Preview
FILED: NEW YORK COUNTY CLERK 07/22/2016 01:28 PM INDEX NO. 653856/2016
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/22/2016
Exhibit C
Amanda Ardelean
From: Jen Rome
Sent: Thursday, November 12, 2015 1:32 PM
To: Amanda Ardelean
Subject: FW: eyeball | CMJ $7500
Importance: High
From: Eric Bertrand
Sent: Tuesday, October 27, 2015 7:13 PM
To: adam klein
Cc: Jen Rome
Subject: eyeball | CMJ $7500
Importance: High
Adam,
How are you? Neither Jen Rome or I have heard back from you in the past several months. We are giving you until the
end of this week to remit the balance of $5,000, or we are having our attorney, cced on this e‐mail, draft a complaint
and file it against your firm. We will add both legal costs and interest from the outstanding balances after they were
do, so although the current balance is $5,000, the lawsuit will be for a significantly larger amount. Please let us know if
we should expect payment or move forward with the lawsuit.
Thank you.
Eric
From: adam klein [mailto:aklein@abaculi.com]
Sent: Thursday, June 04, 2015 2:03 PM
To: Ben Spivak
Cc: Eric Bertrand; Patty; Kevin Anderson; Jen Rome
Subject: Re: eyeball | CMJ $7500
$2,500 being wired now - I believed this was settled, I’m checking into it.
Adam Klein
-------------------------
Adam Klein
President & CEO
aklein@abaculi.com
(917) 497-7443
1
Amanda Ardelean
From: Jen Rome
Sent: Thursday, November 12, 2015 1:31 PM
To: Amanda Ardelean
Subject: FW: eyeball | CMJ $7500
Attachments: CMJ.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
From: Jen Rome
Sent: Tuesday, October 27, 2015 2:44 PM
To: Eric Bertrand
Subject: FW: eyeball | CMJ $7500
From: Jen Rome
Sent: Friday, September 18, 2015 2:20 PM
To: Eric Bertrand ; aklein@abaculi.com
Subject: RE: eyeball | CMJ $7500
Adam,
I am following up as we have not received a response from you regarding the final payment of 5K still outstanding for
the
CMJ Music Marathon. We have been incredibly patient, and at this point will be contacting our attorneys to pursue legal
action
if this matter is not resolved immediately.
I have attached a copy of the Purchase Order that you signed for the graphics package confirming the authorization
of 15K total for the project. Please get back to us with your intentions so we can proceed accordingly.
Thank you,
Jen Rome
Controller
Eyeball on the Floor, Inc.
From: Eric Bertrand
Sent: Monday, August 31, 2015 3:43 PM
To: aklein@abaculi.com
Cc: Jen Rome
Subject: FW: eyeball | CMJ $7500
Adam,
1
How are you? I am the CFO of eyeball. We have had this outstanding invoice on our books for about a year. The client
has paid $2,500, but $5,000 still remains. I need to get it paid and off our books. Can you advise me on how I can get
this done?
Thanks,
Eric
________________________
Eric J. Bertrand
Partner
eyeball
Office 212.431.5324
Mobile 201.320.2310
www.eyeballnyc.com
From: adam klein [mailto:aklein@abaculi.com]
Sent: Thursday, June 04, 2015 3:30 PM
To: Jen Rome
Cc: Ben Spivak
Subject: Re: eyeball | CMJ $7500
Jen:
Many thanks - it appears Jacqui Moore must have signed this - our problem event accountant! I apologize
again.
Please confirm arrival of today’s wire for $2,500.
AK
-------------------------
Adam Klein
President & CEO
aklein@abaculi.com
(917) 497-7443
On Jun 4, 2015, at 3:22 PM, Jen Rome wrote:
Adam,
The original wire for first 50% was processed on 8/12/14.
2
I’ve attached a copy of the final invoice dated 8/15/14.
Someone on your end signed it at the bottom & sent to us with the unsigned check which I don’t have a
copy of.
I am also sending you the signed PO for the job issued by Abaculi Media.
Thank you for your efforts.
