David Kujawski Investigation
On May 20, 2007 a thread was posted on Bullshido titled "Miletich Dirty Laundry" that brought attention to a website called "Pat Miletich: Truth or Consequences". It was dedicated to exposing several alleged fraudulent, unethical, and criminal activities committed by UFC, IFL and MMA Veteran fighter/coach Pat Miletich, his team, and several affiliate clubs within his nationwide Miletich Fighting Systems (MFS) organization. After investigation by the members at Bullshido led to serious doubts about the site's claims, the thread was re-named "Miletich Dirty Laundry, or Internet Rumor BS Artist?"
Among the listed accusations against Pat Miletich and the MFS camp on the "Truth or Consequences" website were unsubstantiated claims of sexual misconduct and extramarital affairs by Pat and members of his team; infighting within the team; staph infection breakout at the Iowa club; racism within the MFS organization; lack of oversight over MFS clubs; and alleged affiliations between Pat Miletich and convicted felons operating MFS clubs.
Right off the bat, most Bullshido members remained skeptical and felt most of the "Truth or Consequences" allegations were tabloid-style stories which had no relation to whether Miletich or his affiliates could train good fighters or offer solid instruction. As it turned out the story developed into much more than what it had initially appeared to be.
The now-defunct website claimed to be authored by a man named "Ramon Vasquez" operating out of Mexico. Attempts to identify Vasquez led nowhere. Most people started questioning Vasquez's claims; wondering how a man in Mexico could know so much about a gym in Iowa as well as its nationwide affiliates. Vasquez's story did not add up. Most posters noted the probability of some kind of vendetta by a yet-unnamed person. That person turned out to be David Kujawski of Minnesota, who for a brief time owned an MFS-affiliated club and had worked for the MFS organization.
Pat Miletich wanted to take MFS nationwide and thought he had found the right man for the job, David Kujawski. Instead he hired an episodically mentally ill pro-se litigator and cyber-defamation artist. Four years later a battle continues in cyberspace that seems as lengthy and heated as a championship grudge match.
- 1 Round One: A Promising Start
- 2 Round 2: Internal Problems Arise
- 3 Round 3: To Hell in a Hand Basket
- 4 Round 4: Let's Go To Court
- 5 Round 5: Don't Believe Everything You Read, Folks.
- 6 Round 6: That's My Trademark!
- 7 Round 7: Another Court Battle
- 8 Round 8: The Court Orders
- 9 Wrap-Up: An End in Sight?
- 10 Acknowledgments
- 11 End Notes
Round One: A Promising Start
For a failed business relationship that ended catastrophically, it all began so promisingly. On Monday, May 23, 2005 David Kujawski followed up a conversation with Pat Miletich by e-mailing him a proposal to create a nationwide network of Pat Miletich Affiliate Schools 1a.
At the time Miletich knew little about David Kujawski other than that, "his emails looked well thought out and professional and his email address was [email protected] so I thought he was legit." Kujawski had contacted Miletich and represented himself as having set up Cesar Gracie's affiliate program. Kujawski did, in fact, have a brief relationship with Gracie in an attempt to begin a Cesar Gracie affiliate school in Minnesota. 2 What Kujawski did not mention, and Miletich did not know, that in July, 2004 Kujawski had sued Cesar Gracie alleging conversion (theft) and breach of contract, and had later won a default judgment against Cesar Gracie in October of 2004 with a second default judgment being awarded in December of 2004. 3 At the time, had Miletich run a simple background check he would have known Kujawski had already sued Cesar Gracie twice.
Miletich also did not know that since 1998 Kujawski had filed at least 45 lawsuits in various Minnesota courts, with some of these being multiple suits filed against the same defendants. He did not know about the Federal Lawsuit Kujawski had filed against U.S. Filter Wastewater Group, Inc. in which he sought to have a previous agreement to settle litigation with this employer invalidated on the grounds that he, Kujawski, was not mentally competent to execute a legal release.
In 2001 a District Court had found that while David Kujawski's release settling this earlier suit was valid, Kujawski had claimed that in 1999 he had "experienced a resurgence of long-term mental health problems" and that "Kujawski represented that he has a history of struggling with numerous psychiatric disorders such as bi-polar disorder, depression, anxiety disorder, panic attack, and attention deficit/hyperactivity disorder." Furthermore, Kujawski contended "that, from April 1999 through October 1999, he was unable to conduct his day to day affairs, relying on his mother and mental health care providers." At various times that summer Kujawski was taking Prozac, Wellbutrin, Depakote, Klonopin, Zyprexa (an anti-psychotic drug), and Buspar (an anti-anxiety medication). He had returned to reside with his mother in Minnesota, and she would state in an affidavit that in 1999 she had "maintained control over her son's affairs such as the handling of personal correspondence and money management." 4
While Kujawski appeared to be more functional after 2005, Miletich did not realize how erratic Kujawski would become. When later asked why he had not at least called Cesar Gracie to ask about his experiences with Kujawski before hiring him, Miletich replied, "I guess I was a bit naive to say the least." Miletich later went on to state, "Kujawski sent me very professional looking business plan to do an affiliate network while using the e-mail address [email protected], which he still uses. I assumed he was legit because of the email address. Little did I know he was filing a suit against Gracie during that time. He started threatening lawsuits against people while he was working on my affiliate program and I cut him free for it. He was using [email protected] to lure other people in MMA." 5
Back in May, 2005, Kujawski lucidly laid out a business plan via e-mail that impressed Miletich. After discussing various publicity methods, Kujawski moved on to discussing how Miletich would visit various cities, do seminars, and use these as a method for recruiting new affiliates. He stressed the need to avoid the pitfalls of over-extension, including bringing affiliates aboard without being able to service them.
Kujawski then went on to propose the nature of his compensation. He would receive 50% of the commission for the initial sign-up and instructor certification fees paid by each new affiliate, as well as travel costs. 1a Later, on March 16, 2006 Kujawski would once again write Miletich to memorialize a modification of their prior agreement. Kujawski proposed that when new instructors paid $650 for their initial instructor training, he would receive $325 of this fee. However "I would not be entitled to get additional commissions on multiple scenarios from the same affiliate school." 1b In an affidavit sworn on July 15, 2008, Miletich provided slightly different numbers, indicating that eventually the initial week of certification training cost $699. 6
Through the summer of 2006, it appeared to the public that all was well with the MFS affiliate system. For example in a June 15, 2006 interview Miletich told Steven Curtis of Sherdog.com that David Kujawski was his VP of New Business Development and that they had 21 new affiliates in six months 7. At the time Kujawski was described as "a very knowledgeable marketing guy… He's been helping a lot with the support on the business side for the people who get involved in our affiliate program."
Round 2: Internal Problems Arise
There was a flaw within the Kujawski designed MFS affiliate system that would have probably created problems even if Kujawski's later negative behaviors had never emerged. Kujawski was paid for the initial sign up of the affiliates and he was also eventually paid a fee for the first week of training that each new school instructor was required to undergo. Kujawski was therefore being paid as a "contracted vendor" as Miletich would later say in his first affidavit 1c.
One problem was that as VP of New Business Development, Kujawski was getting paid to maximize recruitments, and not getting paid to administrate or coordinate the development of the new affiliates. At the same time, he was still apparently expected to have some role with the new affiliates even after the instructors had attended their first training. Despite his own warning to Miletich that he had to make sure not to sign up affiliates beyond his ability to manage, Kujawski apparently did just that in order to maximize his income stream.
