­lieve that he sold it. That is a sub­ject that’s go­ing to be in lit­i­ga­tion and the par­ties against whom we are go­ing to be pur­su­ing this fraud­u­lent trans­fer case have not been iden­ti­fied of­fi­cially yet.”

Calkins is still listed on the Fenuxe web­site as pub­lisher and ed­i­tor in chief, but on the mast­head of the most re­cent dig­i­tal is­sue, Sawyer is listed as pub­lisher and Mikkel Hylde­brandt as editorial di­rec­tor. Hylde­brandt is also ed­i­tor of Go­liath and editorial di­rec­tor of Peach ATL.

The orig­i­nal law­suit in­cluded coun­ter­claims de­fen­dant Tyler Calkins brought against plain­tiff Lee Anis­man and Pride Med­i­cal. Those coun­ter­claims, Ge­or­gia Voice re­ported in 2014, in­cluded al­leg­ing that Anis­man threat­ened to rape Calkins and ruin his business.

In those coun­ter­claims, Calkins stated he be­came a pa­tient at Pride Med­i­cal as part of re­ward­ing a loyal ad­ver­tiser. He said at one

By DAL­LAS ANNE DUN­CAN

point he, TW Me­dia and Anis­man en­tered into an agree­ment to pur­chase Ge­or­gia Voice, but that deal later fell through.

As for the claims of rape threats, Anis­man filed a mo­tion ac­cus­ing the de­fen­dant of “merely at­tempt­ing to cre­ate a nearly ‘Jerry Springer’-like at­mos­phere to this lit­i­ga­tion, in or­der to em­bar­rass Plain­tiff and its own­ers, and to con­ceal and ob­scure pub­lic at­ten­tion upon the fraud which it and Mr. Calkins ap­par­ently per­pe­trated upon their clients and cus­tomers, in­clud­ing Plain­tiff.”

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