Monday, April 6, 2009

Response to Cease and Desist Letter

Dear Mr. Mirakian:

I have received your "cease and desist letter" in regards to my blog post "Shady Kansas City Promotion Trying to Screw One of Fred Ettish's Fighters", which was published on www.mmajournalist.blogspot.com on March 30th, 2009 (and not on www.fcfighter.com/news as you erroneously claimed).

As a member of the press, I relish the chance to engage Mr. Huddleston and your firm in a battle over First Amendment rights and all pertinent "freedom of the press" issues. Also, please be advised that MMA Journalist is based out of New York State, so any civil suits brought against MMA Journalist elsewhere will be contested jurisdictionally. Do keep in mind that I will zealously defend myself against any and all defamation claims, utilizing such legal defenses as "truth" and "fair comment on a matter of public interest", and of course my personal favorite, New York Times Co. v. Sullivan. And, as a member of the press, I would be remiss if I didn't keep the public abreast of the legal proceedings and the information uncovered on Mr. Huddleston therewith.

It is my understanding that Mr. Huddleston refused to grant Full Contact Fighter an interview. The offer still stands. If Mr. Huddleston would consent to an interview, then I would be more than happy to post his side of the story. Please convey that to your client.

Yours truly,

MMA Journalist

"Cease and Desist"

Mr. Genia,

I have been retained by Mr. Rick Huddleston to represent him in a dispute with Mr. Wayne Francis stemming from the War of the Warriors event at the KC Sports Lodge on March 21, 2009.

Last Monday, I discovered an internet [article] written by you, titled “Shady Kansas City Promotion Trying to Screw One of Fred Ettish’s Fighters.” This article was found on the front page of www.fcfighter.com/news. [Editor's note: goddammit, it was on this blog.]

Currently, Mr. Huddleston and Mr. Francis are disputing various things, including responsibility for payment of the purse. Until such time that this legal matter has been resolved I demand that you cease and desist from making any further disparaging comments about my Client on the present issue. I further request that you remove this article from the internet. If you choose not remove this false information from the internet, my client will consider bringing a defamation suit against you

I would like to conclude by stating that Mr. Huddleston is working hard to resolve this dispute and it is his sincere desire to see that these fighters get paid. I can personally assure you that the legal process will run its course and the fighters will get paid. Until that time, however, please refrain from making any disparaging or false comments about my client with respect to the present issue.

If you have any questions or concerns, please do not hesitate to call or contact me.

Sincerely,

WYRSCH HOBBS & MIRAKIAN, P.C.

By:

CHRISTOPHER MIRAKIAN

MO Bar # 61178

WYRSCH HOBBS & MIRAKIAN, P.C.

1000 Walnut, Suite 1600

Kansas City, MO 64106

Phone: 816-221-0080


Observations From My Couch: WEC 40

  • Goodness gracious, that was an outstanding WEC. All the fights were exciting and all the fighters fought their hearts out. Bravo.
  • Raphael Assuncao was large and in charge against Jameel Massouh, but Massouh must be part Terminator. The dude just kept coming.
  • As a boxer, Shane Roller makes a great wrestler.
  • No way did Joseph Benavidez deserve those 30-27 scores. Jeff Curran was in that one from beginning to end and I saw him winning at least one of those rounds. Props to both men, though. They freakin' brought it.
  • Of course Miguel Torres was impressive, but how about that Takeya Mizugaki for making it competitive, eh? I actually can't wait to see Mizugaki against some of the other WEC bantamweights.