On June 16, 2007, Angelo Florian, formerly of MFS San Antonio, commented on Bullshido that Miletich had told Kujawski to stop signing up affiliates as there were too many to properly oversee 8. Feeling that club owners had been misled by Kujawski, according to Florian, Miletich offered to keep the new clubs on board and did not release them from MFS. Later, the "Truth or Consequences" website would turn this around and accuse Miletich of offering poor oversight over the MFS affiliates. Business structural problems aside, Kujawski apparently did not perform his administrative duties, and ended up leaving chaos in his wake.
One of the first indications that there was a problem within the MFS affiliate system came with the resignation of Jeff Ford. Ford, who was a kick boxer, had originally been recruited with the idea that he would teach at Kujawski's school in Minnesota. Kujawski had told Ford that he had a 10,000 square foot school with 200 students. When Ford visited Minnesota, he found that Kujawski was actually teaching five students out of a garage. Some local MMA fighters like Shawn Sherk had nothing good to say about Kujawski. Back in Iowa that summer, Ford witnessed open conversations about Kujawski's shortcomings by others at Miletich's gym. By then it was common knowledge in Bettendorf that Kujawski had previously sued Cesar Gracie.
Then there was the time Ford fought a MMA bout and Kujawski told him beforehand that Miletich wanted him to grapple because he wanted to see how good Ford was on the ground. Ford apparently said "I'm a kick boxer", but followed what he thought were Pat's directions and nearly got submitted. When Ford later talked to Miletich, Pat told him that he should have just knocked the guy out. Ford discovered that Miletich had no idea that he had been told to take the fight to the ground. Kujawski had falsely used Miletich's name to provide fight directions.
Ford was deeply unhappy with Kujawski who was then helping to run the MFS affiliate program. According to Ford he complained to Miletich about Kujawski, but Pat supported his V.P. of New Business Development. By August, 2006, Ford decided to leave MFS and demanded his money back. Miletich refused to provide a refund (a portion of which would have already been paid to Kujawski). Ford and Miletich then had a tremendous blow out by e-mail. Kujawski would later imply on his "Truth or Consequences" website that race was the reason for Ford's "termination". Kujawski carefully neglected to mention that the real reason for the Ford's resignation was that Pat had supported him in his arguments with Ford, and that as a direct result the relationship between Ford and Miletich collapsed.
Bullshido obtained a September 1, 2007 letter from Angelo Florian. Florian, a law enforcement officer from Texas describes himself as being the "first affiliate in the MFS System". According to Florian, in the summer of 2006, he started receiving phone calls from potential affiliates who had attempted to reach Kujawski, but had not received a response for days or weeks. In July, 2006, Florian asked Pat about Kujawski's proposal to start using four regional managers and having he, Florian, run the Southwest region. Miletich knew nothing of Kujawski's proposal and advised Florian "to contact him for anything of importance because there was a problem with Dave doing stuff like this." Pat complained to Florian that Kujawski would set up seminars for three days (not the agreed upon two days) without telling him first. Florian later claimed that communication problems grew worse over the next several months with further phone calls going unreturned and that "Schedules would be set for training in Iowa and then have to be cancelled, with no communication from Dave."
Other MFS owners were having similar experiences. According to Chris Herzog, Owner of Empire Academy in Rochester, New York (one of the early MFS affiliates), "We were one of the first MFS affiliate clubs, joining the organization in April, 2006. After contacting Pat about joining MFS, I was initially hooked up with Kujawski as the person who was coordinating affiliates. Right off the bat I had a bad impression. As a long time social worker and human services worker, Kujawski's manner concerned me. I chose to always deal with Pat directly, which was never a problem. Kujawski was making offers Pat had no awareness of including free seminars from MFS fighters and the opportunity to corner Pat at the IFL. I spoke to Pat about the offers Kujawski was making and Pat said similar complaints were being made by other MFS members and he was also concerned." 9
Furthermore, according to Florian, "Just prior to the class in Iowa, Dave had called and told me that I had been appointed as the first regional manager. I was eager to start working and help expand the program… I was shocked when we walked into the gym that first day and Dave was making an announcement that Cesar Barraza from the Florida school was the first regional manager. I was suddenly going through an interview for the position I was already told was mine. Fortunately I was given the position."
Interestingly, when Kujawski later attacked Pat Miletich on the Bullshido investigation thread (via an e-mail to a Bullshido member), one of the grounds he used was that Miletich had recruited an instructor (Barraza) who had a felony conviction for previously selling cocaine and Florian, who abused his authority as a Law Enforcement Officer 10. In late September or early October of 2006, Pat's affiliation with both coaches did not apparently bother Kujawski at all.
Barraza logged on to Bullshido to defend himself (as had Florian) against Kujawski's cocaine conviction allegation 11. Barraza says that Pat knew of his prior conviction from the very beginning of their relationship. Additionally, the conviction was for marijuana charges, not cocaine as Kujawski claimed. The jail time was significantly less than Kujawski alleged as well. It would be hard for Kujawski to argue that he opposed Barraza's recruitment, when he shortly thereafter attempted to promote him to regional manager.
Florian then describes in great detail his attempt to recruit David Martucci of New York to become a new affiliate. Kujawski complained about the recruitment, and Florian went to Miletich who approved the recruitment. Kujawski told Florian that the recruitment was not going to be approved and that he should follow directions. Pat then had to reconfirm this recruitment. Why Kujawski initially opposed Martucci's affiliation with MFS is a mystery, especially since during his phone conversation with a Bullshido member, he stated that MFS New York (Martucci's club) was one of the best examples of an affiliate school. According to Martucci, "I have always dealt directly with Pat. Kujawski was not involved in our affiliating with MFS. But, I had some interaction with him and found him to be of questionable character. I always kept my dealings with Pat himself. I have been with MFS since November, 2006. Kujawski's claims are BS."12
After the Iowa seminar, Florian then went back to Texas and was out of the political loop until January of 2007 when he came back to Iowa to work with Kujawski, who he claims only made himself available for three of the five days they were supposed to be working on recruiting new affiliates. That was the last time Florian was to work with Kujawski since he was not present in Iowa in when Miletich terminated Kujawski in February, 2007.
Round 3: To Hell in a Hand Basket
While Kujawski claimed in a phone conversation with a Bullshido member 13 that he resigned from MFS, it turns out he was actually fired sometime between February 4 and 13, 2007. According to Miletich's affidavit sworn on April 29, 2008:
"Over time, Kujawski's behavior became erratic and belligerent. He failed to show up to training seminars. He was hostile towards and unable to work with many MFS affiliate instructors, MFS fighters and MFS employees. He threatened to sue a promoter, Jamison Klair, using MFS" name over a minor disagreement. Kujawski e-mailed him a complaint, listing MFS as the plaintiff. I warned him never to attempt to sue someone in my company's name ever again and told him in no unclear terms that he had no right ever to use my name or my business" name in any way without my permission, especially in legal documents. In early 2007, I discovered that Kujawski had pretended to be an owner of MFS at an Iowa Starbucks in order to make a deal under which he would get free coffee. When the Starbucks manager nixed the idea, Kujawski — again — threatened to sue Starbucks. The entire ordeal was too embarrassing to tolerate. Having tired of his behavior, I terminated Kujawski in February 2007, both as an independent contractor and as an affiliate of MFS."14
Kujawski's response to Miletich's statement survives in an e-mail he sent to Pat on February 3, 2007. 15 Kujawski's comments are reproduced at length here because he only filed one affidavit himself during the impending lawsuit. This correspondence remains the only version of events in Kujawski's own words; from the time before he began to attempt to destroy Pat Miletich's reputation.
