Preview
FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
Exhibit F
FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
Northeast Case Management Center
Yvonne Baglini
Assistant Vice President
1301 Atwood Avenue, Suite 211N
Johnston, RI 02919
Telephone: (866)293-4053
Fax: (866)644-0234
November 7, 2022
Brett Bustamante, Esq.
Napoli Shkolnik PLLC
400 Broadhollow Road, Suite 305
Melville, NY 11747
Via Email to: bbustamante@napolilaw.com
Darrick Stephens
Upfront Megatainment, Inc.
5207 Sandy Shores Court
Lithonia, GA 30038
Via First Class Mail & Email to: devyne.upfront@gmail.com
Case Number: 01-22-0004-6761
Napoli Shkolnik PLLC & Manson Johnson Conner PLLC
-vs-
Upfront Megatainment, Inc. p/k/a Upfront
Entertainment, Inc. & Darrick "Devyne" Stephens
Dear Parties:
Thank you for choosing the American Arbitration Association (AAA) to assist you in resolving your dispute. The
AAA is committed to providing you with the highest level of service in order to facilitate the resolution of your
dispute. This letter--along with the attached Arbitration Information Sheet, AAA-ICDR® Best Practices Guide for
Maintaining Cybersecurity and Privacy, and AAA-ICDR Cybersecurity Checklist--provide basic information
about the AAA’s arbitration process.
I will be your primary contact for this matter and am here to serve as your resource during the administration of
your case. Please do not hesitate to contact me directly with any questions, issues, or concerns.
This will acknowledge receipt on November 4, 2022 of a Demand for Arbitration dated the same, providing for
administration of a controversy arising out of a contract between the above-captioned parties, containing a clause
providing for administration by the AAA. We understand that a copy was sent to Respondent. A copy of our
Commercial Arbitration Rules may be obtained from our website at www.adr.org.
Pursuant to the parties’ arbitration clause, the hearing locale shall be New York County, NY. In accordance with
the Rules, Respondent may file an answering statement with the AAA within 14 calendar days from the date of
this letter, November 21, 2022. If no answering statement is filed within the stated time, the respondent will be
deemed to deny the claim. Failure to file an answering statement shall not delay the arbitration from proceeding
forward.
A Respondent may file a counterclaim at any time after notice of the filing of the Demand. If a counterclaim is
asserted, it shall meet all filing requirements as described in the Rules. The filing fee, as prescribed in the
applicable AAA Fee Schedule, must be paid at the time of filing. Counterclaims that do not meet the filing
requirements will not be presented to the arbitrator until such time the filing is perfected. If the deficiencies are
not cured by the date specified by the AAA, the counterclaim may be returned to the filing party.
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Inasmuch as the claim exceeds $100,000, the parties shall mediate their dispute pursuant to AAA’s Commercial
Mediation Procedures, or as otherwise agreed upon by the parties, in accordance with Rule R-10 (Mediation).
Absent agreement of the parties, the mediation shall take place concurrently with the arbitration and shall not
serve to delay the arbitration proceedings. The parties may mediate their dispute at any time while the arbitration
is pending. Any party may unilaterally opt-out of this rule upon notification to the AAA and the other parties to
the arbitration.
Some of the benefits of the Association’s Mediation services are as follows:
• Mediation will neither impede nor delay the arbitration process; your arbitration schedule will remain on
track with no time lost.
• Contingent on party schedules, a mediation conference can be scheduled very quickly, typically at a lower
cost than arbitration.
• Mediation settlements have been reached in over 80% of our cases, the majority of which have been
completed in one day.
• There are no additional administrative filing fees for parties to a pending arbitration who wish to attempt to
mediate their dispute under the auspices of the AAA.
• After a brief joint session, the mediator may work privately with each party. Because these discussions
with the mediator are private, original positions and confidences are not violated and each party may
more fully test their perception of the facts, issues and legal theories pertinent to the case.
• Mediation is a confidential process that is similar in nature to the unofficial settlement negotiations that
may occur between parties.
