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1 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 1 of 22 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JEREMY HILL ) ) AND ) ) CAFN: THE MIDDLE GEORGIA ) ENTERTAINMENT GROUP, LLC ) ) Plaintiffs, ) ) v. ) ) ) FAITH EVANS ) ) AND ) JURY TRIAL DEMANDED ) LIVE NATION WORLDWIDE, ) INC. ) ) Defendants. ) CIVIL COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF Plaintiffs ( Mr. Hill and J.D. ), through his undersigned counsel, file this Complaint, against Defendants pursuant to state and federal law, alleging, inter alia, claims for breach of contract and duty of good faith and fair dealing; tortious interference of contractual relations; tortious interference of business relations; 1

2 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 2 of 22 declaratory judgment; and preliminary injunctive relief, against Defendants Faith Evans ( Ms. Evans ) and Live Nation Worldwide, Inc. ( Live Nation ). Plaintiff also seeks a temporary restraining order against Defendants. INTRODUCTION Mr. Hill is a retired military veteran, who is now a small business owner, operating within the entertainment industry, which is largely dominated by multimillion/billion dollar companies such as Defendant Live Nation. With that in mind, Defendant Faith Evans has unabashedly snubbed Plaintiff by breaching her contract, which contains an express non-compete provision, a non-compete provision that Ms. Evans has cast aside as if it mean nothing. On top of that, Defendant Live Nation, in consummate bully fashion, has interfered with Plaintiff s business/contract relations with Ms. Evans, by strong-arming Ms. Evans into breaching her contract with Plaintiff, while also ignoring all of Plaintiff s cease and desist letters. Live nation has made its positon clear: Live Nation has so much money and influence in the music industry that Plaintiff s business and concerns are meaningless. Unfortunately for these Defendants, the law holds otherwise Plaintiffs now file suit to redress the unlawful wrongs perpetrated against them. 2

3 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 3 of 22 JURISDICTION AND VENUE 1. This court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331, 1332, 1367, 1651, 2201, 2202, in accordance O.C.G.A et seq (long arm statute), , and Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and (e), and O.C.G.A et seq (long arm statute), , and The acts alleged in the Complaint have been committed in Georgia. The Plaintiffs are Georgia residents, and Defendant Live Nation has been duly incorporated in Georgia and transacts business Georgia. Ms. Evans has transacted business in Georgia and is scheduled to transact business in Georgia between the dates of September 8 and 10, Plaintiffs consent to this Court s jurisdiction and venue. PARTIES 3. Plaintiff Mr. Hill is a retired military veteran; resident of Georgia; and small business owner. At all times relevant to this Complaint, Mr. Hill was a partner and owner of Plaintiff Middle Georgia Entertainment Group, LLC. 3

4 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 4 of Plaintiff Middle Georgia Entertainment Group, LLC ( MGE ), at all times relevant to this Complaint, was a duly incorporated company within the State of Georgia, authorized to do business in Georgia. At all times relevant to this Complaint, MGE was owned and operated by Mr. Hill. 5. Defendant Faith Evans, at all times relevant to this Complaint, resided in California. Ms. Evan entered into a written contract with Plaintiffs, a contract that required Ms. Evans to perform in Atlanta, GA on September 10, Ms. Evans has now given notice of anticipatory breach by refusing to perform pursuant to said contract entered into by her and Plaintiffs. Instead, Ms. Evans has entered into a contract with Live Nation to perform in Atlanta, GA on September 8, 2016 two days prior to her contractual obligation to perform pursuant to her contract with Plaintiffs. Relevantly, Ms. Evans contract with Plaintiffs has a non-compete provision that expressly states in all caps: FAITH EVANS AGREES NOT TO PERFORM WITHIN A 100 MILE RAIUS OF ATLANTA, GA OR BE ANNOUNCED AS A PERFOMRER FOR ANY OTHER DATE BETWEEN MARCH 10, 2016 AND SEPTEMBER

