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Joe Francis Facing Sanctions?

PANAMA CITY — Two words that have dogged Joe Francis for more than a year cropped up again in court filings last week: “meaningful mediation.”

They were preceded by the word “sanctions,” as the lawyers for a Georgia girl suing “Girls Gone Wild” are seeking to have Francis punished for wasting their time.

Attorney Mark Casto of Columbus, Ga., filed a motion Monday asking U.S. District Judge Richard Smoak to sanction Francis because, the motion alleges, Francis was evasive in answering questions in his deposition, didn’t provide the proper company officials for depositions and apparently did not “meaningfully” participate in mediations in the case, as ordered by the judge.

Smoak has not yet ruled on the motion.

Smoak jailed Francis in April 2007 for contempt of court when Francis refused to participate in “meaningful mediation” in a lawsuit stemming from a 2003 incident in Panama City Beach. Francis ultimately settled that lawsuit from a jail cell while serving the contempt of court sentence.

A short time after that, Brittany Pitts of Georgia filed suit against Francis and his company, Mantra Films Inc., which produces the “Girls Gone Wild” line of DVDs. Pitts claims she was underage in March 2002 when a cameraman under contract with “Girls Gone Wild” filmed her flashing her breasts. Her image made it on to a video cover.

Casto wrote in his motion that Francis has avoided giving his deposition in this case, but finally was interviewed July 14. Casto said Francis provided “no useful information at his deposition.”

“Joseph Francis was completely evasive in answering even the simplest of questions,” Casto said.

The motion includes examples:

“As CEO, what is your specific role in the distribution of film produced by or distributed by Mantra Films?” Casto asked.

“I don’t understand the question,” Francis responded.

“As CEO, what is your specific role in the distribution of a video for Mantra Films?” Casto asked.

“I’m the CEO,” Francis said.

“What do you specifically do?” Casto asked.

“I don’t know. I take calls a lot. I have people come ask me questions about things. I don’t know. I have lunches,” Francis said.

“It sounds to me like you don’t do anything,” Casto said.

“I don’t appreciate … I’m trying to help you out here. I don’t appreciate being attacked,” Francis responded.

“What do you do in the distributing of a film for Mantra Films?” Casto asked.

“I’m the CEO,” Francis answered.

“And as the CEO, what do you do on a specific basis?” Casto asked.

“I make phone calls,” Francis said.

In other exchanges, Francis asked Casto to explain the words “policy” and “employee.”

“Do you know that the policies were for a cameraman to obtain footage in 2002?” Casto asked.

“As to what?” Francis responded. “What is a … I don’t understand the question. What is a policy? What do you mean by policy?”

Casto also said Francis said he had never heard of Pitts and knew nothing about the lawsuit. Casto argued Francis couldn’t have participated “meaningfully” in the June 30 court-ordered mediation if he was ignorant of the case.

In his motion, Casto essentially asks Smoak to strike the Francis’ and Mantra’s “answer,” their defenses to Pitt’s allegations. If Smoak agrees, he would send Francis and his company into trial next month in this case unable to present a defense.

Francis’ attorneys have not yet filed their response to Casto’s motion, and Mantra’s corporate attorney Michael Burke did not immediately return a call for comment.

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