sell his shares,” claiming “there were insufficient funds to satisfy the settlement amount due.” However, court documents claim that both David Magazine and Sawyer had enough money to cover that settlement.
“Thompson … deceived Marshall about the available funds and threatened that David Magazine, Inc., would lose David Magazine if Marshall did not transfer his ownership to Thompson in exchange for paying the settlement amount to the plaintiff in the printer litigation,” court documents state.
Marshall/Neumann then created a stock purchase agreement to transfer 100 percent of the David shares to Thompson for $100, which he claims he never received. He was also only a partial shareholder in David Magazine — leading the plaintiffs to charge that the ownership transfer never happened. They further allege that Thompson misled Sawyer into then selling his 25 percent stake for $2,000.
Sawyer also created a severance agreement for David and Southern Voice, requesting payment of $4,546.32. Thompson paid $757.72, then “opposed Sawyer’s claim for unemployment insurance benefits by falsely stating that Sawyer was terminated for misconduct.”
While all this was happening, Chip O’Kelley, another plaintiff in the Sawyer suit, was David Magazine’s chief operating officer. Thompson, according to court documents, entered into an agreement with him for 25 percent ownership in the magazine, “continuing his role … managing the dayto-day operations of David Magazine, including finances, printing, human resources and all management tasks.”
The lawsuit then alleges that because Thompson only paid for (and therefore owned) the 25 percent formerly belonging to Sawyer, and then transferred that 25 percent to O’Kelley, he no longer owned any part of David Magazine — but “converted … and transferred it to DRT Media.”
DRT Media started publishing David Magazine with some slight rebrands, “without the authority of the shareholders,” the lawsuit claims.
Will the real owner please stand up?
Sawyer, O’Kelley, Rodriguez/Lopez and Marshall/Neumann wanted the court to find that they were the rightful owners of Gaydar, Southern Voice and David, and they wanted to recoup both attorneys’ fees and the money they claimed to be owed, at least in the cases of Sawyer and O’Kelley. They also wanted it to be noted that David Magazine should have never changed hands to DRT Media in the first place.
Thompson denied the claims, saying in a counter claims document that “plaintiffs are not entitled to punitive damages,” and that their “rambling facts are so vague, ambiguous, nonspecific and lacking in detail that Defendant cannot reasonably be required to frame a proper responsive pleading.”
In one paragraph, Thompson also says “O’Kelley currently disseminates information on the Internet to this day that he is COO of David Magazine which is a fabrication.”
Sawyer and O’Kelley were previously owners of Atlanta Pearl Day Committee, which hosted a nonprofit benefit at Six Flags Over Georgia, but allegedly never handed over the donations, according to Project Q. Pearl Day was created in 2007 and administratively resolved in 2011.