Below is an email from Mike Leffingwell/Axle’s attorney and my response below that.
Dear Mr. Casey:
I am in receipt of your email on behalf of Nashville Bike Week. I will assume it is from Mike Leffingwell/Axle even though he keeps saying there are investors/partners but they don’t appear on any corporate document. My reply is as follows:
I have not said or written anything not already reported by the media, especially WKRN News and social media. By the way, are you sending everyone on social media this cease and desist email and WKRN? What about the Better Business Bureau? With hundreds of locations nationwide, I could only imagine how much money the BBB has. I think it’s a great idea to sue the BBB since they actually issued a warning on this event and anything related to Mike Axle versus my mentioning of a warning. Correct me if I’m wrong, but wouldn’t the BBB be the one facing liability since they issued the warning versus me merely mentioning the issuing of the warning?
By the way, what’s up with that completely absurd statement in his newsletter that the BBB is not a government agency and they will issue favorable ratings if you pay a fee? We both know that to be a falsehood, but if true, he should consider paying that fee. Tell you what, I’ll pay the fee for him and let’s see if he gets a favorable review. And winning every credit card dispute? Want a long list of people that can prove him wrong or do you want me to just blog about it? And that $20 fee? Huh? So many falsehoods in that one paragraph alone of the newsletter which brings up the best legal argument of all-
The truth is always a defense!
But, let me go back to that newsletter before I reply to your cease/desist email. The venue is “locked down?” Was the application submitted on Monday under the Tennessee Mass Gathering Law. If so, why not just state the location since it would be on the application anyway? But here is an even more important question, in his email to you and the Tennessee Department of Health on March 17, 2017, he wrote that he only sold 4,600 tickets? So the law is inapplicable. But I have seen prior posts of him saying he has more than 20,000 tickets sold. On air, he claimed even more. The numbers vary greatly but I guess because he is deducting the refunds? Wait, he said before few people wanted refunds and those requesting refunds aren’t getting any, so now I’m even more confused than when I started. Ahh, just forget it.
In response to your email, I want to start off with Mike Leffingwell/Axle’s Facebook Live rant and yet another falsehood. I do not have a Cease/Desist Order, only an email from you. You sent an email and you are getting a reply as a courtesy. Normally, I wouldn’t waste my time responding to something like this, but I needed to blog about something. In the future, I suggest cease/desist letters be sent via certified letter. It costs a few bucks more, but it guarantees that someone actually received it, unlike an email which could end up in the spam box where it actually belongs. And for those following along- you don’t have to reply to a cease and desist letter, but it is more fun when you do. As to you and your client- don’t waste your time or mine with another email or any other form of communication.
Now, as to my blog, to be very clear on the law, I am afforded the same First Amendment protection as the media and journalists. However, your client is not protected by the First Amendment when he called me numerous times in a radio interview a fucking bitch. My favorite was “El Fonzo” trying to be derogatory, but I am not Italian even though he made a weak/failed attempt at a racist and/or prejudice like statement. I’m actually a U.S. born citizen not to mention, who doesn’t love Fonzi? Heeeeeyyyy! He also mentioned me and my cigars which I find that weird, creepy even that he is looking at me smoke cigars. But if it’s because he wants one, he just has to ask. Give me his address and I’ll be more than happy to deliver it in person. It would be a good way to discuss the event and maybe we all find answers to the riddles wrapped up in the mystery inside the enigma.
Besides my First Amendment protection, I can guarantee you Mike Leffingwell/Axle also does not have First Amendment protection when he said that my client, John Frew whom he said he has a restraining order against, another falsehood, is in trouble for sexual harassment/stalking with some lady in Kentucky. Another falsehood! But, what isn’t a falsehood is when John Frew told others to be careful with his NASCAR scam. Guess who was right? Here’s a hint- Mr. Frew wasn’t the one that did time in federal prison for scamming NASCAR.
Besides the First Amendment issues your client faces, there is also jurisdictional issues. You can explain that to him.
Now, the most important question– does your client really wish to litigate anything, especially against me, another attorney? I understand your client may have retained you to send out this email, but he needs to be advised of the potential pitfalls in his case. Personally, I would have never sent out that email. Regardless, who do you think will be on the losing end of any lawsuit? As a one-time courtesy, I will not only “show you my hand,” more on that later, but let me advise you why there will be no lawsuit, but, there may be one against him.
First, we go through Discovery. I will subpoena every receipt, email, communication, contract, bank account, application and charge receipts for both for business and personal. I will take the deposition of every single person he ever hired, spoke to, even thought of speaking to. I will also immediately schedule his deposition and rather than go through the trouble of renting office space for a couple of hours, I’ll just ask Sheriff’s Office or U.S. Attorney’s Office if I can borrow their space for a couple of hours. If I find anything illegal during Discovery, I will hand that information over to the proper law enforcement authorities. I’m just trying to help your client pay off that $249,000 judgment from his federal conviction with NASCAR. By the way, if what I have read on social media is true about falsifying documents on the credit card charge backs, whoa Nelly! That’s mail fraud and only God knows how many federal banking/financial laws violations. Maybe I’ll purchase a ticket myself to the event just to speed up the whole process.
