What do we have here? From lukeisback.com

Erik Everhard Vs. Red Light District
By LUKE IS BACK


The trial of Erik Everhard against Red Light District starts at the Chatsworth courthouse today. Along with several other ex-RLD producers, including Mike John and Vince Vouyer, Erik has accused David Joseph of RLD of cooking to books to defraud them out of royalties.

Brandon Iron has also made the accusation, but claims he does not have the money to hire a lawyer to fight.

Vince Vouyer allegedly walked out of the Red Light building with a copy of their master QuickBooks file - evidence of everything in black and white. RLD settled with him out of court to avoid that embarrassment. One of the terms of that settlement was that Vince cannot disclose details of the QuickBooks file to anyone else, including the other directors.

Even if Vince agreed to not voluntarily disclose evidence, he can be subpoenaed he will have to disclose the information.

RLD would be ordered to turn over the file in discovery. If they claimed it didn't exist VV could be made to testify it had existed and RLD might be in a very tight spot - judges aren't stupid.

If RLD claims the file was destroyed they would be in very hot water if plaintiffs filed before VV settled (i.e. destruction of evidence). It's not out of the question that the judge might simply tell RLD "you lose" in that case and hand plaintiffs a victory by default.

On the other hand RLD seems a shadow of its former self. What is there of value for plaintiffs to win? How valuable is RLD's catalog now? Much of it is discontinued so it seems it can't be worth that much... Just shutting down a competitor has some value but can it really pay for itself here?

Things are so bad in porn that lawsuits are fast becoming speculatative ways to keep revenue coming in, otherwise, 'verts like Evertard and Mike the John would just be churning out filth like usual instead of taking the time and expense to go after a skeleton that is RLD.

Personally I feel like suing Evertard, given the trauma and sleepless nights and imagery that has flashed before me when in the company of dignified whores, after seeing his infamous Cum Filled Asshole Overload with Keri Sable. If he is being deprived of "royalties" from that fucking flick then I say GOOD! I havent had a Bowl of sherbert since....

"I havent had a Bowl of sherbert since.... "

LOL!!! Priceless!!!

Conky: I spent my money on that copy of ASS DESTROYERS you wanted. You requested the plain brown wrapper, remember? Sorry, but Nacho cannot sign it for you. He said he was weirded out by all the stalker e-mails you've been sending him. E-mailing him the pic of your sphincter-stretching surgery and asking him to sign it to "Conky Culo Grande" was too much, my friend. Learn to leave well enough alone.

I mean, it's evident that you are pretty well off and everything, but you crossed a line by fabricating the Nacho-mobile and telling guys it handled great in tight turns, you had it properly lubed and serviced daily, etc. That's beyond creepy. That's gross.

I won't even comment on the anal wart situation but rest assured that a lawyer has been contacted. You are most cruel, sir, and as soon as my moderator status comes through I will be banning you to 2 weeks detention in your motorized asshole device....windows closed to allow for aromas to stew you. You won't have that supercilious grin on your face then, or will you?

Brendan, how did you know that was Conky? More importantly, how did you come into possession of it, you must have asked for it from Nacho. So you not only are too illiterate to make your points without visual aids, I'm sure you got some new ideas for those nights when you're in the middle of an outbreak and there isn't some dumb cunt like Hailey Fivehead around for you.

Yeah, you remember...you came up to Hailey one night at the Circle Bar and asked her if she wanted to go "shoot a scene" with you, and she answered, "Only if you pay me in cum." That's the kind of female you get into--the ones who are too stupid to ask for money. I hope Hailey was a good fuck, because you got dumped by the best piece of ass that porn valley produced in the last three years because of it.

We all know you have herpes, we all know you need Valtrex, and Viagra, and Ativan, and Haldol. You made up all those phony XPT id's because you are an infected schizophrenic.

You could at least try to be funny...

http://www.avn.com/index.cfm?objectid=EFA9FFDB-C725-D771-76E6716026AD0162

Erik Everhard Awarded $141,000 In Red Light District Lawsuit

CHATSWORTH, Calif. — Former Red Light District contract director Erik Everhard was awarded $141,000 today by a Chatsworth jury in his lawsuit against the studio claiming breach of contract, conversion, claim and delivery, accounting and unfair competition.

Red Light District was represented in the case by Ray Tamaddon and Larry Isenberg, while Everhard was represented by Sean Macias. The case was presided over by Judge John Ferrell in the Chatsworth Courthouse.

Everhard filed suit against RLD in January 2006, asking for over $400,000. Following today’s verdict, both sides told AVN they were satisfied with the outcome of the suit.

"We're very pleased with the outcome," Everhard told AVN. "We feel that we were vindicated, and essentially, we've proved that Erik Everhard Entertainment will go after anyone that tries to defraud us of any royalties or tries to infringe on our copyrights. I feel very righteous today!"

Meanwhile, Red Light's attorney Tamaddon stressed that he was happy with the verdict.

"It was a two-week trial, and the jury rendered a verdict today with which we're very pleased," Tamaddon said. "We feel that Red Light is vindicated, because we had remained silent up to now."