Kujawski told Miletich that no suit against Starbucks existed, and then moved into a defense of his use of lawsuits. He labeled such actions as consumer advocacy targeted at "Korporate Amerika" and that his "only lawsuit in the martial arts industry that I can recall was Cesar Gracie." Kujawski then moved to the issue of dishonesty stating, "I hope your implying that I get carried away once in a while in the enthusiasm of the sale, and can get into an exaggerated mode. I think this has quite a different connotation from dishonesty. I have never cheated anyone or stolen from anyone."
Kujawski continued, "On the subject of coffee, I did not get into it with Starbucks because they refused me a discount. I got into it because they made an agreement with me in September, such that I would buy approximately $15 of coffee drinks on almost a daily basis. That agreement went very well until a new store manager came in and refused to honor the agreement. The original agreement was approved by their corporate office."
He later stated, "I do believe that I suffer from anger management issues. This may be related to the lawsuits. I"ve been told that lawsuits would be a better avenue to vent this as opposed to other options. Perhaps anger management treatment is needed, as I do notice that when I get really upset at someone, my thinking processes do become skewed. Regarding the statement that I said I was an owner of MFS: Think about the logic of this. I'm talking to Sylvia's very good friend at Starbucks. Over the numerous times we have talked, it is obvious that she talks to Tim routinely. Knowing that, and knowing that she undoubtedly will mention that she met me to Tim, I would have to be absurdly ignorant to say something like that."
On February 13, 2007 Miletich sent a terse two line e-mail to Kujawski stating, "Dave, Just letting you know you can come pick up your checks at the gym, I don't have time for the childish games anymore. Just let me know when you"ll be here so I can give them to you."16 The checks were never picked up, and Miletich eventually withdrew them from the gym. They were later to form part of the basis for Kujawski's subsequent suits.
Round 4: Let's Go To Court
On March 3, 2007 David Kujawski fired the first shot in a legal battle that was to take well over a year, and cost Pat Miletich tens of thousands of dollars. Kujawski sued Miletich Fighting Systems, Inc. as Rabid Dog Productions, Inc., a corporation of which he was President. The suit was filed in a State of Minnesota Conciliation Court for $3,975 claiming that Miletich had defaulted on payment and had "violated state labor laws with respect to timeliness of payment for contracted labor."1d A Conciliation Court is Minnesota is roughly equivalent to small claims court in other states.
The ending of this suit proved strangely anti-climatic. On May 7, 2005 counsel from both sides appeared in court where Kujawski filed additional material. "On May 16, 2007 the Court issued a Notice of Continued Hearing, instructing the parties to appear on May 25, 2007" but, Kujawski "did not appear pursuant to the notice of continued hearing" on May 25, so "Judgment was granted to [Miletich] by default." Kujawski's action was dismissed for a "lack of jurisdiction and improper venue" and granted with prejudice. This meant that Kujawski could not re-open this judgment. Judge Richard Spicer was so unimpressed with Kujawski's case and non-appearance that he ordered him to pay the defendant $2,000 in attorney fees. 1e At this point, the outside observer might have concluded that this case was over but, the litigation was just truly beginning.
Round 5: Don't Believe Everything You Read, Folks.
By March 5, 2007, Pat Miletich received a copy of one of the first of many e-mails which Kujawski was to write attacking his reputation. Forwarded by Steven Curtis, to Miletich for his information, this e-mail was sent from [email protected] (an e-mail address not under the control of Miletich) and made a number of assertions later amplified by Kujawski across a number of different websites. The e-mail claimed, "This [Iowa MFS] team at this point has about as much cohesion as wrestlers in the WWE… Add to this 4 recent major scandals, 3 of which turned teammates into fierce enemies, and then add to that the team examples recently set by the figurehead himself, and you can start to extrapolate an answer to the subject qualifications."
Kujawski further stated, "I am the former Vice-President of Business Development for Team Miletich. I would welcome the opportunity to address these questions via an interview. I must warn you that the subject matter of these scandals is not for the squeamish, but undoubtedly would attract serious numbers of readers. In addition, I would be happy to address my departure. I was personally responsible for completely building the entire MFS Certified Affiliate School network singlehandedly, close to 60 locations in less than one year, and in addition built the Miletich MKS Fight Company. I do believe the information I would present as to why the MFS schools are now failing would be of tremendous interest to hundreds of martial arts schools, especially these looking for certification or affiliations." 17 While Kujawski never logged on to Bullshido to speak for himself, he also sent a similar e-mail to a Bullshido member.
In April, Kujawski stepped up his attack sending an e-mail from [email protected] to all remaining affiliate schools. This e-mail was designed to intimidate, advising the reader that violations of United States copyright laws would be punished with statutory damages, attorneys" fees and criminal penalties, "This will be our only amicable request to you asking that you respect our copyrighted materials… we have retained the law firm of Briggs & Morgan to handle our Copyright Infringement lawsuit in Federal Court. At present the Defendants in that case are as follows: Miletich fighting systems, Inc., an Iowa Corporation, Patrick Miletich, Lyne-Bergeron Miletich, Jon-Michael Graham, and Angelo Florian. After a successful verdict on the civil matter, it is our intention to prosecute this matter as a criminal matter." 18
For a reader unaware that a U.S. Attorney, not a civil plaintiff, decides who would be criminally prosecuted for copyright violations, this sounds like a very imposing threat. Kujawski also was apparently lying concerning his hiring of Briggs & Morgan, as this firm never filed any copyright infringement claim for him and according to the case files we have examined, never sent a single letter on his behalf. 19
Kujawski continued, "What are we asking? We are looking for you to immediately Cease & Desist in the publication, in any capacity, of our copyrighted materials. In the next 45 days, our attorneys will be auditing every MFS Affiliate school within the scope of normal discovery procedures for the pending lawsuit. If your school is violating our copyrights at that time, our attorneys will employ the appropriate remedy." 18 In actuality, discovery begins after a Federal lawsuit is filed and it would not take place within the 45 days. But, Kujawski was not going to let facts get in the way of a threat he could make. No school would want to have Kujawski's supposed team of lawyers auditing their business records.
On March 16, 2007 Kujawski also put up the "Truth or Consequences" website, which Judge Kathryn D. Messerich would later rule that he had created. 20 To surf this website is to sample multiple lurid claims about Pat Miletich, his fighters, and MFS. The majority were false, a few were exaggerated, and those which had some basis in fact, such as MFS difficulties with quality control in terms of managing their affiliates and their ability to teach MMA, neglected to mention that David Kujawski shared, at the very least, responsibility for these very problems. Since Miletich would later be awarded damages for these claims made by Kujawski, let's give a few examples of each sort of claim and then move on.
Under the alias Ramon Vasquez, Kujawski made some of the following claims on the "Truth or Consequences" website: That Miletich engaged in a long-term extramarital affair with a stripper named Joy Williams; That Miletich's gym had recently experienced a "bad outbreak" of staph infection, which had caused the facility to be closed; That various Miletich fighters were sleeping with other fighters" wives and fiancees; Implied that a Miletich instructor (Angelo Florian) was pimping his girlfriend; That Miletich is a racist and brought on at least one racist to teach in his affiliate program; and that various Miletich instructors were involved in narcotics trafficking (Cesar Barraza and Les Dickens).
