New Scene may become old Scene again. Or not

FORT COLLINS — Barring a quick payment of $85,174, plus interest, The New Scene arts publication in Fort Collins may revert to being The [old] Scene once again. Or cease to exist.

Yet it’s owner says that isn’t the case; that The New Scene will survive and be better.

The owner of The New Scene, Blaine Howerton, who is also publisher of the North Forty News, bought The Scene in late 2017 and renamed it The New Scene. He signed a promissory note with the former owner, Michael Mockler, for $149,000 at 4.5% interest, paid $13,894 but defaulted on payments in February 2019, according to a lawsuit filed by Mockler earlier this year.

Mockler, who continues to own a legal entity called Scene Magazine LLC, sued for nonpayment Feb. 12, 2021.

Howerton failed to respond to the lawsuit, and Mockler won a judgment by default May 17. Judge Gregory Lammons signed the order granting the default judgment, something that Howerton said he just learned about.

In July, a writ of garnishment was issued as a means of collecting on the debt. Then in August, Mockler filed a “motion for leave to conduct a Rule 69” exam of Howerton. Lammons granted that request, which essentially gives Mockler the opportunity to seek a deposition from any party.

“Mr. Howerton has information regarding the value of and assets of New Scene Magazine LLC, including the type of assets, the location of the assets and other related information relevant to the Plaintiff collecting on the judgment,” the motion for the Rule 69 exam said.

How this step of the process unfolds remains to be seen, but it could mean that title to the magazine could revert to its previous owner. Howerton told BizWest that he’s in negotiations with Mockler to resolve the issue. “I’m very confident,” he said.

“Most people would have let the nail go into the coffin. I’m not willing to,” he said.

Citing his philosophy that “locally owned publications need to survive,” he said he is dedicated to keeping the publication alive and to improve it.

He said he’ll make a personal investment to resolve the debt.

Mockler was the subject of public allegations on social media of sexual harassment in late 2017, just before selling his publication. The Scene had been operating in Fort Collins since the 1990s.

The New Scene Magazine LLC has been delinquent in its registration with the Colorado Secretary of State since June 1, 2019. North Forty News LLC has been delinquent since Oct. 1, 2018. “They’re delinquent for no other reason than we’ve been overwhelmed,” Howerton said.

Sara Stieben, attorney for Mockler, did not return a phone call seeking comment.

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