5 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 5 of 22 Contrary to the express language found in Ms. Evans s subject contract with Plaintiffs, Ms. Evan has been announced as a performer on the Bad Boy Family Reunion, tour scheduled to take place on September 8, 2016 a date that falls within the non-compete provision of Ms. Evans contract with Plaintiffs. Ms. Evans s schedule performance in Atlanta, GA, as part of the Bad Boy Family Reunion tour has been announced on ticket sale websites, the Atlanta Journal Constitution, and on public radio. In fact, Live Nation s website currently advertises Faith Evans as part of the Bad Boy Family Reunion tour at stating Line up: Bad Family Reunion Tour, Puff Daddy, Faith Evans. Furthermore, the subject contract between Plaintiff s and Ms. Evans required Plaintiff s to pay Ms. Evans thirty-five thousand dollars with a required deposit of seventeen thousand five hundred dollars to be paid on or before December 21, Plaintiffs paid Ms. Evans the deposit. Nevertheless, Ms. Evans has refused to perform pursuant to the subject contract between her and Plaintiffs. Proper service may be perfected on Ms. Evans at 7518 Agnew Avenue, Los Angeles, CA (Los Angeles County). 5

6 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 6 of Defendant Live Nation Worldwide, Inc., at all times relevant to this Complaint was a Delaware Corporation with its Corporate headquarters located at 9348 Civic Center Drive, Beverly Hills, CA, 90210, according to the Georgia Secretary of State and an affidavit filed by Live Nation World Wide, Inc., in the case titled Popped Festival, Inc. v. Live Nation Worldwide, 2010 WL , DKT Entry 7-1, 2:09-cv-3763-CDJ (E.D. PA 2010). Live nation Worldwide Inc. has been registered to do business in the State of Georgia since 2008 under the registered name Live Nation Worldwide, Inc., and routinely transacts business in the State of Georgia through the name Live Nation World Wide Inc. as well as through fictitious business names, and subsidiaries, with music venues, businesses, and artist located and operating in Georgia. Live Nation interfered with Plaintiffs contract/business relation with Ms. Evans by strong arming Ms. Evans into breaching her contract with Plaintiffs. Live Nation told Ms. Evans that if she performed pursuant to her contract with Plaintiff on September 10, 2016 (two days after she is scheduled to perform for Live Nation as part of the Bad Boy Family Reunion tour) that Live Nation would cancel Ms. Evans s Atlanta performance with Live nation and the remaining nation-wide 6

7 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 7 of 22 performances with the Bad Boy Family Reunion Tour. Again, and worth repeating, Ms. Evans could perform on both September 8, 2012 for Live Nation and September 10, 2016 pursuant to her contract with Plaintiffs, but Live Nation has threatened to cancel its contract with Ms. Evans if she performs pursuant to her subject contract with Plaintiff. Live nation has also failed to respond to Plaintiffs cease and desist letter sent to Live Nation. Live Nation can be served through its registered agent, Corporate Creations Network, Inc., 2985 Gordy Parkway, 1 st Floor, Marietta, GA (Cobb County), according to Defendant Live Nations 2016 annual registration from that was filed with the Georgia Secretary of State. STATEMENT OF FACTS 7. Mr. Hill is a retired military veteran. Mr. Hill owns and operates MGE Ms. Evans entered into a written contract with MGE on December 15,

8 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 8 of The contract entered into by Ms. Evans with MGE required Ms. Evans to perform with a band on September 10, 2016 in Atlanta, GA. 11. MGE paid Ms. Evans seventeen thousand five hundred dollars on or before December 21, 2015 as part of the contract entered into between Ms. Evans and MGE. 12. The contract entered into between Ms. Evans and MGE contains a provision that states in all caps FAITH EVANS AGREES NOT TO PERFORM WITHIN A 100 MILE RADIUS OF ATLANTA, GA OR BE ANNOUNCED AS A PERFOMRER FOR ANY OTHER DATE BETWEEN MARCH 10, 2016 AND SEPTEMBER 10, The subject contract between Ms. Evans and Plaintiffs requires Ms. Evans to perform at the Wolf Creek Amphitheater, 3025 Merk Road SW, Atlanta, GA on September 10,

