Whole Foods Cake Lawsuit: Why no update?

What happened to the Whole Foods controversy

AUSTIN - It's been more than three weeks since Whole Foods counter-sued Austin pastor Jordan Brown and said they believed his accusations were fraudulent.

Brown first sued the Austin-based grocers in April after claiming that he received a cake with a gay slur frosted on top.

When the counter suit was filed, Brown's attorney Austin Kaplan sent out a release saying, "we are currently investigating these allegations."

Since that release, neither side has said anything about either suit and attorney Brad Bonilla told KVUE's Jason Puckett that's unusual.

"When you have a case that's gained a lot of media attention and your client is getting attacked and accused of some very bad things," he said. "That's uncommon for an attorney to stay silent."

Bonilla isn't affiliated with either case, but shared his personal opinion on the situation. According to him, a lawyer has 30 days to respond to a suit like this, meaning Kaplan and Brown would have to respond by May 19.

"There's two options right now," Bonilla said. "You either move forward and risk digging yourself deeper in the hole, or you say 'I'm gonna back out. I'm gonna non-suit the case. I'm gonna get myself out of this situation.'"

Bonilla said in his opinion, it's unlikely that this will end with a monetary settlement.

"If you come clean with an apology," he said. "That's probably what a company like Whole Foods is looking for to get out of the situation."

© 2017 KVUE-TV


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