When A Mime Gets Into A Fight With A Clown

Photo Credit: Mickey FunFolks Colorado
Photo Credit: Mickey FunFolks Colorado






Photo Credit: Mikala Weaver (Tristyn M. Weber)
Facebook: www.facebook.com/mikala.weaver.3


What follows is the work-in-progress lawsuit that was going to be filed by Tristyn M. Weber, against Michael "Funfolks" Warner.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
DENVER DIVISION
___________________________________
                                                                      )
Tristyn M. Weber,
-Plaintiff                                              PLAINTIFF'S ORIGINAL PETITION AND APPLICATION
                                                           FOR TEMPORARY INJUCTION
v.
Michael Warner,
-Defendants
___________________________________)
     COMES NOW, Tristyn M. Weber, pro se., and seeking a compensatory, declaratory, punitive damages as well as temporary injunction to wit: attend and work as a performer at the 2016 Denver County Fair, for the reasons herein.
PARTIES
     Tristyn M. Weber: Plaintiff Tristyn M. Weber is a professional Pantomime, Balloon Artist, Model, Actress, Juggler, and Musician. In addition to these acts, Ms. Weber has incorporated Magic, Illusionist, and other circus, and cirque style talents. Ms. Weber has performed from the streets to the stage[1]. Performing in expos, conventions, parties, clubs, bars, restaurants, hotels, casinos, and on television. Ms. Weber has seen her career grow rapidly to include performing as a busker in Santa Monica, Venice Beach, Hollywood, California; Las Vegas Strip, Freemont Street, and various locations in Nevada; the 16th Street Mall, Lower Downtown Denver, Pearl Street, and other locations in Colorado. Ms. Weber has walked the runway for 303 Fashion Weekend and Charlie Price, Trafficked Fashion Fundraiser, and various upcoming events that include national and international runway walking. Ms. Weber is a stage assistant to a world class magician. Ms. Weber has worked events as a balloon artist at events span Los Vegas PetExpo, to Los Vegas JoyProm. Ms. Weber has worked as a pantomime for clients ranging from Canadian Teamsters, to Fantasy Entertainment. Ms. Weber has appeared on shows such as Vegas Live With Ninon, The Rant, and other shows that include local and national news. Ms. Weber is undeniably talented, and experienced. Ms. Weber is still young and met Defendant Michael Warner at the age of 16.
     Michael Warner: Defendant Michael Warner, also known as Mickey Colorado, operates under "FunFolks". According to the Colorado Secretary of State, FunFolks is not licensed to do business in Colorado. Mr. Warner has provided "entertainment" for the Denver County Fair for approximately 3 years. Mr. Warner is a clown. Mr. Warner's entertainment consists of finding mediocre street performers to attend Denver County Fair with him at a booth in the Kids Pavilion that is donated by the fair director Dana Cain. Mr. Warner is approximately 40 years old.
CAUSE OF ACTION
     This matter comes to this court by way of Defendant's Tortuous Interference with Contractual Rights, also known as Unlawful Interference with Contractual Relations.
ELEMENTS:
     To establish Tortuous Interference with Contractual Rights, Plaintiff must establish several elements.
     1) A valid contract or contractual relationship existed;
     2) The tortfeasor had knowledge of this contract or relationship;
     3) The tortfeasor intended to induce one of the contracting parties to commit a breach;
     4) The tortfeasor was not otherwise privileged or authorized to induce breach;
     5) The contract was in fact breached;
     6) The plaintiff suffered specific economic damage as a result.
A VALID CONTRACTUAL RELATIONSHIP EXISTED
     On March 8th 2016 Plaintiff sent an email to Dana Cain , Director of Denver County Fair, seeking a booth at the 2016 Denver County Fair. After some confusion about my identity not being the same of Defendant's, Plaintiff replied "Sorry, I am a different Mikki. I worked with Mickey Colorado last year, as a Mime. This year I wanted to do it myself." on March 17th, 2016. On March 17th, 2016 Dana Cain replied via email "Yes, that sounds great. I just wanted to see what you needed. So do you want a booth space, or will you be free-roaming the whole time?". Finally on July 3rd, 2016 Dana Cain emailed the following:
Hi, Mikki!
Thanks so much for writing.    I was actually going to write you this weekend, too!