• The mediator will primarily assist the parties in communicating, and may encourage the parties to focus on
interests not previously considered, or open-ended discussion in areas inadequately developed previously.
The mediator will help to find solutions acceptable to both parties.
• Unlike an arbitrator, a mediator does not have the authority to make any decisions that are binding upon the
parties. As such, the parties may discontinue at any time if they feel the process is not productive.
•
Given the success rate and the obvious economic advantages to your clients, we believe that mediation in this
matter may be beneficial. Our mediators, consisting of attorneys, non-attorneys and retired judges, are drawn from
a specially compiled panel of experienced, respected neutrals within their fields.
If the parties would like to pursue mediation, please let us know on or before November 18, 2022, and a list of
mediators suited to this case will be provided for party selection.
An Administrative Conference call has been scheduled as follows:
Date/Time: Friday, November 18, 2022 at 10:00 AM ET
Click Link: https://meet.loopup.com/7DSVCMF
Or, if you are offline, dial in: (855) 633-2040; Guest Dial-in Code: 2319838#
When you click the link above to join the LoopUp conference call, the webpage will prompt you to enter your
name and phone number. LoopUp will then call your phone, giving you access to the administrative conference
and allowing you to see the names of the other attendees.
The purpose of the administrative conference is to assist the AAA in administering your case more efficiently and
expeditiously. Please see the attached Information Sheet for further information about the topics that will be
covered during the call.
To help arbitrators during the appointment process, the parties must complete a Checklist for Conflicts form. This
form helps to avoid the possibility of a last-minute disclosure and/or disqualification of the arbitrator. Parties are
requested to provide the full and complete names of all persons, firms, companies or other entities involved in this
matter including, but not limited to, subsidiaries, related entities, witnesses, consultants, and attorneys. Arbitrators
may need to divulge any relevant information in order to make necessary disclosures, in accordance with the
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rules. This form is not a preliminary or final witness list, and the AAA will not share your Checklist with the
opposing party and the parties are not required to exchange them. The Checklist is due by November 21, 2022,
and may be completed online via the AAA's WebFile at www.adr.org. Subsequent updates to the Checklist may
be completed at any time.
Payments can be paid online using our Quick Pay option. A unique Pay PIN can be found on your invoice. To pay
an invoice or statement, please visit www.adr.org, select “File or Access Your Case” and then choose “Quick Pay
an Invoice.”
If you have a Webfile account, you should see this case listed when you log in. If you do not see the case number
when you login, please contact the undersigned. If you do not have a Webfile account, please email a request for a
registration code to: customerservice@adr.org and they will send you an email with the code and instructions for
registering for immediate case access.
Please feel free to call if you have any questions. I look forward to assisting you in this matter.
Sincerely,
/s/
Marlaina Moran, on behalf of,
Eve Turner
Manager of ADR Services
Direct Dial: (401)431-4774
Email: eveturner@adr.org
Enclosure
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Arbitration Information Sheet
This document provides information about your upcoming arbitration and the expectations concerning each
party’s conduct throughout the process. Please save this information sheet so that you may refer to it throughout
the arbitration.
Administrative Conference - The AAA may conduct an Administrative Conference with the parties to discuss
issues that will assist the AAA in administering the case as efficiently as possible. This is also a good time for the
parties to discuss ways to conduct the arbitration to meet their specific needs. Please be prepared to discuss the
following:
• Estimates on the expected duration of the case;
• Number of arbitrators/party-appointed arbitrator provision;
• Method of appointment of arbitrators, if applicable;
• Your views on the qualifications of the arbitrators to be proposed;
• The possibility of submitting this dispute to mediation;
• The handling of extension requests;
• Reminder for parties to review the AAA-ICDR® Best Practices Guide for Maintaining Cybersecurity and
Privacy;
• Means of communication between the AAA and the parties;
• The possibility of utilizing a documents only process.