In his July 15, 2008 affidavit, Pat Miletich denied that he ever had an affair with a woman named Joy Williams. 6 He swore the claim that "the Bettendorf gym closed due to an outbreak of staph" was false and "never happened." 6 Miletich's assertion is additionally supported by the Scott County Iowa Health Department. 21 Miletich then discussed the claim that Matt Hughes was "caught in the act in bed" with the wife of Ben Uker, a MFS fighter: "This is false, especially considering that Uker is not, and has never been married; he continues to train at MFS." 6 Scott Ward, whom was described by Kujawski as a MFS fighter whose wife had supposedly slept with Hughes, was never an MFS Fighter, and this claim of adultery was also false. 6
Angelo Florian, who had run the San Antonio MFS affiliate, is a detective with the San Antonio police. When members of Bullshido looked at the now defunct modeling profile of his ex-girlfriend, which Kujawski offered up as evidence of Florian's pimping activities, they did not see anything which would lead them to believe that she was a sex worker. Kujawski also claimed that Florian had "a long history of misusing his police officer status to access proprietary law enforcement databases to access information for his own personal use." When this accusation was leveled at Florian on Bullshido he replied: "It's a felony to use NCIC without an active investigation...please anyone out there investigate me for official oppression and any other misconduct ... you have to log down who you run a check on so call whoever wherever and see if I ever ran an NCIC check… " 22
It stands to reason based on Kujawski's past behaviors, if he actually possessed evidence proving that Florian had indeed made an unauthorized check on anyone using the NCIC system, Kujawski would have happily turned Florian in.
The allegations of racism that Kujawski leveled at Miletich are inconsistent with statements made by former MFS affiliate Chris Herzog. According to Herzog, "Regarding the current e-mail campaign by Kujawski claiming that Pat and the crew in Iowa are racist, I can only laugh. I have been to Iowa three times to train and there have always been fighters there of diverse backgrounds. I have personally seen LC Davis, Sherman Pedergarst, and Drew McFedries training there. None of the claims made against Pat or MFS have ever been credible in my mind." 9
Kujawski's Claim that Miletich was racist stemmed from two incidents that were taken out of context. In August of 2006, during their blow out, Miletich and Jeff Ford (an African American) had exchanged a series of furious e-mails when Ford was attempting to get his MFS fees returned to him. What followed was a series of e-mails which became more and more heated and "politically incorrect" on the part of both men. Ford told Miletich that "even with tangible and verified evidence, a white man/woman, can still be justified in their illegal/immoral actions — by another white man," referring to Pat's support of Kujawski. After some additional exchanges in which Pat protested his position had nothing to do with race, Miletich replied "O.K. Al Sharpton, It's a Black vs. White thing now?" After Ford claimed racism for personal gain on Miletich's part, Pat signed off as "Pat (the white devil) Miletich."
Kujawski would later post Miletich's "White Devil" comment on his "Truth and Consequences" website to imply Miletich was a racist. In an April, 2009 interview with Jeff Ford, he did not describe Miletich as racist; indicated that he had never seen Pat make similar comments as were in their e-mail exchanges; and had never witnessed Pat acting racist in any manner. Ford also mentioned that Pat had later apologized for disbelieving him about Kujawski. "It's in the past," Ford said. 23
In late September, David Kujawski found that MFS affiliate Trey Wyatt was proposing to use the contact information "Trey Wyatt's White Devil Fight Sports" for his affiliate club's name. In an April, 2009 interview Wyatt said he had come up with the name because people tended to mispronounce his name as "White." According to Wyatt, Miletich himself called him within hours of receiving Kujawski's e-mail and told him not to use the term "White Devil."24 If Kujawski wants to use this example to claim that Miletich recruited racist instructors (Wyatt denies he's a racist) he can't logically turn around and claim Pat was a racist based on Pat's response to this incident.
Finally Kujawski alleged that various MFS instructors were involved in narcotics trafficking. Members of Bullshido spent much time investigating this allegation and found that this was an exaggeration based on the criminal past of two instructors recruited into the affiliate program. Typically, Kujawski did not get his facts straight, and neglected to mention that he had no problem with the recruitment of the people in question.
Kujawski had originally claimed on his "Truth or Consequences" website that several MFS club owners were convicted felons, active organized crime members, or criminals. "Truth or Consequences" listed six MFS schools. San Antonio, Texas; Elisabeth City, North Carolina; Kansas City, Missouri; Charlotte, North Carolina; Vernon, British Columbia, Canada; and Melbourne, Florida. The accusations included various drug related crimes, abuse of power by law enforcement, and involvement with organized crime.
After looking into these claims, Bullshido posters and the authors of this article could only find limited evidence supporting the allegations in regards to Vernon, British Columbia (Les Dickens) and Melbourne, Florida (Cesar Barraza). Our research did confirm that Barraza, who formally ran the Melbourne MFS affiliate, had previously served seven years in a Florida prison on a marijuana related charge. However on "Truth and Consequences" the following text appeared: "Melbourne, Florida: School owner and MFS Regional Manager, Cesar Barraza, spent somewhere in the neighborhood of 15 years in jail in Florida, being convicted in one of the largest cocaine smuggling operations in state history." Kujawski had the charge and sentence completely wrong. Evidently Kujawski confused Barraza with (or purposefully used?) an identically named man who had been sentenced to serve 15 years in a California federal prison in 1994.
Eventually Barraza appeared on Bullshido himself and admitted that he had been convicted of a drug related felony. He also brought some students who wrote positive testimonials about their training experiences with him. Barraza also said, "When coming together with Pat, I was upfront and told him the truth. Pat could have turned his back on me right there, but he didn't. Instead he thanked me for my sincerity, asked me several pointed questions. And asked me about my martial arts training … I was truthful with Pat, I was truthful with [Kujawski], and I am being truthful now."25
Based on Angelo Florian's letter we know that in 2006, Kujawski had attempted to promote Barraza to become a regional director because he had announced this intended promotion at Pat's gym in Bettendorf. At the time Kujawski did not care about Barraza's criminal record, but he would later exaggerate it, in order to attack Miletich on his "Truth and Consequences" site.
Similarly, on the same "Truth and Consequences" site, Kujawski wrote that "Vernon, British Columbia, Canada school owner Les Dickens spent several years in jail for a marijuana distribution conviction." Bullshido members were able to find several articles on Mr. Dickens, and one, from the December, 2004 MMA ring report confirms that Dickens had briefly served jail time in Atlanta (a few months). While the article does not specify the charge, it does note that it was not for a violent crime or drug related charge. 26 Once again Kujawski took a real event (that Dickens had once briefly served time) and exaggerated it.
Regarding Kujawski's allegation of poor oversight in the MFS affiliate system, as noted before, Kujawski himself also claimed responsibility for recruiting the very clubs he was now attacking; even though, according to Florian, Miletich had told Kujawski to stop recruiting new affiliates. Furthermore, Kujawski claimed that many of these clubs were not capable of offering MMA instruction. Despite the fact that Kujawski himself was responsible for recruiting the very affiliates he was now claiming incapable of offering MMA training, it was evident from the beginning that professional level MMA training was not the sole goal of the MFS affiliate system.
In the Sherdog.com interview with Miletich noted above 7, Pat indicated he was looking for new affiliates to have a pre-existing school, and that "I can't just take a guy who's done just tae kwon do his who life or somebody who doesn't have any experience in martial arts and just let them open up an affiliate school. It has to be somebody who's been in business quite awhile and has some knowledge of grappling and striking and is decent to begin with." The students however were envisioned to be not only fighters, but also "a housewife or a businessman that wants to get in great shape like a fighter but not get beat up." From the beginning, Miletich did not expect his affiliate schools to keep their doors open by just training fighters, and instead also hoped to capitalize on those interested in fitness.
In another interview on "Inside Martial Arts" 27, Miletich describes what he was looking for in terms of the MFS affiliate System's ability to train fighters. People who showed promise would be encouraged to go to Iowa for higher level training and not necessarily be expected to get higher level training at the affiliate location. Different types club would have different standards to live up to. Of course some affiliates would be able to offer higher level training, but it was not required of all clubs.
