13 COMPLAINTS-RiseUp Publications/Ellis Management Marketing

[angelahoy]

THIS PUBLISHER DID *NOT* PAY THE WRITERS' BALANCES IN DECEMBER, AS SHE CLAIMED SHE WOULD DO. THE WRITERS ARE STILL OWED THOUSANDS.

[angelahoy]

Writer JD reports today, 1/23/09, that she received a check and has now been paid in full.

[angelahoy]

Date: Sat, 24 Jan 2009 23:27:04 +0000 (UTC)
From: [CB]

Hello Janice:

Today I received the balance due me for the cover article published in
RiseUp magazine. Thank you! However, you have not responded to my
request to have the rights to my two cover articles and two sidebars
legally reverted to me. They have already been published, and RiseUp
should have no further use for them ... particularly considering the
magazine's uncertain future.

I have spent six months fighting for payment I was entitled to, which
was neither pleasant for me or you. I can't imagine any court would
consider a contract still valid after you breached it with such a long
period of failure to pay. Even if RiseUp is revived, I will not be
writing for you again. Must I spend more time pressing you to do what is
right? So, I'm asking you once again and finally: Please restore
ownership of my articles to me.

Thank you!
[CB]

[angelahoy]

ON JANUARY 25, 2009, Janice Ellis emailed her writers telling them to sent correspondence to her counsel, Catesby Major. This is the contact information we have:

Catesby A. Major - Catesby.Major@BryanCave.com
Bryan Cave LLP
One Kansas City Place
1200 Main Street, Suite 3500
Kansas City, Missouri 64105
Direct Dial: (816) 374-3339
Facsimile: (816) 374-3300

[angelahoy]

The attorney for Janice Ellis / RiseUp Publications is claiming many of the postings here are "untrue and, accordingly, libelous."

We responded, in part:

Janice has responded to us numerous times and has had ample opportunity to let us know if anything posted it untrue. We have published her responses to the complaints in their entirety. She has never claimed anything published was untrue.

If she feels anything on the page is untrue, she or you need to let me know exactly what it is - in writing.

[angelahoy]

ANOTHER WRITER REPORTS GETTING PAID.

-------- Original Message --------
Subject: Re: Attorney for RiseUp Publications
Date: Mon, 26 Jan 2009 18:36:22 -0500
From: MP

Angela, I rec'd a check today from Rise Up for the balance owed me,
$800.00 Thanks again for all your help.

ANOTHER WRITER REPORTS GETTING PAID

Date: Tue, 27 Jan 2009 15:34:02 -0500
From: KJ

Hi

I just wanted to inform all that Janice has paid the remainder owed to
me. Good luck to all, KJ

[angelahoy]

Somebody else has sued RiseUp Publication.

Go to:

https://www.courts.mo.gov/casenet/cases/searchCases.do

Under "last name", type: riseup

See: LOS ANGELES NEWSPAPER GROUP VS RISEUP PUBLICATIONS

[angelahoy]

13TH COMPLAINT

-------- Original Message --------
Subject: THIRTEENTH COMPLAINT about RiseUp Publications!
Date: Wed, 06 May 2009 17:00:12 -0400
To: vtinsley@usariseup.com

May 6, 2009

RiseUp Publications, LLC. / Rise Up Magazine / usariseup.com
Janice S. Ellis, Ph.D., Founder & Publisher
E. Frank Ellis, Chairman and CEO
Veronica Tinsley, Chief Financial Officer - vtinsley@usariseup.com
Domnick Hadley, Associate Editor - dhadley@usariseup.com
Lauren Erickson - media@usariseup.com
P(816)561-5200
F(816) 561-5201

Ellis Management Marketing Group - EMMG
Christopher Ellis, Vice President Business Development - chris@emmg.net
Janice Ellis - ellis@emmg.net
4435 Main St., Suite 550
Kansas City, MO 64111
P(888)816-6469
P(816)753-2276
P(816)753-6400
F(816)753-6401

WritersWeekly.com has received FOUR MORE complaint about:
RiseUp Publications, LLC. / usariseup.com / Ellis Management Marketing
Group / EMMG / emmg.net / Janice Ellis / Christopher Ellis /
collegeoutlook.net / - Publisher of For Posterity, Achieve, Creative
Outlook, College Outlook Counselor's Guide, The Business Kit, RX
Dialogue, The Compliance Monitor, Future of Asthma, Managed Care
Training, Pharmaceutical Representatives Companion, and Digest-ables

WritersWeekly.com is a publication that publishes information for
and about freelance writers. The publication is the
largest-circulation freelance writing ezine in the world.

As part of that information, WritersWeekly.com publishes a Warnings
section on its website and in its newsletter. This warning section
contains reports about publications that are unprofessional in
dealing with writers, haven't paid writers money that is owed to
them, who have not abided by their contracts, or who have unfair
contract terms. These reports are used by WritersWeekly.com's
subscribers
to decide which publications they should and should not work with.

Your firm has been submitted to us for inclusion in the
WritersWeekly.com Whispers and Warnings section.

Step one of our investigation of this report is to gather all
relevant correspondence between your publication and the person
submitting the complaint so that we can piece together that person's
side of the story. Step one of our investigation has been completed.

-------------
THE COMPLAINT
-------------

[LO] (name not published here but was, of course, provided to the publisher)
alleges you owe her $750.00.

It appears your statement that ALL writers were sent some money was a lie.

