Washington County Family Entertainment, LLC v. Roberts

          District Judge Marilyn J. Horan

          REPORT AND RECOMMENDATION ECF NO.137

          LISA PUPO LENIHAN, UNITED STATES MAGISTRATE JUDGE

         I. RECOMMENDATION

         It is respectfully recommended that the Motion for Partial Summary Judgement filed by Plaintiff Washington County Family Entertainment, LLC (ECF No. 137) be denied.

         II. REPORT

         Pending 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.

         A. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

         The 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.

         On June 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.

         On July 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.

         In 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.)

         All 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.

         On 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.)

         WCFE 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 ...