Here is my answer to Luis Medina's ridiculous lawsuit he has filed against me.
COUNT ONE: FRAUD
1) True. I purchased a 12volt model and he sent a 24volt as he does not manufacture 12 volt mowers but sells them on his site.
2) I purchased with intentions of becoming an authorized dealer for Evatech, Inc. See "Friendly Discount" In Exhibit A
3) "As his own"?? No, but as an authorized dealer for Evatech, inc. Having different model numbers made it difficult for Luis to steal sales from which I spent time and money to generate.
4) Charles Blackwell - After the first 5 sales of 2010 ended with the customer waiting 3 months for a mower that did not work (which leads to negative feedback for Evatech and the dealers) I decided to build Charles a mower as he demanded it to be on time for Father's Day. He paid a 50% deposit of $1175.00 on Father's Day after I told him I would rush his build and discount to meet his budget in an attempt to get positive feedback for Evatech and the dealers. Charles wanted brochures to hand out to friends he said would be likely to place an order as well. But, not if he waited 3 months for a mower that didn't work. After waiting for the electronics to ship I discovered the engine I had on the shelf didn't work. I had to order another engine and UPS sent it to the West Coast by mistake. And, just like that, Charles was an angry customer wanting his money back. I talked him into letting me finish the mower and with a video demonstration and his approval, we would meet up in Birmingham, Alabama for a live demonstration where he paid the remaining balance of $1175.00. The next day he called and said the battery would not stay charged. I advised him to tighten the belt and charger the batteries overnight as we drove it a lot during the demonstration without the engine running. Turns out, another customer at the same time was having the same issue with the problem being the new pulley/ blade adapter combination was too small to turn the alternator fast enough. I sent the other customer a larger pulley and he wrote back and said, "it works like a charm!" Charles, however, refused the replacement pulley and demanded a refund in which I did not have. He said he was going to call Luis and tell him I tricked him using Evatech's photos. The video and pictures Luis has as Exhibit F,G,H,I, & J are the ones I sent to Charles Blackwell prior to the live demonstration in Birmingham where he paid the balance due in cash.
5) Jason Jaarsveld - Works for ISCO procurement in Angola, South Africa where he ordered two special order mowers for Chevron Oil Company. Chevron wanted the mowers and parts to last two years in the extreme conditions of the jungle located on the equator. I wanted them happy in hopes of Chevron ordering Evatech mowers for all of their oil plants around the world. Based on Luis's track record, I had to build them if that was going to happen.
6) Thomas and Ricardo demanded their mowers be on time. So, again I did not submit those to Evatech, Inc. After about two weeks after they placed their order, I noticed I wasn't going to have time to build them as I was busy on the Africa order. They contacted Evatech for a status report not knowing I had planned to build their mowers. Both customers got their money back and Ricardo never returned $200 I mailed to him as he paid shipping twice by mistake.
Fraud? NO there was never any deception what so ever.
COUNT TWO - INFRINGEMENT ON A U.S. PATENT
The mowers I built do not make and store electricity when going down a hill. They can not go down a hill without using electricity. I did not build hybrid lawn mowers. Luis's Patent should be found invalid as the mower is not a hybrid that saves fuel and generates electricity going down a hill. Both of his patents are as deceptive as he is. Yes. I built remote control lawn mowers for customers to give positive feedback about Evatech and his number one dealer, Southern RobotX. I did this while I was listed as an authorized dealer for Evatech, Inc. at Evatech.net. It was not a hybrid remote control lawn mower as his patent describes nor was it in competition with Evatech as in Hanxing does. I built those mowers to generate positive feedback for Evatech, Inc. and the dealers to increase sales which has yet to happen.
5) The tracked model was for a customer wanting my design and can not be revealed in this case as Luis is likely steal the design from me. I was working on his patented design back in 1993 before he did, but I do not have proof except for testimony from parents. I was using 12volt power wheels electronics where Luis uses 24 volt Power Chair electronics, both of which are DC Electric motors. I used the deck as a frame where he uses a deck separated from the frame. Both my design and his utilizes an alternator to keep the battery charged but it does not save fuel. It takes more energy to cut grass and spin the alternator that it does to just cut grass. The tracked model I have should be dismissed as it is no where close to his patent. i will show my drafted drawings but not to Luis.
6 & 7) The brochures luis has as Exhibit L & M claim abilities to climb steep hills and 40% & 25% fuel savings which are false. There is no video in existence with uninterpreted footage of his mowers on slopes. He deceives people into thinking they are practical on slopes. Than can be if his design worked but I am now convinced he has no intentions of making them work.
11 & 12) The Chinese company, Hanxin, LTD does compete with Evatech, inc. A letter of apology and them stopping their marketing here in the U.S. is hard to believe with the e-Mails I have from Tammy Medina to Jack An of hanxing.
