Parties in the $2.5 million lawsuit against Augusta businessman Joe Mullins are attempting mediation. The move pauses their effort to seal from public view depositions taken in the case.
The Augusta Press has filed a motion to intervene, objecting to the depositions being sealed. The release of their entire contents is in the public’s interest, particularly in metro Augusta, it states.
In 2021 Golf Travel LLC, which sold golf vacation packages, filed suit against Mullins, Mullins Sports and Entertainment LLC and 30 unidentified parties. The Arizona firm owned by Ian Jack contended Mullins failed to supply 95 four-day badges for which it paid Mullins $448,250. The failure and Mullins’ continued false statements about what happened created ongoing problems for the company, which went on to pay $840,900 to obtain more badges in 2019, it states.
Twenty-three Golf Travel patrons were stopped at The Augusta National Golf Club gate on the first day of the 2018 tournament; their badges were confiscated and they were ejected from the club. But Mullins offered only the explanation they’d been “unlucky” and run against unexpected random inspections, the lawsuit said.
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After buying more badges from Mullins the following year, Golf Travel learned that a “former disgruntled employee” of Mullins had tipped off the golf club about the badges, the suit claims. In addition, Mullins failed to deliver all the badges promised for 2019.
The plaintiff’s business was destroyed and it is seeking lost profits of $815,121, plus additional damages for a total of $2.5 million.
In a recent motion for summary judgment, Mullins contends, among other things, that any contract between his company and Golf Travel is void because it requires the parties to break state law by acting as ticket brokers, and that Augusta National Golf Club can revoke badges at any time, incluidng for being obtained illegally.
In its policies, the golf club states it is the only authorized seller of badges and specifically prohibits the sale of badges by third parties or in excess of their face value.
In conjunction with the motion, Mullins filed a motion to seal the depositions of Mullins and Jack, saying the parties had agreed to because the contents were “confidential.”
In a Feb. 2 telephone hearing, attorneys for the two parties, John Sparks and Randy Frails, stated they were in agreement to enter mediation with an Atlanta firm. U.S. Magistrate Brian K. Epps agreed he would deny the motion but allow it to be refiled if mediation was unsuccessful.
Epps had asked the parties to propose redactions to the depositions rather than seal them entirely but acknowledged Thursday they need not do so now if entering mediation.
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“This all may be mooted by this effort to get the case settled,” he said.
Representing The Augusta Press, David Hudson said the public is entitled to see the complete depositions under the First Amendment to the Constitution.
“The Augusta Press is arguing a constitutional right to see these depositions without any redactions,” he said. “You have to have a showing of very good cause to restrict the public right to see pleadings and evidence in federal court.”
Joe Edge, publisher of The Augusta Press, said he’s learned Mullins may still be attempting to procure badges from locals to sell.
“We are unsure what was said in the depositions that warranted sealing them,” Edge said. “With the history surrounding Mullins and his companies, and the fact this case involves a large amount of money and Augusta National Golf Club badges it is of particular local interest. Augustans need to be made aware of what’s going on.”
Susan McCord is a staff writer with The Augusta Press. Reach her at susan@theaugustapress.com