-----------------
WHAT HAPPENS NEXT
-----------------

The second step in our investigation is to send this communication
to your firm to get its side of the story. If you have evidence
disputing these allegations, or would like to make your own
statement about these allegations for publication in our report, please
email angela@writersweekly.com within two business days.

***All correspondence for our investigations must be in writing and
is subject to publication.***

If you do owe this person money, we strongly suggest you read
this article before responding:
http://www.writersweekly.com/the_latest_from_angelahoycom/003628_09132006.html

Our report on your firm is scheduled for inclusion in our
publication next Wednesday, though it may appear in our Whispers and
Warnings forum before that time.

If there is no response to these allegations, WritersWeekly.com will
still publish this complaint, but our readers will not be able to
read your side of the story.

We appreciate your prompt response in this matter.

Angela Hoy
Publisher
WritersWeekly.com

-----------------
THE COMPLAINT
-----------------

-------- Original Message --------
Subject: Complaint regarding Rise Up magazine
Date: Tue, 5 May 2009 13:23:18 +0000 (UTC)
From: LO

Ms. Hoy,

I'm uncertain if you are still handling complaints regarding Rise Up
magazine, but I am another one of those writers that have not been paid
by the magazine. I have been trying to handle the matter myself,
thinking that Ms. Ellis would do the right thing and paid what is owed
to me. But to date, I have not received one payment, not even a partial.

In March of last year, I was contracted by the magazine to submit a
750-word essay. The contract was
for $1.00 a word. This essay was published in Issue 8 (Aug. 8-14, 2008);
however, it was not published in hard copy but online and was
mysteriously yanked after a week. Luckily, I saved a copy of that
issue, which I can forward, along with a copy of the contract, upon
request.

Months went by with no payment. In December 2008, probably in response
to the complaints you were handling against the magazine, Ms. Ellis
contacted all the writers and stated that if unpaid writers would submit
proof of contract and an invoice, she would ensure payment. I complied.
When the end of January arrived, I contact Ms. Ellis and asked when I
could expect payment. She stated that even though Issue 8 had not been
published, she would still make sure I got paid. When I sent her the
pdf of that issue as proof that it was published, her response was it
was only published online. My contract gives Rise Up magazine one-time
rights for publication in print AND online.

I have contacted Catesby A. Major, the attorney listed on your Web site
in February of this year and I have yet to receive an acknowledgment of
my communication. The reason I bring this to you is because I visited
the magazine's Web site today on a whim and found the site has a
complete redesign! Redesigns are not cheap! So if they can find the
money to revamp a Web site, then they should pay writers what is owed.

LO

~~~~~

PUBLISHER RESPONDS

Subject: RE: THIRTEENTH COMPLAINT about RiseUp Publications!
Date: Wed, 6 May 2009 20:13:12 -0500
From: Janice Ellis <jellis@usariseup.com>

We processed checks on Friday, May 1, 2009, which included balances to
[LO].

Thank you.

Janice Ellis

~~~~~

WRITER SENDS UPDATE

-------- Original Message --------
Subject: Re: THIRTEENTH COMPLAINT about RiseUp Publications!
Date: Mon, 11 May 2009 17:05:20 -0400
From: LO

Ms. Hoy,

I received a check today from Rise Up Magazine for the full amount.

Thank you so VERY much for your help!

LO

MORE INFO. FROM THE WRITER

Date: Tue, 12 May 2009 17:15:19 -0400
From: LO

She claims checks were mailed on May 1? Postmark on the envelope
says May 7.

LO
Sent from my iPhone

WRITERSWEEKLY NOTE: That means she actually mailed the checks the day AFTER WritersWeekly sent the warning notice above - not the Friday before!

[angelahoy]

The Kansas City Star reports RiseUp has filed for bankruptcy. See:

http://economy.kansascity.com/?q=node/2425

[angelahoy]

According to the Kansas City Star:

"RiseUp publisher owes $6 million, holds assets of $6,900."

See:
http://www.kansascity.com/business/story/1312150.html

RISEUP HAS FILED FOR BANKRUPTCY:
www.kansascity.com/business/story/1247550.html

JANICE ELLIS IS BACK IN BUSINESS - PUTS RISEUP ONLINE
http://blogs.pitch.com/plog/2009/05/shes_back_janice_ellis_riseup.php

[angelahoy]

JUSTICE IS SERVED (but will the victim ever get paid?)

The Kansas City Star has been awarded $2.4 million in its lawsuit against RiseUP.

"The Kansas City Star received a $2.4 million award in a court case against the owners of RiseUp, a short-lived magazine on race relations. A judgment was entered in Ray County Circuit Court on Tuesday against Ellis Management Marketing Group Inc. and its principals, Janice S. Ellis and E. Frank Ellis."

See:
http://www.kansascity.com/business/story/1536328.html

[angelahoy]

UPDATE

"TG" claims in an email sent on Feb. 5, 2010:

Janice paid me in full in Dec 2008 and Jan 2009. It was around $1,125 and she paid in two installments.

[angelahoy]

It looks like Janice Ellis has launched a publication under a slightly different name. It is:

usariseup.com

USARISEUP, INC.

On facebook: USARiseUpCom

On twitter: USARiseUp

NOTE: Janice Ellis is claiming all writers have been paid. However, we have not received confirmation of that from all the writers who complained to WritersWeekly. Updates appear above from writers who did report payment being received. After hearing from Ms. Ellis, WritersWeekly sent an email to all past victims requesting updates on payments that were not previously reported to us. We will post those updates if/when they are reported by the writers.

[angelahoy]

[AS] sent an email to WritersWeekly on 2/6/10 saying "received", which we assume means payment has been received.