Jen
From: adam klein [mailto:aklein@abaculi.com]
Sent: Thursday, June 04, 2015 2:53 PM
To: Jen Rome
Cc: Ben Spivak
Subject: Re: eyeball | CMJ $7500
Thx - what was the date of the wire please, and do you by any chance have the date and number
of the ‘unsigned’ check? In addition to our own challenges, we had an event accountant that left
us many surprises we have been cleaning up.
Many thanks
AK
-------------------------
Adam Klein
President & CEO
aklein@abaculi.com
(917) 497-7443
On Jun 4, 2015, at 2:50 PM, Jen Rome wrote:
Adam,
The first 50% $7500 was processed via wire.
Reference information is as follows:
From: Adam Klein
Bank: Abaculi Media Inc.
ABA: 665444430
We did receive an unsigned check that we returned to you for the final 50%.
I’m not sure if I have a copy of it on file.
Jen
From: adam klein [mailto:aklein@abaculi.com]
Sent: Thursday, June 04, 2015 2:33 PM
To: Jen Rome
Cc: Ben Spivak
Subject: Re: eyeball | CMJ $7500
Jen:
3
Our bank, City National Bank have all wire services down at the very moment - I
just called them to see why it wasn’t giving me the required transaction # - will
check back later. As it has been authorized, I assume it will be wired today as
soon as their systems are restored - a bit of a crisis for them.
I was asking you to please check if there had been any prior wire payment for the
CMJ event coming form the parent banking account, Abaculi Media Inc., DBA
CMJ.
Best
Adam Klein
-------------------------
Adam Klein
President & CEO
aklein@abaculi.com
(917) 497-7443
On Jun 4, 2015, at 2:21 PM, Jen Rome
wrote:
Thank you.
I will advise once I see it post to our account.
Nothing as of today.
Jen
From: Ben Spivak
Sent: Thursday, June 04, 2015 2:13 PM
To: adam klein
Cc: Jen Rome
Subject: Re: eyeball | CMJ $7500
+Jen in our accounting department.
‐Ben
________________________
Ben Spivak
Managing Partner
eyeball
Office 212.431.5324
Mobile 646.418.4595
www.eyeballnyc.com
4
From: adam klein
Date: Thursday, June 4, 2015 at 2:11 PM
To: Ben Spivak
Subject: Re: eyeball | CMJ $7500
Wire been authorized ‐ are you sure nothing came through at a prior time
from 'Abaculi Media Inc, DBA CMJ'?
Thanks
AK
-------------------------
Adam Klein
President & CEO
aklein@abaculi.com
(917) 497-7443
On Jun 4, 2015, at 2:06 PM, Ben Spivak
wrote:
AOK…
Thank you.
‐Ben
________________________
Ben Spivak
Managing Partner
eyeball
Office 212.431.5324
Mobile 646.418.4595
www.eyeballnyc.com
From: adam klein
Date: Thursday, June 4, 2015 at 2:02 PM
To: Ben Spivak
Cc: Eric Bertrand , Patty
, Kevin Anderson
, Jen Rome
Subject: Re: eyeball | CMJ $7500
$2,500 being wired now ‐ I believed this was settled, I’m
checking into it.
Adam Klein
-------------------------
Adam Klein
President & CEO
aklein@abaculi.com
(917) 497-7443
5
On May 28, 2015, at 1:05 PM, Ben Spivak wrote:
Eric, any updates from Adam?
‐Ben
________________________
Ben Spivak
Managing Partner
eyeball
Office 212.431.5324
Mobile 646.418.4595
www.eyeballnyc.com
From: Ben Spivak
Date: Tuesday, May 26, 2015 at 4:29 PM
To: adam klein
Cc: Patty , Kevin Anderson ,
Eric Bertrand , Jen Rome
Subject: Re: eyeball | CMJ $7500
Good Afternoon…
Adam, please advise on this and make a good faith payment.
This is ridiculous.
Eric, if we don’t hear from Adam in the near future…
Please connect with our counsel and look to collect this $7500.