In the interview Miletich states, that the main things he looks for when acquiring a new affiliate is the ability for MFS to help the new club grow and his ability to raise "the level of martial arts across the country" and to be able to help change "the public's perception of what true martial arts is… we are looking at things from a reality setting and functional fitness." In relation to standards for different MFS clubs Miletich further explained,"… here in New York [the interview was conducted at MFS New York] we are going to hold the bar a little higher for qualifications than we would, say, somewhere in the mid west with a town of 5,000 people because there is no competition obviously."
Round 6: That's My Trademark!
On April 19, 2007 Kujawski filed for a trademark for the name "Miletich Fighting Systems" taking advantage of Pat's previous failure to register the mark. 28 One of Miletich's attorneys, Jay Hamilton, objected to the awarding of this trademark. On August 13, 2007 Kujawski wrote an e-mail to the examining attorney at the United States Patent and Trademark Office. In this e-mail, which was later reproduced as an attachment to an affidavit by one of Miletich's attorneys, Kujawski revealed he was acting without a lawyer and that he wanted to contest the Examiner's decision that the trademark would create a "false connection". As evidence Kujawski provided proof that he was the owner of "Pat Miletich Fighting Systems of Minnesota" and other certificates such as his MFS school certificate signed by Miletich. Kujawski however, neglected to mention that Miletich had dropped his school from the affiliate system.
Kujawski then stated he owned a registered copyright for "Miletich Achievement Certificates", the certified school location database and all school location operating websites. Kujawski then stated, "Pat Miletich has no registered or active trademarks."28 In response Jay Hamilton would spend at least five months filing applications to protect Miletich trademarks that had not been previously registered. Had Miletich previously registered his trademarks and Kujawski's original contract specifically indicated that Kujawski could not claim ownership of such property, Miletich could have saved himself thousands of dollars in future legal fees.
With regard to the MFS school database, during a June 15, 2007 phone conversation with a Bullshido member, Kujawski asserted that he had quit the MFS organization and refused to return his MFS member database to Miletich as it was his own intellectual property. Then, in the same conversation, seeming to contradict his own comments, he claimed that when Miletich demanded the database of affiliates be returned, Kujawski claimed he did not have all the information to give him. 29
While fighting the trademark battle, Miletich's attorneys also had to write letters demanding that various internet service providers take down Kujawski controlled websites defaming Miletich and using materials such as Miletich's name. The first letter of this nature was written on April 10, 2007 by Miletich's Iowa attorney Ronald May. 28 This was followed by a letter to Kujawski's Minnesota Attorney, Trevor Oliver, on July 11, 2007 by Heidi Weinzetl (Miletich's first Minnesota Attorney). Weinzetl made a number of requests including that Kujawski stop claiming he was affiliated with MFS, stop using Miletich's name and image, and to consider this a formal cease and desist letter. 28 The authors do not have a copy of Oliver's reply to this demand.
According to correspondence generated by Oliver, (who would later withdraw)30 the two Attorneys had been trying to "de-escalate" the conflict in early July, 2007 and focus on legal issues. 28 On July 2, 2007, Kujawski's attorney was demanding the following from Miletich, "David's earned compensation (about $2,600), a division of stakes in the affiliate program (hopefully a one-time payment), and then Dave getting out of Miletich's business via releases and use agreements." 28 Since Miletich had already won his court battle by default concerning the issue of Kujawski's back wages, and did not believe that Kujawski owned any part of his affiliate system, he was unwilling to agree to such a deal. The result was that Miletich filed suit against Kujawski in Minnesota on August 10, 2007.
Round 7: Another Court Battle
Miletich sued David Kujawski and Rabid Dog Productions, Inc. for Defamation Per Se, Abuse of Process, and Conversion (theft). Miletich was alleging theft because Kujawski had created and maintained websites for MFS and had refused to turn over internet codes or passwords, denied access to his own websites, and removed the list of contact information from the MFS website without authorization. 31
In response, Kujawski filed a counterclaim which included a demand for supervised dissolution of partnership; a demand for accounting; a count for conversion; unpaid compensation; defamation; and various claims of tortious interference with contract/prospective business relationship. Central to Kujawski's claims of conversion was the assertion that he was a partner in Miletich's affiliate system and not a contracted vendor. This was based on his interpretation of the e-mails exchanged between him and Miletich on May 23, and July 18, 2005. 1f If Kujawski was a partner, then he was entitled to a portion of the profits when the partnership was dissolved. If he was not a partner, his attorney asserted that he retained an ownership interest in "unique designs and logos for the partnership's business, in order to standardize the merchandise being sold by the new affiliates." 32
Under current Minnesota law a "partnership means an association of two or more persons to carry on as co-owners of a business for profit." 33 A partnership agreement can be "oral, or implied", 34 and "is a contract between two or more parties to combine their capital, labor, and skill, or some or all of them, in a business in which they are to have a community of interest, as principals, for the purpose of joint profits. The sharing of profits is not a conclusive test of partnership and, as between themselves, the question of partnership is one of intention on their part." 35,36
In the original agreement between Miletich and Kujawski, 1a Kujawski was only entitled to a commission for initially signing up an affiliate and then another commission from the fee that an affiliate instructor paid for the first week of training. After these fees, Kujawski had no further claim upon the income stream. Under such limited circumstances it is hard to argue that he had any claim on the joint profits of Miletich's new affiliate system.
Then we consider the issue of whether the parties ever decided to form a partnership. In this instance both Miletich and Kujawski had made statements that harmed their legal interests. Kujawski attached to his counterclaim an e-mail between himself and Miletich in which Kujawski wrote, "Hi Pat: I really appreciate you standing behind me on the recent issues… Your support makes a real statement about team spirit to me or any MFS employees." To which Miletich responded on January 11, 2006, "No problem. Except for one thing. You're not my employee, you're my partner." 37
However on February 3, 2007, Kujawski undercut his own position by stating to Miletich in an e-mail that "Regarding the statement that I said I was an owner of MFS: Think about the logic of this. I'm talking to Sylvia's very good friend at Starbucks. Over the numerous times we have talked, it is obvious that she talks to Tim routinely. Knowing that, and knowing that she undoubtedly will mention that she met me to Tim, I would have to be absurdly ignorant to say something like that." 38 (italics added) It is the author's conclusion that based on only the facts provided above, that a jury would have supported the interpretation that Kujawski was an independent contractor and not a partner in MFS.
From August through the end of December, 2007, Miletich and Kujawski's lawyers fought with each other regarding discovery and Miletich's attempts to get Kujawski to remove various sites that Miletich found were defaming him, claiming an association to MFS, or alternately using his name and likeness without permission. Jay Hamilton sent out a steady series of trademark applications while continuously writing internet service providers demanding that they take down various Kujawski operated websites. 28
In late December, Attorney Heidi Winzetl attempted to have the District Court issue a Temporary Restraining Order to prohibit Kujawski from using various websites and specific e-mail addresses. Judge Spicer denied her motion on the grounds that Miletich "has failed to show that there would be irreparable harm in that it appears that money damages could be utilized to satisfy any possible past, present, or future claim." 39 This would be Winzetl's last hearing on behalf of Miletich because she moved to Florida after December, 2007. Miletich then hired Brett P. Clark to be his Minnesota attorney. 40
Kujawski's last offer to settle the case was made on December 19, 2007, via his attorney Trevor Oliver. It involved a demand that Miletich and his affiliates stop "using websites designed by Mr. Kujawski, advertising text composed by Mr. Kujawski, and clips of an advertising video produced by Mr., Kujawski in 2003"; and a demand for "Dave's earned compensation" and "a division of stakes in the affiliate program (hopefully a one-time payment)." 28 To put it bluntly, Oliver had "brass balls" to continue to make demands for a payout to resolve the "partnership" as a condition of settlement. The result was Miletich's acquiring a more skilled lawyer who proceeded to grind Kujawski (now without Oliver's representation) down with multiple motions.