9 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 9 of Ms. Evans has been announced as a performer, as part of the Bad Boy Family Reunion Tour, on September 8, 2016 at Phillips Arena, 1 Phillips Drive, Atlanta, GA Neither Ms. Evans nor her agent has ever attempted in any manner to retract the announcement of Ms. Evans as a performing member of the Bad Boy Family Reunion Tour musical performance, which is scheduled to take place in Atlanta, GA on September 8, Live Nation s website currently advertises Faith Evans as part of the Bad Boy Family Reunion Tour at stating Line up: Bad Boy Family Reunion Tour, Puff Daddy, Faith Evans. 16. The website Seat Geek, has Faith Evans advertised to perform with the Bad Boy Family Reunion tour on September 8, 2016, and is selling ticket for that performance, stating Bad Boy Family Reunion: P Diddy with Lil Kim and Puff Daddy and Mase and Faith Evans. 9

10 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 10 of While knowing that she had a contractual obligation to perform in Atlanta on September 10, 2016 pursuant to her contract with Plaintiffs, Ms. Evans entered into a contract with Defendants Live Nation Worldwide, Inc. to perform in Miami, FL at American Airlines Arena. 18. Ms. Evans has direct knowledge that she has been announced as a performer who is to perform with the Bad Boy Family Reunion tour in Miami, FL on the exact same date (September 10, 2016) that she entered into a contract with Plaintiff to perform in Atlanta, GA. 19. While knowing that Ms. Evans had a contractual obligation, with Plaintiffs, to perform in Atlanta on September 10, 2016 pursuant to Ms. Evans s contract with Plaintiffs, Live nation Worldwide, Inc. entered into a contract with Ms. Evans to perform with Bad Boy Family Reunion in Atlanta, GA on September 8, While knowing that Ms. Evans had a contractual obligation, with Plaintiffs, to perform in Atlanta on September 10, 2016 pursuant to Ms. Evans s contract with 10

11 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 11 of 22 Plaintiffs, Live Nation Worldwide, Inc. entered into a contract with Ms. Evans to perform with Bad Boy Family Reunion in Miami, FL on that same date, September 10, Prior to entering into a contract with Faith Evans to perform with Bad Boy Family Reunion on September 8, 2016 in Atlanta, and September 10, 2016 in Miami, FL, Defendant Live Nation Worldwide Inc. knew that the contract entered into by Ms. Evans and Plaintiffs contained the provision that states FAITH EVANS AGREES NOT TO PERFORM WITHIN A 100 MILE RAIUS OF ATLANTA, GA OR BE ANNOUNCED AS A PERFOMRER FOR ANY OTHER DATE BETWEEN MARCH 10, 2016 AND SEPTEMBER ; Live Nation Worldwide Inc. had this knowledge because at least one its agents read said language in the subject contract between Ms. Evans and Plaintiffs, and also because Ms. Evans told an agent of Live Nation about the provision in the subject contract between her and Plaintiffs. other. 22. Wolf Creek Amphitheater and Philips Area are within 100 miles of each 11

12 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 12 of Faith Evans is scheduled to perform within 100 miles of Wolf Creek Amphitheater, 3025 Merk Road, Atlanta, GA, between the dates of March 10, 2016 and September 10, A representative of Defendant Live Nation told Ms. Evans that if she performed in Atlanta on September 10, 2016 (as her contract with Plaintiffs required of her) that she could not perform as a member of the Bad Boy Family Reunion Tour on September 8, A representative of Defendant Live Nation told Ms. Evans that if she performed in Atlanta on September 10, 2016 (as her contract with Plaintiffs required of her) that she could not perform as a member of the Bad Boy Family Reunion Tour during any of it tour stops throughout the United States. 26. During Live Nation s negotiation with Ms. Evans to contract with Live Nation. so that Ms. Evan would perform as a member of the Bad Boy Family Tour in Atlanta, GA on September 8, 2016, Defendant Live Nation knew that Ms. Evans 12

