Enhanced Athlete, run by a convicted felon and a former attorney, urges customers to bully law firm into dropping lawsuits and offers sale as a reward
— Attorney Robert Tauler
LOS ANGELES, CALIFORNIA, UNITED STATES, December 11, 2017 — A Sacramento company accused of touting a fertilizer used in explosives for human consumption as a weight loss drug will have to persuade a judge in January to support its latest attempt to attack the plaintiff trying to stop the illegal practice.
In a recent press release, one of Enhanced Athlete’s principals, convicted felon Scott Cavell called the lawsuit “frivolous” and accused the company and the lawyer seeking to put an end to the illegal sale and harmful use of DNP (dinitrophenol) of being engaged in a “shakedown” scheme.
Phoenix-based Nutrition Distribution LLC, through its lawyer Robert Tauler of Tauler Smith LLP, earlier this year sued Enhanced Athlete and Cavell, alleging false advertising, promotion and sales for human consumption of DNP. According to the Guardian newspaper, DNP is responsible for the deaths of more than 60 people since 2015.
In September Cavell, in an email to Enhanced Athlete’s followers, encouraged clients to threaten, harass and otherwise impede and interfere with Tauler Smith and Nutrition Distribution’s businesses. The email provided directions on what specific actions they could take, including crashing servers, sending disrupting emails, filling voicemails, and spreading parking lots with nails and other hazards – all illegal acts.
“We need as much information as you can discover, nothing is to (sic) small or insignificant to share. Girl friends (sic) or wive’s (sic) names, places of employment, phone numbers or addresses. Any contact information for anyone that works with the plaintif (sic) or attorney, ie cell phone numbers home addresses etc,” wrote Cavell. Cavell then offered a discount on merchandise if the harassment was effective in obtaining a voluntary dismissal of the DNP lawsuit and another one accusing the company of illegal sales and promotion of SARMs, a type of steroid.
In November Cavell issued a press release claiming it had won a significant courtroom victory when a judge denied Nutrition Distribution’s motion for preliminary injunction to enjoin Enhanced Athlete’s sale of DNP. Cavell and Enhanced Athlete again promised followers a half-off sale on all merchandise if Nutrition Distribution dismisses the lawsuits.
Enhanced Athlete’s harassment “directly impacts the integrity of the judicial process,” Tauler said in court papers seeking to sanction Cavell and Enhanced Athlete for their misconduct. “Defendants continuation of their harassment campaign against Plaintiff and its counsel for bringing claims against Defendants constitute egregious, illegal, and vexatious bad faith misconduct, which justifies the imposition of sanctions.”
Tauler filed the motion Nov. 11 in U.S. District Court in Sacramento, asking the judge to sanction Enhanced Athlete for its attempt to disrupt business and damage the reputations of Tauler Smith and Nutrition Distribution.
Tauler Smith LLC
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