In April of 2008, Clark filed a whole series of motions to which Kujawski did not respond. When Kujawski did not respond to a Motion to Dismiss, Clark requested that the Court grant its earlier motion and that attorney fees be awarded. 41 Every time there was a motion that Kujawski failed to respond to, he dug himself into a deeper legal hole, from which he has still not emerged.
Round 8: The Court Orders
On May 14, 2009, a court hearing was held before Kathryn D. Messerich at the Dakota County Judicial Center in Hastings, Minnesota on Miletich's "Motion to Amend the Complaint, Motion to Compel Discovery, Motions for Attorney's Fees, Motion for Injunction Relief, and Motions to dismiss Counts I, II and IV of [Kujawski's] Answer and Counterclaim." While Brett Clark appeared for Miletich, who was also present, Kujawski was nowhere to be found.
The Judge ordered that the Motion to Compel Discovery was granted, and that Kujawski had to produce the requested documents within ten days of her order. Kujawski was also ordered to remove three websites and any other internet site he created or maintained that represented or implied that a relationship or affiliation existed between the two men. There was then a laundry list of other orders including a prohibition from using any e-mail address containing the names "Miletich," "Miletich Fighting Systems," "MFS," or any other variant of the Miletich name. 42
The court then granted Miletich pretty much whatever he had requested through motions dismissing Kujawski's counterclaim. Miletich was awarded $2,574.00 in attorney's fees, and Kujawski was ordered not to bring any future litigation in any Minnesota State District Court without written permission or the representation of an attorney for one year.
The court also ruled on the substantive issues of the case finding that "irreparable harm existed here as a matter of law" and that Pat had never transferred any of his trademarks or copyrights to a third person. Reviewing a previous July 29, 2003 ruling by the Honorable Kevin Burke limiting Kujawski's ability to file lawsuits in Hennepin County, Minnesota, Judge Messerich ruled, "Based on the record before the Court, it appears that Defendant Kujawski is a frivolous litigant." 42
Two months later, on or about July 15, 2008, Clark filed a Motion to Dismiss and/or for a Default Judgment. Writing that Kujawski had still not responded to his discovery requests and had created more websites and e-mail addresses in violation of the earlier court order, Clark made a request for monetary damages. Based on Miletich's attached affidavit, Clark noted that on February 1, 2007, Kujawski himself stated there were 60 affiliate schools. Because of Kujawski's defamatory statements and threats to sue various MFS clubs "MFS has lost 40 of these affiliates." 6 Miletich calculated that each school would have resulted in $6,000 of revenue each year and if 60 schools had remained for five years that "MFS would have received $1,500,000 from this program alone." 6
Miletich's requested damages was in the amount of $2,000,000 with attorney fees of $22,456.50 (which only counted Clark's legal work), and costs in the amount of $844.47. Since Clark had only been representing Miletich since January, 2008, and two other lawyers had done substantial work on his case, it is estimated that by September, 2008, Miletich had spent over $40,000 in attorney fees and probably a figure approaching $70,000 in order to deal with David Kujawski. With no response from the Kujawski, on August 12, 2008, Miletich moved for a bench warrant for failure to appear. This was granted on September 30, 2008. 43
On September 8, 2008, Judge Kathryn D. Messerich made her final ruling in this case. Kujawski was ordered to take down the websites that he had been previously ordered to take down (plus another that had sprung up). After repeating her original orders, Judge Messerich then ordered Kujawski to pay $1,500,000 in special damages and $500,000 in general damages. Miletich was awarded his attorneys fees and costs, and the Kujawski's counterclaims were dismissed. Judge Messerich noted that in September of 2008, only 10 of Miletich's original 60 affiliates remained and "[b]ased upon [Kujawski's] claims on his slander site, [Miletich] lost business of many affiliated gyms in the MFS affiliate program." 44
Judge Messerich continued, "The damage to [Miletich's] reputation and business is intentional and inevitable. During the course of this litigation, [Kujawski] has continued to post on websites and send emails to thousands of people despite Court Orders enjoining this activity. Because [Kujawski] has done so, and avoided participating in discovery, [Miletich] is awarded general damages in the amount of $500,000 for damage caused to Miletich's reputation and that of Miletich Fighting Systems." 44
Pat Miletich left this lawsuit with a costly moral victory. His affiliate system had been for all practical purposes destroyed. His name had been dragged through the mud. And mysterious posters and e-mailers are still to this day popping up on various websites making defamatory statements only to disappear into the shadows when confronted. The comments appear to come from someone with Kujawski's writing style, and some knowledge of Miletich's business, though Kujawski would undoubtedly deny authorship.
Wrap-Up: An End in Sight?
It seems that Cesar Gracie and Pat Miletich have not been Kujawski's only disgruntled clients. It is apparent that David Kujawski will continue to use the same methods upon the mixed martial arts community that ruined Pat Miletich's affiliate program.
As recently as January, 2009, Kujawski reared his head as a representative for "Team Rabid Dog." This time attacking the Long Beach Fight Night (LBFN) production, run by Jason Delao of Topping Events, Inc. and John Delao of Delao Jiu-Jitsu of Stanton, CA. Kujawski lodged several unproven accusations at the Delaos' and their show. 45 Kujawski accused LBFN of hosting their show in a run-down venue; of lacking concessions; poor treatment of exhibitors; poor organization; unethical treatment of fighters; scamming fighters out of their ticket sales percentages; extortion of fighters; and violations of California Athletic Commission (CAC) regulations. Kujawski also claimed that John Delao is a fake BJJ black belt and that because he is currently living with cancer, he is putting his students at risk by training with them because, according to Kujawski, some forms of cancer may be contagious.
It is doubtful that the LBFN violated any CAC regulations, as they would have been surely been shut down; which did not happen. Regarding Kujawski's claim that cancer may be contagious and that Delao is endangering his students by training with them, according to cancer.org, "Cancer cannot be passed from one person to another, even through contact as close as kissing, sex, or oral sex. But many patients and their partners worry that cancer is contagious. News stories about viruses and cancer can also be confusing. Contrary to the myths, a cancer cell from one person's body cannot transfer during sex and take root and grow in someone else." 46
In response, on March 12, 2009, the LBFN created a MySpace page, in which they state outright that all of Kujawski's allegations are false and attempts to slander and defame their business. 47 The Delaos" assert that the slandering of their show resulted from disagreements they had with two Team Rabid Dog fighters who were scheduled to fight in the LBFN show, but never fought. They note that, to their knowledge, Kujawski has never even attended their show. Furthermore, posted on the site are photos of the venue (not run-down), photos of the fights, testimonials speaking to the high quality of the event, and even a picture of the legendary "Judo" Gene LeBell in attendance at the LBFN. They encourage anyone to research LBFN if they want to know more about the show.
According to Miletich's attorney, Brett Clark 48, several others have had unfortunate run-ins with Kujawski's marketing and promotion scams including Michael Schiavello (K1, Dream, Asia Contenders, and Fox Sports fight commentator), Ed Bavelock (an American who trains MMA fighters in Australia), and Ric O'Kane (of Mejiro Gym). According to Clark, on his website, Kujawski has fabricated a business affiliation with Bavelock. Ric O'Kane of the Mejiro Gym in Los Angeles had also apparently worked with Kujawski, but things went sour and Kujawski threatened a lawsuit against one of his fighters.