13 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 13 of 22 had already contracted to Perform in Atlanta, GA on September 10, 2016 because Ms. Evans told representative(s) of Live Nation about her prior contractual commitment with Plaintiffs. 27. Live Nation nor any of its representatives are third party beneficiaries of the subject contract entered into by Ms. Evans and Plaintiffs. 28. Nether Defendant Live Nation or any of its agents/representatives has responded to Plaintiff s cease and desist letters that Plaintiff sent to Live Nation and its agents/representative. 29. Live Nation or its agents/representatives received Plaintiffs cease and desist letter prior to Live Nation entering into a contract with Ms. Evans. Defendants conduct has caused Plaintiffs pain and suffering, to include loss of reputation and good will amongst Plaintiffs clientele and within the professional and public community in which Plaintiffs work. Plaintiffs have suffered special damages in amount greater than one hundred thousand dollars, a fact that supports Plaintiffs argument that diversity jurisdiction in this case exists. 13

14 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 14 of Live Nation has been registered to do business in the State of Georgia since 2008 under the registered name Live Nation Worldwide, Inc., and routinely transacts business in the State of Georgia through the name Live Nation World Wide Inc. as well as through fictitious business names, and subsidiaries, with music venues, Businesses, and artist located and operating in Georgia. COUNT I BREACH OF CONTRACT AND IMPLIED DUTY OF GOOD FAITH AND FAIR DEALING (Against Defendant Evans) 31. Plaintiff now fully incorporates paragraphs 5, 7-30, and all other paragraphs this Court deems relevant, to support the assertion made in this Count. 32. On top of all the facts incorporated to support this Count I, Ms. Evans entered into valid binding contract with Plaintiffs, a contract that created all correlating duties, commitments and obligations arising and flowing from the express language of the contracts. 14

15 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 15 of Ms. Evans has knowingly, willfully, and/or recklessly breached the duties, commitments, and/or obligations imposed upon her by the express wording and implied meaning of the contracts entered into by Defendant Evans and Plaintiffs, including Ms. Evans knowingly violating the specific provision of her contract between her and Plaintiffs that prohibits Ms. Evans from being announced as a performer from any date between March 10, 2015 and September 10, Defendant Evans s conduct in knowingly, willfully, and/or recklessly breaching her duties pursuant to the contracts entered into by Defendant and Plaintiffs demonstrates that Defendant Evans also breached the implied duty of good faith and fair dealing owed to Plaintiffs in executing said contracts. Georgia law recognizes this implied duty. See Crooks v. Chapman Co., 124 Ga. App. 718, 719 (1971). 35. Defendant Evans s conduct in breaching the contract and implied duty of good faith and fair dealing directly and/or proximately caused injury to the 15

16 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 16 of 22 Plaintiffs and therefore Plaintiffs are entitled to all permissible damages under controlling law. COUNT II TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS (Against Defendant Live Nation) 36. Plaintiffs fully incorporates paragraphs 5-35, as if each was set forth verbatim herein, and any other paragraph this Court deems applicable to support the allegations in this Count II. 37. Based on the facts incorporated to support this Court, Defendant Live Nation tortiously interfered with the contractual relations between Plaintiffs and Ms. Evans. As a result, Plaintiffs are entitled to all permissible damages under controlling law. 16

17 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 17 of 22 COUNT III TORTIOUS INTEFERNECE WITH BUSINESS RELATIONS (Against Defendant Live Nation) 38. Plaintiffs fully incorporates paragraphs 5-35, as if each was set forth verbatim herein, and any other paragraph this Court deems applicable to support the allegations in this Count III. 39. Based on the facts incorporated to support this Count, Defendant Live Nation tortiously interfered with the business relations between Plaintiffs and Ms. Evans. As a result, Plaintiffs are entitled to all permissible damages under controlling law. COUNT IV DECLARATORY JUDGMENT (Against Defendants) 40. Plaintiffs fully incorporates paragraphs 5-39, as if each was set forth verbatim herein, and any other paragraph this Court deems applicable to support the allegations in this Count IV. 17