‐Ben
________________________
Ben Spivak
Managing Partner
eyeball
Office 212.431.5324
Mobile 646.418.4595
www.eyeballnyc.com
From: Ben Spivak
Date: Monday, April 20, 2015 at 1:53 PM
To: adam klein
Cc: Patty , Kevin Anderson ,
Eric Bertrand , Jen Rome
Subject: Re: eyeball | CMJ $7500
Good Afternoons…
2
Any update here?
Please advise when even partial payments can be made.
Thank you.
‐Ben
________________________
Ben Spivak
Managing Partner
eyeball
Office 212.431.5324
Mobile 646.418.4595
www.eyeballnyc.com
From: Ben Spivak
Date: Wednesday, March 4, 2015 at 11:58 AM
To: adam klein
Cc: Patty , Kevin Anderson ,
Eric Bertrand , Jen Rome
Subject: Re: eyeball | CMJ $7500
AOK, thanks for the prompt reply and interest in settling this up in the coming weeks…
I’ll leave you and Jen/Eric in our accounting department to work out payment terms though I’m sure even a
partial payment would be appreciated.
Please do just keep us updated on the expected timeline.
Thank you and good morning…
‐Ben
________________________
Ben Spivak
Managing Partner
eyeball
Office 212.431.5324
Mobile 646.418.4595
www.eyeballnyc.com
From: adam klein
Date: Wednesday, March 4, 2015 at 10:56 AM
To: Ben Spivak
Cc: Patty , Kevin Anderson ,
Eric Bertrand , Jen Rome
Subject: Re: eyeball | CMJ $7500
Ben:
Appreciate the invoice ‐ I am fully aware that we owe you on this invoice and I fully recognize that we are
accountable for it. It is unlikely that we can settle the invoice this week but will be able to by the end of next
week.
I greatly appreciate your patience as we sort out the payment situation from our side.
3
Most sincerely
Adam
-------------------------
Adam Klein
President & CEO
aklein@abaculi.com
(917) 497-7443
PastedGraphic-4.tiffPastedGraphic-5.tiff
On Mar 4, 2015, at 10:48 AM, Ben Spivak wrote:
Adam, you owe us $7500 that is very long overdue.
Please advise and resolve this week.
Attached is the invoice.
‐Ben
________________________
Ben Spivak
Managing Partner
eyeball
Office 212.431.5324
Mobile 646.418.4595
www.eyeballnyc.com
4
Preview
FILED: NEW YORK COUNTY CLERK 07/22/2016 01:28 PM INDEX NO. 653856/2016 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 07/22/2016 Exhibit C Amanda Ardelean From: Jen Rome Sent: Thursday, November 12, 2015 1:32 PM To: Amanda Ardelean Subject: FW: eyeball | CMJ $7500 Importance: High From: Eric Bertrand Sent: Tuesday, October 27, 2015 7:13 PM To: adam klein Cc: Jen Rome Subject: eyeball | CMJ $7500 Importance: High Adam, How are you? Neither Jen Rome or I have heard back from you in the past several months. We are giving you until the end of this week to remit the balance of $5,000, or we are having our attorney, cced on this e‐mail, draft a complaint and file it against your firm. We will add both legal costs and interest from the outstanding balances after they were do, so although the current balance is $5,000, the lawsuit will be for a significantly larger amount. Please let us know if we should expect payment or move forward with the lawsuit. Thank you. Eric From: adam klein [mailto:aklein@abaculi.com] Sent: Thursday, June 04, 2015 2:03 PM To: Ben Spivak Cc: Eric Bertrand; Patty; Kevin Anderson; Jen Rome Subject: Re: eyeball | CMJ $7500 $2,500 being wired now - I believed this was settled, I’m checking into it. Adam Klein ------------------------- Adam Klein President & CEO aklein@abaculi.com (917) 497-7443 1 Amanda Ardelean From: Jen Rome Sent: Thursday, November 12, 2015 1:31 PM To: Amanda Ardelean Subject: FW: eyeball | CMJ $7500 Attachments: CMJ.pdf Follow Up Flag: Follow up Flag Status: Flagged From: Jen Rome Sent: Tuesday, October 27, 2015 2:44 PM To: Eric Bertrand Subject: FW: eyeball | CMJ $7500 