United States District Court, W.D. Pennsylvania
District Judge Marilyn J. Horan
REPORT AND RECOMMENDATION ECF NO.137
PUPO LENIHAN, UNITED STATES MAGISTRATE JUDGE
respectfully recommended that the Motion for Partial Summary
Judgement filed by Plaintiff Washington County Family
Entertainment, LLC (ECF No. 137) be denied.
before the Court is a Motion for Partial Summary Judgment
against Defendant Rick Ross Touring, LLC (“Ross
Touring”) and Defendant William Leonard Roberts II
p/k/a/ Rick Ross (“Ross”), filed by Plaintiff
Washington County Family Entertainment (“WCFE”).
(ECF No. 137.) In the motion, WCFE seeks an order pursuant to
Federal Rule of Civil Procedure 56 and LCvR 56
granting partial summary judgment against Ross Touring and
Ross for a final judgment in the amount of $296, 458.82.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
facts of this action have been previously presented in the
Court's Report and Recommendation on Plaintiff's
Motions to Dismiss. (ECF No. 94.) The action
concerns a dispute arising from Ross's last-minute
cancellation of a scheduled headlining concert performance at
Wild Things Park in Washington, Pennsylvania (the
“Park”) on June 10, 2017 in alleged breach of a
Talent Engagement Agreement (“Agreement”) dated
May 8, 2017 and Defendants' alleged conversion of monies
wired by WCFE to secure Ross's appearance and performance
at the Park. WCFE entered into the agreement with Defendants
Goodlife Entertainment LLC (“Goodlife”) and John
Wardlow (“Wardlow”), who had warranted that they
had the authority to bind Ross to the Agreement and the
ability to deliver the performance services of Ross. Second
Am. Compl. ¶ 20-21 (ECF No. 67.) WCFE duly wired
payments to secure Ross's appearance at the concert, made
preparations and incured expenses for the concert.
Id. ¶¶ 22-26.
8, 2017, Wardlow contacted WCFE and advised that Ross would
not be performing at the Park on June 10, 2017. Id.
¶ 28. Defendants have refused to return all the tendered
deposit monies to WCFE or to reimburse WCFE for its alleged
damages, costs, expenses, and fees, despite WCFE's
demand. Id. ¶¶ 29, 30.
5, 2017, WCFE instituted this action by way of a Complaint
that alleged claims against Ross for breach of contract and
unjust enrichment, and against Ross and four other Defendants
(All Axxess Entertainment, LLC, Anthony Miller, Goodlife, and
Wardlow) for conversion. (ECF No. 1.) WCFE filed a First
Amended Complaint as of right asserting the same claims
against those same Defendants on July 19, 2017. (ECF No. 5.)
Ross filed an Answer to the First Amended Complaint and
Affirmative Defenses on September 5, 2017. (ECF No. 11.) WCFE
filed a Second Amended Complaint on March 12, 2018 and added
Defendants Ross Touring, Symere Woods (“Lil
Uzi”), Uzivert, LLC, Paradigm Talent Agency, and Erin
Larsen. (ECF No. 67.) WCFE's claims arise out of
Ross's alleged material breach of the Agreement in
connection with his last-minute cancellation of the scheduled
June 10, 2017 concert and Defendants' alleged conversion
of monies wired by WCFE to secure Ross's appearance and
performance at the Park. Id.
March and April 2018, Ross Touring and Ross each filed a
Motion to Dismiss for lack of personal jurisdiction and
failure to state a claim. (ECF Nos. 70, 72.) The Court denied
both of those Motions in a Report and Recommendation dated
July 9, 2018, which was subsequently adopted by the District
Court on August 8, 2018. (ECF No. 97.)
Axxess was properly served with the issued summons and the
Second Amended Complaint filed by WCFE in this action.
Pl's Statement of Material Facts. ¶ 7 (ECF No. 138.)
On June 19, 2018, a default was entered by the Clerk of Court
against All Axxess for failure to plead or otherwise defend.
Id. ¶ 8.
March 6, 2019, WCFE filed a Motion for Entry of Default
Judgment (“Motion for Default”) against several
Defendants, including All Axxess, and supporting papers.
Id. ¶ 9. On March 27, 2019, the Court entered
an Order granting the Motion for Default and entering a final
judgment in favor of WCFE and against All Axxess, Anthony
Miller, Goodlife Entertainment L.L.C., and John Wardlow, Jr.,
jointly and severally, in the amount of $296, 458.82 (plus
post-judgment interest). (ECF No. 126.)
has filed the instant Motion for Partial Summary Judgment
asking the Court to hold Defendants Ross and Ross Touring
liable for the default judgment against the other Defendants.
(ECF No. 137.) Defendants Ross and Ross Touring jointly filed
a Brief in Opposition on June 27, 2019 (ECF No. 144.) WCFE