Exchange of Correspondence and Documents - It is also important to note that the parties must exchange
copies of all correspondence during the course of the arbitration. The two exceptions are the Checklist for
Conflicts mentioned above and the party’s arbitrator ranking list, which you will receive further information on
during the course of the arbitrator appointment process. The parties only need to send copies of documents, such
as discovery, to the AAA if the document is to be transmitted to the arbitrator for a determination.
Communications with Arbitrator - It is very important that parties do not engage in any ex-parte
communications with the arbitrator. So as to minimize the potential of such communications, this case will be
administered by facilitating the exchange of appropriate written documents through the AAA. To ensure the
proper handling of all case-related documents, the parties are asked not to submit correspondence directly to the
arbitrator. Correspondence should be submitted to your primary contact for transmittal to the arbitrator, copying
the other party.
Timeliness of Filings - Please pay particular attention to response dates included on any correspondence sent to
you by the AAA. Untimely filings or responses will not be considered by the AAA. Therefore, if you need an
extension to any deadline, please contact the other party to reach an agreement. In the event you are unable to
agree, the AAA or the arbitrator will determine if an extension will be granted.
International Arbitrations - If either party believes a matter involves an arbitration agreement between parties
from different countries or otherwise has an international nexus that may give rise to unique issues, please let the
AAA know within fifteen days. The International Centre for Dispute Resolution (ICDR, www.ICDR.org ) is a
Division of the AAA that administers international arbitrations worldwide, including in the US. The ICDR is
available for assistance in any arbitration handled by the AAA, or, alternatively, can administer the case, if both
parties agree. The AAA can also apply its Supplementary Procedures for International Arbitration under any of its
Rules. The Supplementary Procedures are available on either www.ADR.org or www.ICDR.org.
Locale of the Arbitration - The parties may agree to a locale for the arbitration. This agreement can be made in
the parties’ agreement or contract, or when the arbitration is submitted to the AAA. The AAA will place the
arbitration within the agreed upon locale.
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When the parties’ arbitration agreement is silent or ambiguous with respect to locale, and the parties disagree as
to locale, the AAA may determine the place of arbitration, subject to the power of the arbitrator after appointment,
to make a final determination on the locale.
In these circumstances, the Claimant will generally request that the hearing be held in a specific locale. If the
Respondent fails to file an objection to the locale requested by the Claimant within 14 calendar days after the
notice of the request has been sent to the Respondent by the AAA, the AAA will confirm the locale requested by
the Claimant is agreeable.
When a locale objection is filed, each party is requested to submit written statements regarding its reasons for
preferring a specific locale. In preparing their written statements, the parties are asked by the administrator to
address the following issues:
• Location of parties & attorneys;
• Location of witness and documents;
• Location of records;
• If construction, location of site, place or materials and the necessity of an on-site inspection;
• Consideration of relative difficulty in traveling and cost to the parties;
• Place of performance of contract;
• Place of previous court actions;
• Location of most appropriate panel;
• Any other reasonable arguments that might affect the locale determination.
AAA WebFile - We encourage the parties to visit our website to learn more about how to file and manage your
cases online. As part of our administrative service, AAA's WebFile allows parties to perform a variety of case
related activities, including:
• File additional claims;
• Complete and update the Checklist for Conflicts form;
• View invoices and submit payment;
• Merge forms that auto-populate with case and party information;
• Share and manage documents;
• Strike and rank listed neutrals;
• Review case status or hearing dates and times;
• Upload hearing exhibits in a dedicated space activated by the arbitrator.
AAA WebFile provides flexibility because it allows you to work online as your schedule permits - day or night.
Cases originally filed in the traditional offline manner can also be viewed and managed online. If the case does
not show up when you log in, please contact your AAA case manager to request access.
Refund Schedule - The AAA has a refund schedule in the administrative fee section of the Rules. After 60 days
of the AAA’s receipt of the Demand or the appointment of the arbitrator the filing fees are non-refundable. The
AAA will only refund filing fees as outlined in the Rules and does not refund neutral costs incurred when parties
settle their dispute or withdraw their claims. Case service Final fees are fully refundable if the parties provide at
least 24 hours’ notice prior to the hearing.