COUNT THREE - SLANDER
Everything I have said is true. i told Luis in several text messages to give me the $600 he was trying to steal or I would expose him and did so. (More on this in COUNT SIX - EXTORTION) I talked about his 12 volt vs 24 volt scam in my blogs. Would be customers should know these things. I talked of him not including batteries and not letting you know until you get the mower home. It is not a battery you can just go out to Wal-Mart and pick up. I started sending customers batteries to minimize negative feedback. Him telling people three weeks and taking three months and then it doesn't work? Did he not think to test the mowers before shipping? No. He knew it didn't work when he shipped them. I didn't say that because I can't prove it. Everything I have said is true and can be proven. Crooked wheels that the customer has to fix and massive grass build up on the passenger side rear sprocket of the tracked models that prevents uninterrupted mowing can all be proven as well.
COUNT FOUR - THEFT OF INTELLECTUAL PROPERTY AND TRADE SECRETS
I have e-mail after e-mail that proves I had permission to use marketing materials as an authorized dealer of Evatech, Inc. I had permission to advertise my company, which sold Evatech products, using his pictures and videos. I have email setting up a conference call between me, Frank Kolrich (another dealer that was done wrong by Luis) Brian Nagamatsu (shareholder/ patent engineer), Drew Barry (didn't attend as Luis had just stole from him) and , of coarse, Luis Medina. In the conference call Luis wanted me to share my secrets for internet marketing and Frank to share his secrets for "brick & mortar" marketing.
Theft of Intellectual Property and Trade Secrets? - NO
COUNT FIVE - HARASSMENT
2) I attempted to let him know I was not going to just let him walk away with money not his. The $600 brain was mailed at the time he filed this lawsuit. A good 5 months late. He had no intentions of refunding the money nor giving the man a working motor controller. So, yea, I had harsh words for Luis Medina.
COUNT SIX - EXTORTION
1) The complaint reads, "...if he did not give him money...." The money in question was for a customer that was told two weeks to fix a motor controller issue with an Evatech mower. Luis had no intentions of refunding the money he paid nor sending the man a working motor controller, or brain as referred to by Luis. He mailed it to the guy at the same time he filed this lawsuit. As in Count Five, yea, I had a few choice words for Mr. Medina. But, Extorsion? NO that is ridiculous.
COUNT SEVEN - LOSS OF INCOME
1) The week of August 23rd 2009 was not much better than 2010 as lawn mowers do not sell very well (if at all) at the end of August. And now that Evatech's number one dealer no longer has a web site or a You Tube channel with over a million views because Luis told them I didn't have permission to use his pictures (which I have proof I did) I wouldn't think his sales would be anything at all. His sales are down. Good.
2) I agree that the time and energy spent should have been spent on his company.
3) I did not state that I attached harmful information to his website. I told people that if they clicked his bogus "WIN ONE" link that their web browser would warn them he is setting them up for spam mail. He made a fake You Tube video for a contest winner starring his relatives that is easy to prove.
As for the guys he had to lay off? They were hired because of the mowers we sold at the Expo last year in October which he did not deliver until March. I did not get a penny from those sales.
4) In Exhibit Z, Luis looses his temper says my internet movement increases his sales but yet, he is suing me for loss of income. The email is full of lies and could be used against him.
The Plaintiff Prays For:
1) Stop disparaging acts... I will not stop telling the truth about what he has done to me.
2) Stop Contact...I Did
3) I have never infringed and have no intentions of doing so. The mowers I built to help his company do not match his hybrid patents.
4) I will not remove what is mine.
5) I did not copy his patent. Hybrid is his patent. I did not build hybrids with gyros. Nor does he.
6) Loss of income is not my fault
7) Loss of sales is his fault.
8) Emotional distress is not my fault. Seek therapy.
9) I will not pay your cost anymore.
10) If the court deems proper, I will obied by the court.
Counter
Luis Medina has caused emotional distress, financial burdens, etc. by stealing sales. My uncle loaned me over $40,000 in generating awareness and advertising Southern RobotX as an authorized dealer. After no ROI (because of Luis stealing sales) he stopped investing. I talked him into one more investment for the 2009 GIE + EXPO. It paid off. Only Luis did not share a dime of the profits. My uncle will not help me anymore and not even for this lawsuit. I have since sparked the interest of an investor group to fund the manufacture and distribution of my design. If this ridiculous lawsuit turns them away, I will counter sue Evatech, Inc. (Luis Medina) for $5 million which is the probable profits for 2011 after the initial investment proposal pending as of October 10th, 2010. In any direction the investors choose, I am seeking to have Luis Medina's two patents to be found invalid as they are deceptive in their descriptions. The hybrid design described in the two patents can not save fuel nor build and store energy going down a hill as they both lead one to believe. In fact, the way they are described, uses more energy as it has to cut grass and turn an alternator. Not to mention, one can hold a straight line easier with a push mower eliminating the need to double cut sections missed by the first pass made which further uses more fuel.