The authors have obtained three September, 2008, e-mails between Schiavello and Kujawski, as well as a Rabid Dog Productions, Inc. invoice. They highlight a heated argument between the two men stemming from a failed agreement in which Kujawski was to promote Schiavello for broadcasting work in Florida and Schiavello's subsequent request for a refund for services not rendered. 49 The Rabid Dog Productions, Inc. invoice states that Schiavello hired Kujawski for "Comprehensive Artist Management Representation For Booking MMA Broadcasting Work" for a fee of $2,500.
In the e-mails, Schiavello notes he paid Kujawski $2,500.00 for nothing except "false promises, lack of communication, lack of structure or gameplan… " The e-mail goes on to quote Kujawski's promise that he had an impending conference call "with our new client, the XFC people, to develop the work plan for our September MMA show in Florida, that will have "live" iPPV and our first closed circuit "live" broadcast</strong> inside a major sports bar \ restaurant chain, along with interactive sportsbook wagering. You are our broadcaster for this event!!" and that he had "a meeting with the Sun Cable people on June 28 to negotiate a package. This would encompass defining your responsibilities, and then attaching dollars to each line item. I am going to try to see about a lot of the work being down in Australia, to keep travel costs down thus staying close to your competitors."
According to Schiavello's e-mail, nothing materialized as Kujawski had promised: "Everything you said, every indication of work was one big lie and you took my money… " Schiavello noted that Kujawski never once called him, hardly ever emailed him, and never acquired a single gig for him. Schiavello accused Kujawski of "one lie after another," of being a person who does not "keep his word," and being one "who treats others with a total lack of regard." Schiavello finished by stating, "You just don't have any common decency about you and I look at this as nothing more than a scam of falsities." In his reply, Kujawski essentially told Schiavello that nobody wanted to book him in the US and he should not blame the messenger. Kujawski kept the $2,500.
O'Kane, Schiavello, nor Bavelock, could be reached for comment for this article. The authors have found that many who have had interactions with Kujawski are justifiably gun shy when it comes to discussing their experiences, expecting reporters to simply be Kujawski using one of his aliases for some diabolical purpose. Many phone calls or e-mails went unanswered. Some of Kujawski's known and/or suspected internet aliases have included: Team Rabid Dog, Rabid Dog MMA, Rabid Dog Productions, Inc., MMAcyberASSASSIN, Canus Maximus, copkiller.4.life, APG Petroleum, Ramon Vasquez, Tom Bondonna. For other interviews, the authors had to go to great lengths to prove they were who we said they were. However, some folks did agree to be interviewed for this article.
Reed Wallace of White Chocolate Management and Revolution Fight Club had a similar, if less serious experience with Kujawski. According to Wallace, who was interviewed for this article 50, Kujawski had contacted him in late 2007, with a proposal to assist White Chocolate with marketing and business development. Apparently he presented some very good ideas over the phone. Wallace noted that Kujawski "was an encyclopedia of MMA" and presented himself as extremely knowledgeable about the sport and its fighters. He made a good initial impression and Wallace agreed to meet with Kujawski in Florida to work on his new Revolution Fight Club promotion.
In early 2008, Kujawski visited Wallace in Florida. This time Wallace got a very different impression than he had received over the phone from Kujawski. Wallace had invited Kujawski to come stay at his home for the week and noticed some very bizarre behaviors. For example, he consistently wore winter clothing in spite of Florida's warm temperatures and apparently did not shower for the entire week he stayed there. Nevertheless, Wallace felt Kujawski presented some good ideas and decided to give him a shot.
In April 2008, Kujawski was to return to Florida and assist with the first Revolution Fighting Championships. He never showed up. Furthermore, Wallace discovered that Kujawski had been making false promises to others about the show. For example, he claimed Fedor Emelianenko would be making an appearance. Subsequently, Kujawski claimed he never came back to Florida because he had gotten a new job for some big oil company.
For some unknown reason, after deciding not to come back to Florida, Kujawski then embarked on an e-mail smear campaign against Wallace and White Chocolate. Unlike Miletich, Wallace did not sue Kujawski. Eventually the smear campaign stopped and Kujawski never filed suit against Wallace. Wallace joked "I think the guy has multiple personalities."
In the end, it seems that despite being exposed on the internet; being defeated in court; being prohibited from filing most future lawsuits in Minnesota; and avoiding a bench warrant for his arrest, Kujawski simply keeps charging ahead like a wounded and dying bull in a bullfight. Kujawski presents himself as the goose that laid the golden egg, but in actuality behaves just like his company's namesake: a rabid dog.
Samuel Browning and Stephen Koepfer wrote this article.
1a - April 17, 2008, Affidavit of Brett P. Clark In Support of Motion to Dismiss and/or for Partial Summary Judgment, Pat Miletich v. David Kujawski. Exhibit 1. From Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
1b - April 17, 2008, Affidavit of Brett P. Clark In Support of Motion to Dismiss and/or for Partial Summary Judgment, Pat Miletich v. David Kujawski, Exhibit 3. From Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
1c - April 17, 2008, Affidavit of Brett P. Clark In Support of Motion to Dismiss and/or for Partial Summary Judgment, Pat Miletich v. David Kujawski, Exhibit 11. This is Pat Miletich's first affidavit sworn on May 3, 2007. See paragraph 18 for this language. From Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
1d - April 17, 2008, Affidavit of Brett P. Clark In Support of Motion to Dismiss and/or for Partial Summary Judgment, Pat Miletich v. David Kujawski, See Exhibit 4. From Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
1e - April 17, 2008, Affidavit of Brett P. Clark In Support of Motion to Dismiss and/or for Partial Summary Judgment, Pat Miletich v. David Kujawski, Exhibit 7. May 30, 2007 Findings of Fact and Order for Rabid Dog Productions, Inc. v. Miletich Fighting Systems, Inc S0-07-3162 From Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
1f - April 17, 2008, Affidavit of Brett P. Clark In Support of Motion to Dismiss and/or for Partial Summary Judgment, Pat Miletich v. David Kujawski, See Exhibits 1 and 2. From Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
2 - 2009. Stephen Koepfer interview with Cesar Gracie.
4 - All quotations are from, Kujawski v. U.S. Filter Wastewater Group, Inc., Civil No 00-1151 (DWF/AJB) United States District Court, August 7, 2001.
5 - February 15, 2009. E-mail from Pat Miletich to Stephen Koepfer
6 - July 15, 2008, Plaintiff's Memorandum of Law In Support Of Motion To Dismiss And/Or For Default Judgment, Pat Miletich v. David Kujawski et el. 13 pages. Attached as Exhibits are Affidavit of Patrick J. Miletich, (sworn July 15, 2008 6 pages), Affidavit of Brett P. Clark, (sworn July 15, 2008, two pages) with four sub-exhibits including, "Cesar Gracie Shrine", Affidavit of Service, Invoice of Plaintiff's Attorney's Fees, and Invoice of Plaintiff's Costs. The quote comes from paragraph 7 of Miletich's affidavit.
7 - June 15, 2006. "Pat Miletich: Strictly Business". http://www.sherdog.com/news/interviews/pat-miletich-strictly-business-4755
8 - Bullshido post #117. http://www.bullshido.net/forums/showpost.php?p=1470765&postcount=117
9 - 2009. Stephen Koepfer interview with Chris Herzog.
10 - Bullshido post #127. http://www.bullshido.net/forums/showpost.php?p=1471406&postcount=127
11 - Bullshido post # 190. http://www.bullshido.net/forums/showthread.php?t=54983&page=19
12 - 2009. Stephen Koepfer interview with David Martucci.
