In a letter dated May 15, HPFS attorney Charles Lichtman wrote, “Following your statement that software and scanning equipment underlying the promisory note was neither received nor being used by the Clerk’s office, we made further inquiries and learned that in fact, you had personally visited the site where the scanning equipment is located and being fully utilized, and that you and your staff continue to use the scanning equipment, despite your refusal to pay for it.Regarding the letter, Ellis told Brevard Times, “I’d say the attorney from the Big South Florida Law Firm needs to get out of his chair and go see for himself who has the equipment. They are so pitifully bad, it is funny.”
Ellis added, "The attorney and HP were both very clearly told the equipment and software reside at 202 West Drive, the BlueGem building."Lichtman requested that Ellis “advise us in writing” by May 24 whether or not Ellis would honor the promissory note.
“I wish they’d go ahead and sue us,” Ellis said of HPFS. “I am giving them two weeks and then we’ll send our demand letter for return of the $220,000 already paid them on the unlawful note.”Ellis has sued BlueGem for breach of contract and said he is currently providing the court documentation as part of that lawsuit.