Tamaddon continued, "We had filed our own cross-complaint against Mr. Everhard, because he owed us money. Over the course of the lawsuit, as we collected receivables, the account turned, and ultimately we agreed that we owed him $52,000. So when we went to trial, we acknowledged we owe him $52,000, and we had always agreed that we'd pay him."

Red Light's cross-complaint against Everhard was later dropped. Everhard's attorney Sean Macias remarked, "I thought the jury sent a nice message and a correct message, and that message was we won on all counts. Of course, we would like to have won more, but we were pleased with the message that it sent, and we have a strong belief in our judicial system."

Everhard is not the only former RLD director pursuing legal action against the company. Another suit filed by former Red Light director Mike John is scheduled to go to trial in January.

Red Light District president David Joseph added, "I'm at the point where I've had it with these accusations and these straight-out lies from people that formerly worked for Red Light District. And anybody that wants to come after us and try to use us as a target, that think I'm just going to settle, I'm not settling. I'm going to take them all to trial. I'm not playing games. I've had it."

Does anyone know if Eric was also awarded attorneys fees.

What does Red Light and Extreme Associates have in common?

Jury Awards Erik Everhard $141K in Red Light District Case






CHATSWORTH, Calif. — Steve Javors reports on www.xbiz.com :

Mitchell Hartwell, aka Erik Everhard, and his production company Erik Everhard Entertainment, were awarded $141,000 by a Chatsworth jury yesterday in a lawsuit he filed against Red Light District claiming breach of contract and two counts of conversion.

The amount awarded to Erik Everhard Entertainment was three times what World Wide Red Light District and RLD Distribution claimed it owed him.

The trial lasted two weeks and a number of adult industry members testified including John LaForme, aka Vince Vouyer, and former RLD President and co-founder Dion Giarusso. Sean Macias represented Hartwell and in-house counsel Ray Tamaddon represented RLD.

Erik Everhard Entertainment filed suit in January 2006 asking for $475,000 in monies owed.

“The charges stem from a breach of contract of a video distribution oral agreement that Erik Everhard entered into with World Wide Red Light,” Macias told XBIZ. We also sued for conversion on two counts.”

Both sides engaged in settlement talks prior to trial Tamaddon told XBIZ with Red Light offering Hartwell $100,000 to avoid litigation, a figure he rejected.

“Once the lawsuit was filed, we entered into a court ordered stipulation that World Wide Red Light wasn’t going to sell Everhard’s product," Macias said. "They agreed to maintain it for an audit and said World Wide wouldn’t sell it. So guess what? Another company under the RLD umbrella, RLD Distribution, which we found out about upon discovery, had started selling [the DVDs]. They started remastering some of our movies so we had to go back into court and added RLD Distribution to the suit because we couldn’t trust them.”

The jury found in favor of Erik Everhard Entertainment on all three of its claims.

In a legal maneuver, Red Light filed a cross complaint prior to trial, which claimed that Hartwell owed them $173,000. The complaint was dropped a day before the trial started when Red Light acknowledged that it actually owed Hartwell $52,000.

“At trial we admitted that we owed Erik $52,000 and the jury wound up awarding him $141,000 which we considered excellent results considering they thought they were owed $650,000,” Tamaddon said. “Red Light has been vindicated, especially in light of all the accusations made during the trial and on gossip sites.”

Tamaddon said that when Hartwell initially filed the suit, Hartwell owed Red Light District money because the company had paid for all his production costs and advanced him royalties. Tamaddon claimed that Red Light had yet to be paid for Everhard’s product on numerous outstanding invoices.

During the course of litigation, Red Light started receiving funds from the sale of Everhard’s product so “the needle moved” and the company owed Hartwell money on the open accounts, which are now being paid.

“Initially, when he filed the complaint, Erik Everhard’s account with RLD was still negative because of all the money Red Light has advanced him so we filed a cross complaint because he owed us money,” Tamaddon said. “During the course of the lawsuit we collected on accounts receivable on behalf of Mr. Everhard and his account turned positive. Once we found we owed him money, we dropped the cross complaint.”

As part of the suit, Hartwell gained full control of the 23 titles he produced and owned when at Red Light. Jules Jordan Video has been distributing Erik Everhard Entertainment since October 2006.

“I’m very pleased the jury saw things the way they did,” Macias said. “[RLD’s] shoddy and suspect accounting was exposed. It sends a message to the industry, I think. My client worked, made movies and wanted to be paid for his efforts. That’s all any businessperson wants, to be paid for their work. Justice was served here.”

Hartwell added: “Thankfully the jury realized how egregious the defendant’s behavior was and acted accordingly. We are thrilled with the outcome.”

Im curious to see what Mike John gets after his trial.

I suspect now that Everhard has been successful more directors are going to start questioning their deals. Especially in light of how many of them arent making any money anymore.

Michael

www.adultbizlaw.com

Michael, I don't have any knowledge about the legal system that I didn't learn from Jack McCoy and I don't think this topic has come up yet. Could Erik and Mike have sued RLD together?

No for a class action all the plaintiffs would need to be similarly situated. Meaning same facts same claim.

In this case I'm sure while Erik and Mike's claims are close, they aren't the same.

Michael

www.adultbizlaw.com