Is Mike Leffingwell/Axle going to sue only me, or the thousands of people on social media as well? Because I have been contacted by more than enough people that are seeking to file a class action lawsuit against your client. So, if he was to sue me or my client, I would think because of judicial economy we should just combine all those cases into one. By the way, if all the stars in the universe aligned and your client actually has the slightest, most minuscule issue ruled in his favor, I have no problem appealing any and all issues. I’m a trial lawyer, not an appellate lawyer, so it would be fun to file my first appeal and it’s something else I can add to my list of accomplishments. Can your client afford to defend such an action? Does he have the time? The energy? Not to mention he has to appear in court. It won’t cost me anything to represent myself, but he will break the six figure mark and maybe a decade later we can wrap this up. Of course, let’s suppose hypothetically, and this is a hypothetical of epic proportions, that somehow he gets a judgment for five million dollars on each person he is suing, he did say that on air and again, that seems like more than enough money to satisfy the NASCAR judgment and issue refunds, but before I lose track, do you really think your client will ever collect a penny? The most important part of any lawsuit is the ability to collect. For the record- I have eighteen years of experience practicing bankruptcy law. That seems like a lot of time and money to devote to lawsuits and not collect any money. As we both learned in law school, the paper the judgment is written on is worth more than the actual judgment.
Now, continuing with this crazy talk of a lawsuit, what are the damages again? Your client used my group page on Facebook M.S.A.R. to promote his event. As such, my members are out of the money. So Mike Leffingwell/Axel made money off of me and my group, but he is going to sue me? That makes no sense legally or logically. And by the way, why does he keep tagging me in posts? Is he using my name and reputation still to his own financial benefit? I thought he didn’t like me since he called me a fucking bitch/ambulance chaser? Don’t worry, I already blocked him on Facebook but he can use his fake profiles to see what I am up to, but I’ve blocked those too. Does he call you an ambulance chaser? Personally, I don’t tolerate disrespect from clients no matter how much they pay me, or anyone else for that matter. It’s called pride and respect which explains why I will not be bullied by your client legally or otherwise, and I will continue to blog as I see fit. As a matter of fact, every time he mentions my name, I’m going to blog about it. Fact is, whatever issues your client is facing, is of his own making and not that because of a blogger attorney in Miami. You both give me way too much credit, but I do appreciate the vote of confidence and thank you for stroking my ego. I wish I could blame people all day for everything that goes wrong in the world, but that is a luxury I cannot afford, besides, I’m no longer twelve years old. And stop using the excuse that an event of this size takes planning. Per his own words, he said it has been five years in the making. Isn’t that more than enough time? Forget the fact that five years dates that statement to federal prison. Those are just details.
Instead, maybe NBW should hire an attorney to deal with the Department of Health. I’ve seen the emails he has sent. You don’t seem to reply, but that’s probably because you weren’t retained for that. By the way, my next blog will likely be about those emails since he did mention me in his Facebook Live video with that lie about having a cease and desist order against me and I did promise every time he mentioned me it is a guaranteed blog. I’ll post that one on Friday and the newsletter maybe over the weekend if I have the time. Oh, and I’m not going to delete the blogs like you requested. Go tell WKRN to delete their segments and BBB to remove their warnings. Besides, I don’t know how to delete the blogs. If Mike Leffingwell/Axle does, let me know when is a good time to meet up with him. I am always open to learning new things.
Has the application with the state been filed? If so, why hasn’t he revealed the location since it would be listed on the application regardless. Let’s not even focus on the issue that the daughter of the landowner has already made clear on social media there is no event taking place on her family’s land. She sounds like a hater. Also, advise your client to stop wasting his time and that of State of Tennessee with legal questions to the Department of Health as we both know they are not allowed to answer legal questions. And why did he say in those emails that on social media the state can see photos of the construction taking place? The Humphrey County Sheriff’s Department and local residents seem to disagree with that statement. They must be part of that list of haters he keeps talking about.
Finally, because I have been busy, I haven’t blogged much lately, but your email served as a source of inspiration for me, but in addition to, you have now also received my cease and desist “letter.” And, if your client wishes to put all this behind them, he can simply provide me voluntarily all documentation concerning the event. Since everything is so legit, then you have nothing to worry about. But if I get sued, then I’ll just obtain the information through Discovery as previously mentioned.
In closing, fix the link to your website.
Alexander Hernandez (aka El Fonzo)
P.S. If you are thinking of filing suit in order to get your name out there, don’t forget I’m entitled to attorney’s fees. 1.5 hour response to Cease & Desist email x $325 per hour =$487.50.
P.S.S. For a shorter version of my reply, follow this link or click the video below.
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