18 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 18 of Based on the incorporated facts to support this Count, Plaintiffs seek Declaratory Judgment from this Court to determine the right, duties, responsibilities and obligation of the parties, including a determination of whether Ms. Evans is prohibited from performing in Atlanta, GA pursuant to the relevant provision of the subject contract between her and Plaintiffs. COUNT V TEMPORARY RESTRAINING ORDER (Against Defendants) 42. Plaintiffs fully incorporates paragraphs 5-41, as if each was set forth verbatim herein, and any other paragraph this Court deems applicable to support the allegations in this Count V. 43. Based on the facts incorporated to support this Count, Plaintiffs Move this Court temporary restrain and preliminarily enjoin Defendants from announcing Ms. Evans as a performer for the Bad Boy Family Reunion Tour musical performances to take place on September 8,

19 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 19 of 22 COUNT VI TEMPORARY RESTRAINING ORDER (Against Defendants) 44. Plaintiffs fully incorporates paragraphs 5-41, as if each was set forth verbatim herein, and any other paragraph this Court deems applicable to support the allegations in this Count VI. 45. Based on the incorporated facts to support this Count two, Plaintiffs request emergency injunctive relief in the form of enjoining Ms. Evans from performing with the Bad Boy Family Reunion Tour on September 8, 2016, and also in the form of preliminarily enjoining Defendants from announcing Ms. Evans as a performer for the Bad Boy Family Reunion Tour musical performances to take place on September 8, 2016 because there is a substantial likelihood that their claim will succeed on the merits. 46. Also, there exists a substantial threat of irreparable harm if Defendants conduct is permitted to continue, because Defendant conduct is and will irreparably harm 19

20 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 20 of 22 Plaintiffs reputation and good will amongst clients and within their professional community. COUNT VII ATTORNEY S FEES (Against Defendants) Based on paragraphs 5-41, Plaintiffs ask this Court to grant attorney fees should Plaintiffs prevail on any of their claims, in accordance with all applicable laws. COUNT VIII PUNITIVE DAMAGES (Against Defendants) Based on paragraphs 5-41, Defendants bad faith conduct entitles Plaintiffs to punitive damages under all applicable laws. COUNT IX SPECIAL DAMAGES (Against Defendants) Based on paragraphs 5-41, Plaintiffs seek special damages of one hundred thousand dollars, at minimum. 20

21 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 21 of 22 PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray the following relief: 1. Plaintiffs seeks declaratory and injunctive relief against the Defendants, based upon the claims specified in this Complaint; 2. Plaintiffs request a temporary restraining order against the Defendants; 3. Plaintiffs request a trial by jury on all matters not adjudicated by this Court; 4. Plaintiffs request this Court to enter judgment in favor of the Plaintiffs in an amount allowable by law that compensates Plaintiffs for their damages, including special and general damages, together with prejudgment interest; 5. Plaintiffs request reasonable attorney s fees and costs in an amount to be determined by this Court; 6. Plaintiffs request that this Court order a jury trial on the issues that this Court does not rule upon as a matter of law; and 7. Plaintiffs request such other, further, and different relief this Court deems appropriate under the circumstances. 21

22 Case 1:16-cv SCJ Document 1 Filed 08/03/16 Page 22 of 22 Respectfully submitted this 3 rd day of August 2016, DANIEL R. MEACHUM & ASSOCIATES 101 Marietta St. NW Suite 2400 Atlanta, Georgia Telephone (404) Facsimile (404) dmeachum@dmeachumlaw.com Counsel for Plaintiffs s/daniel MEACHUM Daniel R. Meachum GA No WILLIAMS OINONEN LLC The Historic Grant Building, Suite Broad Street, NW Atlanta, Georgia Telephone (404) Facsimile (404) mario@goodgeorgialawyer.com Counsel for Plaintiffs s/mario WILLIAMS Mario Williams GA No

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