SEATTLE - A lawsuit filed Wednesday by Aeroweb and Ian Eisenberg, formerly one of the owners of Porn Kings, seeks more than $200,000 from Falcon Foto and its owners, Jason Tucker and Gail Harris.
The suit, filed in the King County Superior Court, alleges "Falcon Enterprises and Falcon Foto have breached the terms of, and are now in default on, a promissory note they issued to Aeroweb" and Eisenberg as part of the settlement of a previous lawsuit.
The details of the original settlement are confidential, according to Eisenberg's attorney, Derek Newman, but papers filed in the new case indicate Falcon agreed to pay Eisenberg and Aeroweb $650,000 in installments over 330 days, with a payment of $200,000 - the second in a series - due Oct. 27.
If the installment remained unpaid five days after the due date, the agreement obligated Falcon to pay a one-time late fee of 10 percent of the installment. If the payment was late by more than 30 days, the account would accrue interest at an annual percentage rate of 4 percent and attorney's fees pursuant to any collection efforts would be added.
According to the suit, although Falcon made the first note payment of $50,000, no further payments were made.
Tucker and Harris, who are married, guaranteed the note personally and with their marital estate.
Falcon attorney Rob Apgood said Friday that his client had not been served notice of the suit.
"Aeroweb and Ian Eisenberg are not entitled to sue on the contract until March 2008, and then only if the contract is not satisfied at that time," he said. "By making public the details of [the promissory note] agreement, Aeroweb and Eisenberg are in substantial material breach of the terms of the agreement. As such, Falcon is entitled to, and shall seek, significant damages for Aeroweb's and Eisenberg's breach."
Newman, who declined to comment at any length about the suit because his client "doesn't like press," said he disagreed with Apgood and "certainly would never file a lawsuit without merit."
Although the Aeroweb suit and accompanying letters between attorneys for both sides seem to refer to the settlement of Falcon's copyright-infringement suit against Porn Kings earlier this year (Falcon Enterprises Inc. et al v. Noble Developments Inc. et al), Apgood said, "the agreement between Jason Tucker and Gail Harris [and Eisenberg] was not related to the settlement of [the Porn Kings] lawsuit because Ian Eisenberg and Aeroweb were not parties to that lawsuit."
Apgood said that's part of the reason he believes "this lawsuit legally fails to state a claim for which relief can be granted."
