A “Jerry Springer”-type situation
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.”