Remember this from last July?
Three people received those letters. Those individuals had in their calling as public school advocates and as tax payers sought information and exposed the reasonable doubts surrounding Mark Johnson’s unilateral decision to award iStation a contract.
All three Cease & Desist letters were published in WRAL. Here is the text of one of those letters all of which included the same language and claims.
This letter is to advise that Shanahan Law Group, PLLC represents Imagination Station, lnc. (“Istation”). As you are no doubt aware, Islation has been awarded the contract arising from the North Carolina Department of Public Read to Achieve RFP (“Contract”). Please direct all communication regarding this matter to me here at if you are represented by legal counsel, please direct this correspondence accordingly.
We have become aware that you have been making demonstrably false, misleading, and defamatory public statements about lstation. its agents, its products, and the process by which lstation was awarded the Contract by NCDPI. You were not involved in any part of the process by which this Contract was awarded, and NCDPI is just now beginning to release documents pertinent to the process. NCDPI has indicated that further documents will be released. Thus, your public statements are based on nothing more than unverifiable speculation and unsubstantiated statements by a former employee was not involved with the entire RFP process. Nevertheless, you have represented speculative, false, misleading, and defamatory information with respect to our client as fact in public media and other forums. Among other things, your conduct amounts to defamation and tortious interference with the Contract that [station was legally and appropriately awarded by Accordingly, we hereby DEMAND that you immediately cease making false and misleading representations about Istation, its products, or the process by Which this Contract came into existence, whether in public or private, and retract your false statements,
As my client considers its legal options with respect to your conduct. please be advised that we believe that you are or may be in possession of documents, tangible items, and electronically stored information that will become an important and irreplaceable source of discovery and evidence. By this letter, you are hereby given notice not to destroy, conceal. or otherwise alter any papers, audio or video recordings, digital or electronic files, or data generated or stored on a computer or other storage media (6. g. hard disks or drives, floppy disks, CDs, DVDs, backup tapes, flash drives, PDAs, smart phones, tablet devices, laptops or netbooks, PCs, servers, or backup media) from January 1, 2018 to the present that in any way relate to Istation, its products, or the process by which this Contract came into existence. Please note that this notice includes e-mails, chat logs, instant messages, text messages, voice mails, and social media posts, messages or writings of every kind. Failure to comply with this notice may result in severe sanctions being imposed by a court for spoliation of actual or potential evidence.
Accordingly, you must make every reasonable effort to preserve all documents and information related in any way to the categories of items listed above. These efforts include, but are not limited to, an obligation to discontinue all relevant data destruction, backup tape recycling, and auto-deletion or auto-preservation policies. This obligation also includes, but is not limited to, preservation of all documents, tangible items, and electronically
If you have any questions regarding this correspondence, please do not hesitate to contact me, or have your attorney contact me. Nothing in this correspondence is intended to prejudice any and all rights and remedies available to Istation under applicable law. All such rights and remedies are specically reserved.
SHANAHAN AW GROUP, PLLC
And from last Friday in an NC Policy Watch report:
Despite a plea from State Superintendent Mark Johnson, the State Board of Education (SBE) on Friday rejected a $1.2 million contract extension with Istation, the firm that provides the state’s K-3 reading diagnostic tool.
The SBE voted 8-2 during a remote conference call to table the contract until the General Assembly considers a request to waive the reading diagnostic requirement in the wake of the COVID-19 crisis.
Kind of like a Cease & Desist in its own right.