13 - Bullshido post #92. http://www.bullshido.net/forums/showpost.php?p=1468665&postcount=92
14 - May 2, 2008, Affidavit of Patrick Miletich, submitted in Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034
15 - May 2, 2008, Second Affidavit of Brett P. Clark, submitted in Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 see Exhibit 48, E-mail from Kujawski to Miletich, Your Text (Feb 3, 2007).
16 - May 2, 2008, Second Affidavit of Brett P. Clark, submitted in Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 see Exhibit 29, e-mail from Miletich to Kujawski, February 13, 2007
17 - E-mail from Patrick Miletich to Heidi Weinzetl containing an E-mail from Steven Curtis to Pat Miletich, March 5, 2007, forwarding a March 5, 2007 e-mail by David Kujawski.
18 - April 21, 2007. E-mail from David Kujawski to All Miletich Affiliate Schools.
19 - Briggs & Morgan did not respond Samuel Browning's e-mail and phone call asking whether Kujawski had ever retained them.
20 - David Kujawski has never admitted that he created the http://patmiletich.faithweb.com (Truth or Consequences) site. The site itself claims that its author is "Raymond Vasquez". On September 8. 2008, Judge Kathryn D. Messerich entered an Order and Judgment against Kujawski stating that he was the site's creator, which defames the Plaintiff. Judge Messerich enjoins him from repeating the allegations that found on http://patmiletich.faithweb.com (Truth or Consequences) and http://patmiletick.tripod.com . (filed in Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota. Pages 3 and 6).
Brett Clark, Miletich's lawyer had argued that Kujawski was behind the faithweb site because this site also was "sponsored" the mysterious Raymond Vasquez who had also sponsored http://cesargracieshrine.tripod.com/index.html . As previously mentioned, before he had met Pat Miletich, Kujawski had successfully sued Cesar Gracie for breach of contract. Court documents from his two suits had been posted on the Cesar Gracie Shrine website. Because both sites benefited Kujawski, both had the same mysterious sponsor, and both shared the same introductory language, Clark came to the conclusion that Vasquez was actually Kujawski. Miletich has also pointed out that "The "Executive Summary" page of the slander site… is a word for word copy of the [March 5, 2007] e-mail that Kujawski sent to Sherdog." See paragraph 4 of the Plaintiff's Memorandum of Law In Support of Motion to Dismiss And/Or for Default Judgment, filed on July 15, 2008.
Finally, in an affidavit dated July 15, 2008 and submitted as part this Memorandum (also filed on July 15, 2008), Clark recounted how he had "contacted the address listed on the "Truth or Consequences" website to inquire as to whether any person named Ramon Vasquez resided there. The location is called Hotel Posada Del Sol in Mexicali, Mexico. I spoke with a woman named Marissa Cortes who assured me that no person named Ramon Vasquez at that time resided there or had ever stayed there." (paragraph 3).
Various Bullshido posters had come to the identical conclusion after they discovered that the "Truth or Consequences" site appeared to originate in the United States and not Mexico as "Vasquez" claimed. Neither Clark nor anyone at Bullshido was ever able to locate any proof that Ramon Vasquez existed. Yet, there was plenty of circumstantial evidence that this site was connected to David Kujawski and his legal interests.
21 - In an April 24. 2009 response to Samuel Browning's e-mail Roma Taylor indicated that their department had not received any health complaints about Miletich's Gym.
22 - Bullshido post #128 on http://www.bullshido.net/forums/showthread.php?t=54983&page=13
23 - April, 2008. Samuel Browning interview with Jeff Ford.
24 - April, 2008. Samuel Browning interview with Trey Wyatt.
25 - Bullshido thread: http://www.bullshido.net/forums/showthread.php?t=54983&page=19
26 - November 30, 2004. By Arnold "The Sushiboy" Lim. MMA Ring Report. The Canadian Corner December 2004. http://www.mmaringreport.com/index2.php?option=com_content&do_pdf=1&id=1071
27 - May, 2007. Inside Martial Arts interview with Pat Miletich. http://www.insidemartialarts.tv/episodes.php?vidIndex=16
28 - December 20, 2007, Affidavit by Heidi Weinzetl. With exhibits A through L attached. See Exhibit C for proof that Kujawski filed for the Miletich Fighting Systems trademark on April 19, 2007. See Exhibit D for Kujawski's August 13, 2007 letter to the examining attorney at the United States Patent and Trademark Office. Exhibit A is Ronald May's April 10, 2007 letter on Miletich's behalf. Exhibit B is Heidi Weinzetl's July 11, 2008 letter to Kujawski's attorney Trevor Oliver on July 11, 2007. Exhibit L is a later reply by Oliver to Weinzetl on December 19, 2008.
29 - Bullshido post #92. http://www.bullshido.net/forums/showpost.php?p=1468665&postcount=92
30 - Kujawski's attorney up until April 2, 2008, See Notice of Counsel Withdrawal, filed by Trevor Oliver, in Miletich and Miletich Fighting Systems Inc vs. David Kujawski and Rabid Dog Productions, Inc.
31 - August 10, 2007, Complaint, Miletich and Miletich Fighting Systems Inc vs. David Kujawski and Rabid Dog Productions, Inc. Paragraphs 20 and 21.
32 - August 15, 2007, Answer and Counterclaim, Miletich and Miletich Fighting Systems Inc vs. David Kujawski and Rabid Dog Productions, Inc , paragraphs 20 and 21.
33 - See Minnesota Statute §323A.0101(8)
34 - See Minnesota Statute §323A.0101(9)
35 - See also Cyrus v. Cyrus 242 Minn. 180 (1954) which places more reliance on the determination of whether the alleged partners "combined their property, labor, and skill as co-owners for joint profit." p. 184.
36 - T.R. Foley Co. v. McKinley, 114 Minn. 271, 273 (1911)
37 - August, 15, 2007, Answer and Counterclaim, Miletich and Miletich Fighting Systems Inc vs. David Kujawski and Rabid Dog Productions, Inc Exhibit 2.
38 - May 2, 2008, Second Affidavit of Brett P. Clark, submitted in Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 see Exhibit 48, E-mail from Kujawski to Miletich, Your Text (Feb 3, 2007).
39 - December 24, 2007, Order by Judge Richard G. Spicer, Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
40 - January 14, 2008, Substitution of Counsel and Consent, Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota and E-Mail from Brett P. Clark, June 2009.
41 - May 13, 2008, Reply Memorandum in Support of Plaintiffs" Motion to Dismiss and/or for Partial Summary Judgment, Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
42 - May 14, 2008, Order by Judge Kathryn D. Messerich, Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
43 - September 30, 2008, Warrant, Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc.
44 - September 8, 2008, Order by Judge Kathryn D. Messerich, Miletich and Miletich Fighting Systems v. David Kujawski and Rabid Dog Productions, Inc. Case # C4-07-10034 District Court, First Judicial District, State of Minnesota, County of Dakota.
45 - January, 2009. http://unlimitedfightnews.com/wordpress/?p=2732
47 - Posted March 19, 2009. LBFN response to Kujawski's allegations. http://blogs.myspace.com/index.cfm?fuseaction=blog.ListAll&friendId=391875269
48 - December 4, 2008. E-mail from Brett Clark to Stephen Koepfer.
49 - September, 2008. E-mail exchange between Michael Schiavello and David Kujawski. Rabid Dog Productions, Inc. Invoice for $2,500.00 paid by Michael Schiavello for a "One-Time Retainer For Comprehensive Artist Management Representation For Booking MMA Broadcasting Work. Payment of Retainer executes Terms & Conditions specified in March 3, 2008 Proposal and Service Contract agreed to by parties."
50 - 2009. Stephen Koepfer interview with Reed Wallace.