From: Jen Rome Sent: Friday, September 18, 2015 2:20 PM To: Eric Bertrand ; aklein@abaculi.com Subject: RE: eyeball | CMJ $7500 Adam, I am following up as we have not received a response from you regarding the final payment of 5K still outstanding for the CMJ Music Marathon. We have been incredibly patient, and at this point will be contacting our attorneys to pursue legal action if this matter is not resolved immediately. I have attached a copy of the Purchase Order that you signed for the graphics package confirming the authorization of 15K total for the project. Please get back to us with your intentions so we can proceed accordingly. Thank you, Jen Rome Controller Eyeball on the Floor, Inc. From: Eric Bertrand Sent: Monday, August 31, 2015 3:43 PM To: aklein@abaculi.com Cc: Jen Rome Subject: FW: eyeball | CMJ $7500 Adam, 1 How are you? I am the CFO of eyeball. We have had this outstanding invoice on our books for about a year. The client has paid $2,500, but $5,000 still remains. I need to get it paid and off our books. Can you advise me on how I can get this done? Thanks, Eric ________________________ Eric J. Bertrand Partner eyeball Office 212.431.5324 Mobile 201.320.2310 www.eyeballnyc.com From: adam klein [mailto:aklein@abaculi.com] Sent: Thursday, June 04, 2015 3:30 PM To: Jen Rome Cc: Ben Spivak Subject: Re: eyeball | CMJ $7500 Jen: Many thanks - it appears Jacqui Moore must have signed this - our problem event accountant! I apologize again. Please confirm arrival of today’s wire for $2,500. AK ------------------------- Adam Klein President & CEO aklein@abaculi.com (917) 497-7443 On Jun 4, 2015, at 3:22 PM, Jen Rome wrote: Adam, The original wire for first 50% was processed on 8/12/14. 2 I’ve attached a copy of the final invoice dated 8/15/14. Someone on your end signed it at the bottom & sent to us with the unsigned check which I don’t have a copy of. I am also sending you the signed PO for the job issued by Abaculi Media. Thank you for your efforts. Jen From: adam klein [mailto:aklein@abaculi.com] Sent: Thursday, June 04, 2015 2:53 PM To: Jen Rome Cc: Ben Spivak Subject: Re: eyeball | CMJ $7500 Thx - what was the date of the wire please, and do you by any chance have the date and number of the ‘unsigned’ check? In addition to our own challenges, we had an event accountant that left us many surprises we have been cleaning up. Many thanks AK ------------------------- Adam Klein President & CEO aklein@abaculi.com (917) 497-7443 On Jun 4, 2015, at 2:50 PM, Jen Rome wrote: Adam, The first 50% $7500 was processed via wire. Reference information is as follows: From: Adam Klein Bank: Abaculi Media Inc. ABA: 665444430 We did receive an unsigned check that we returned to you for the final 50%. I’m not sure if I have a copy of it on file. Jen From: adam klein [mailto:aklein@abaculi.com] Sent: Thursday, June 04, 2015 2:33 PM To: Jen Rome Cc: Ben Spivak Subject: Re: eyeball | CMJ $7500 Jen: 3 Our bank, City National Bank have all wire services down at the very moment - I just called them to see why it wasn’t giving me the required transaction # - will check back later. As it has been authorized, I assume it will be wired today as soon as their systems are restored - a bit of a crisis for them. I was asking you to please check if there had been any prior wire payment for the CMJ event coming form the parent banking account, Abaculi Media Inc., DBA CMJ. Best Adam Klein ------------------------- Adam Klein President & CEO aklein@abaculi.com (917) 497-7443 On Jun 4, 2015, at 2:21 PM, Jen Rome wrote: Thank you. I will advise once I see it post to our account. Nothing as of today. Jen From: Ben Spivak Sent: Thursday, June 