Yes, we definitely want you in!   That "other Mickey" will be doing balloons and stuff in the Kids pavilion, so I'd like to put you in a more central location – still tons of kids and families, but I'm thinking the Arts Pavilion is a great place for a mime!!!
So, I'll give you a complimentary 10 x 10 in the Arts Pavilion to use as a base, but you can also free-roam bout the fair, okay?   And I'll list you as Mikki the Mime. J
     An contractual relationship existed between Plaintiff and Defendant that had no conflict with Defendant and his relationship with the Denver County Fair.
The tortfeasor had knowledge of this contract or relationship
     Because Plaintiff's personal Facebook Profile is connected to the personal Facebook Profiles of nearly 200 celebrities in the entertainment world, Plaintiff made a general announcement in addition to personal phone calls and private messages to several as well, seeking availability of these celebrities on the dates of the Denver County Fair in the hopes of bringing them with Plaintiff to entertain from her booth. Defendant is also a "friend" of Plaintiff's Facebook profile and clicked "like" on the status update.
The tortfeasor intended to induce one of the contracting parties to commit a breach
     Shortly after this Facebook status update, Plaintiff received an email from Dana Cain canceling Plaintiff's participation and booth at the Denver County Fair. Stating that Plaintiff had to work "under the FunFolks umbrella" or not at all.
The tortfeasor was not otherwise privileged or authorized to induce breach
     The Defendant has no authorization to conduct business in the state of Colorado, and therefore has no standing exclusivity to providing any entertainment besides himself, to the Denver County Fair.
The contract was in fact breached
     Due to the revocation of the Mikki The Mime booth that was promised to Plaintiff, there was in fact a breach of the contract due to the actions of Defendant.
     Shortly after receiving the email from Dana Cain regarding the cancellation of the Mikki The Mime booth at the Denver County Fair, Plaintiff's manager Joseph A. Camp called Defendant with the hopes of resolving his concerns about Plaintiff participation at the Denver County Fair. Mr. Camp left a voice mail. A few moments after leaving a voice mail for Defendant while Mr. Camp was away from his phone, Defendant called several times. Mr. Camp called Defendant back again and recorded the call. During that call, which can be found at: https://soundcloud.com/vegas-mimes/mickey-funfolks-threatens-to-kill-jojo (incorporated herein as if in whole). During that phone call, Defendant threatened the lives of Plaintiff and Mr. Camp numerous times. At one point Defendant stated that he was going to have all the "magicians and street performers" kill Plaintiff and Mr. Camp – presumably the same characters who will be attending the Denver County Fair with Defendant. In addition to these threats the Defendant stated that he was going to have "all the black people" on the 16th Street Mall in Downtown Denver kill Plaintiff and Mr. Camp.
     In subsequent emails and communications Defendant made it clear that he thought that Plaintiff was trying to "steal" his "gig" and that Plaintiff could work the fair with him, seeking to capitalize off of the Mikki The Mime brand.
The plaintiff suffered specific economic damage as a result
     The "Mikki The Mime" brand has quickly exceeded the expectations of nearly everyone involved with the image. This success has not been without economical costs. Mikki has been assisted in her career by celebrities and numerous individuals whose success and appearance comes at high economic costs. Two individuals have agreed to attend the Denver County Fair with Mikki with the expectation of money down in the event of cancellation, and fees and costs for the appearance. Mikki has suffered damages in the amount of $2,500 as a result of Defendant's interference with this event.
PRELIMINARY INJUNCTION
     Petitioner is seeking a Preliminary Injunction that grants her permission and authority to work the Denver County Fair as an entertainer in the manner originally agreed upon with the fair organizers.
     There are specific issues that this court must consider prior to the issuance of temporary injunction, to with:
This was going to be the opening salvo against Mickey Funfolks. The emails and content will not be posted, but that in the above proposed suit in progress, that was never filed.
-- 
_/s/______
Joseph A. Camp
@CampJosephA (Twitter, Facebook, Instagram, LinkedIn)
720.454.5240
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