04, 2015 2:13 PM To: adam klein Cc: Jen Rome Subject: Re: eyeball | CMJ $7500 +Jen in our accounting department. ‐Ben ________________________ Ben Spivak Managing Partner eyeball Office 212.431.5324 Mobile 646.418.4595 www.eyeballnyc.com 4 From: adam klein Date: Thursday, June 4, 2015 at 2:11 PM To: Ben Spivak Subject: Re: eyeball | CMJ $7500 Wire been authorized ‐ are you sure nothing came through at a prior time from 'Abaculi Media Inc, DBA CMJ'? Thanks AK ------------------------- Adam Klein President & CEO aklein@abaculi.com (917) 497-7443 On Jun 4, 2015, at 2:06 PM, Ben Spivak wrote: AOK… Thank you. ‐Ben ________________________ Ben Spivak Managing Partner eyeball Office 212.431.5324 Mobile 646.418.4595 www.eyeballnyc.com From: adam klein Date: Thursday, June 4, 2015 at 2:02 PM To: Ben Spivak Cc: Eric Bertrand , Patty , Kevin Anderson , Jen Rome Subject: Re: eyeball | CMJ $7500 $2,500 being wired now ‐ I believed this was settled, I’m checking into it. Adam Klein ------------------------- Adam Klein President & CEO aklein@abaculi.com (917) 497-7443 5 On May 28, 2015, at 1:05 PM, Ben Spivak wrote: Eric, any updates from Adam? ‐Ben ________________________ Ben Spivak Managing Partner eyeball Office 212.431.5324 Mobile 646.418.4595 www.eyeballnyc.com From: Ben Spivak Date: Tuesday, May 26, 2015 at 4:29 PM To: adam klein Cc: Patty , Kevin Anderson , Eric Bertrand , Jen Rome Subject: Re: eyeball | CMJ $7500 Good Afternoon… Adam, please advise on this and make a good faith payment. This is ridiculous. Eric, if we don’t hear from Adam in the near future… Please connect with our counsel and look to collect this $7500. ‐Ben ________________________ Ben Spivak Managing Partner eyeball Office 212.431.5324 Mobile 646.418.4595 www.eyeballnyc.com From: Ben Spivak Date: Monday, April 20, 2015 at 1:53 PM To: adam klein Cc: Patty , Kevin Anderson , Eric Bertrand , Jen Rome Subject: Re: eyeball | CMJ $7500 Good Afternoons… 2 Any update here? Please advise when even partial payments can be made. Thank you. ‐Ben ________________________ Ben Spivak Managing Partner eyeball Office 212.431.5324 Mobile 646.418.4595 www.eyeballnyc.com From: Ben Spivak Date: Wednesday, March 4, 2015 at 11:58 AM To: adam klein Cc: Patty , Kevin Anderson , Eric Bertrand , Jen Rome Subject: Re: eyeball | CMJ $7500 AOK, thanks for the prompt reply and interest in settling this up in the coming weeks… I’ll leave you and Jen/Eric in our accounting department to work out payment terms though I’m sure even a partial payment would be appreciated. Please do just keep us updated on the expected timeline. Thank you and good morning… ‐Ben ________________________ Ben Spivak Managing Partner eyeball Office 212.431.5324 Mobile 646.418.4595 www.eyeballnyc.com From: adam klein Date: Wednesday, March 4, 2015 at 10:56 AM To: Ben Spivak Cc: Patty , Kevin Anderson , Eric Bertrand , Jen Rome Subject: Re: eyeball | CMJ $7500 Ben: Appreciate the invoice ‐ I am fully aware that we owe you on this invoice and I fully recognize that we are accountable for it. It is unlikely that we can settle the invoice this week but will be able to by the end of next week. I greatly appreciate your patience as we sort out the payment situation from our side. 3 Most sincerely Adam ------------------------- Adam Klein President & CEO aklein@abaculi.com (917) 497-7443 PastedGraphic-4.tiffPastedGraphic-5.tiff On Mar 4, 2015, at 10:48 AM, Ben Spivak wrote: Adam, you owe us $7500 that is very long overdue. Please advise and resolve this week. Attached is the invoice. ‐Ben ________________________ Ben Spivak Managing Partner eyeball Office 212.431.5324 Mobile 646.418.4595 www.eyeballnyc.com 4