Revised 12/17/2020
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Billing Information Sheet
Deposits - After the preliminary management hearing, the arbitrator will notify the case manager how much time
is anticipated for the arbitration process. The Manager of ADR Services will then notify the parties of this
amount. Once billing is entered into our system an invoice is automatically generated and transmitted within 2
weeks. Should you need an immediate copy to expedite payment please contact your case manager. Your
Invoice/Statement includes a list of “Payment Options.” If paying by check, please make it payable to “American
Arbitration Association” and send it to your case manager’s attention at the office address specified on the
“Payment Options” page of your Invoice/Statement. These deposits are typically due thirty days prior to the
evidentiary hearings, but this may vary depending on the schedule specific to this case.
At the conclusion of the preliminary management hearing, the parties’ representatives and the Manager of ADR
Services may discuss the AAA’s billing and deposit practices with regard to covering the arbitrator’s anticipated
fees and expenses for the entire proceeding. We ask that the representatives discuss this with their clients prior to
the conference so that any questions they may have can be addressed.
Deposits are typically due thirty days prior to the first evidentiary hearing and failure to make deposits by the
established due date may result in the arbitrator suspending the proceeding. Therefore, please comply with all
established due dates for payment in order to avoid interruption in the progress of the case. All unused deposits
shall be promptly refunded.
Parties are also reminded that you may view case financial information, as well as make payments with a credit
card online via AAA’s WebFile.
Compensation to the arbitrator represents an independent obligation of the parties, and it is understood that the
AAA has no liability, direct or indirect, for such payment. Each party shall promptly deposit in advance with the
AAA such sums of money as required by the administrator to defray the costs of the arbitrator(s) fees.
Compensation incurred will be deducted from deposits on hand, if any.
Abeyance Fee - Should parties agree, it is the policy of the Association to hold cases in abeyance for up to one
year. The parties may continue to hold the matter in abeyance beyond that period providing they remit a payment
of $500.00 to the AAA to cover the administrative expense of continued tracking of such cases.
Final Fee - The Final Fee covers all AAA services from the time a hearing is scheduled to when the case is
awarded, settled or withdrawn. The Final Fee is billed after an arbitrator has been appointed and a hearing has
been scheduled and is payable in advance of the first scheduled hearing. The Final Fee will be incurred for all
cases that proceed to their first evidentiary regardless of whether that hearing is held in person, via video
conference, or via telephone and is payable by each party filing a claim or counterclaim, pursuant to the
applicable fee schedule. If a hearing does not take place, the Final Fee will be fully refunded if the parties provide
at least 24 hours’ notice prior to the hearing.
Refund Schedule - The AAA has a refund schedule in the administrative fee section of the Rules. After 60 days
of the AAA’s receipt of the Demand or the appointment of the arbitrator the filing fees are non-refundable. The
AAA will only refund filing fees as outlined in the Rules and does not refund arbitrator costs incurred when
parties settle their dispute or withdraw their claims. The date of receipt by the AAA of the demand for arbitration
will be used to calculate refunds of both claims and counterclaims.
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From:Movit, Jeffrey
Sent: Wednesday,November 09, 2022 10:53 AM
To: AAA Eve Turner; 'Brett Bustamante'
Cc:'Salvatore C. Badala'; 'PNapoli@NSPRLaw.com'
Subject:FW EXTERNAL Fwd Napoli Shkolnik PLLC Manson Johnson Conner v
Upfront Megatainment Inc pka Upfront Case 012200046761
*** External E-Mail – Use Caution ***
Dear Ms. Turner and Mr. Bustamante:
As Mr. Bustamante and his clients are fully aware, I am litigation counsel for
Upfront Megatainment and Darrick Stephens, including in connection with his
legal disputes against Napoli Shkolnik PLLC & Manson Johnson Conner (the
“Law Firms”).
This morning I received the email below (with attachments) from my clients. I am
not in receipt of any other documents pertaining to this apparent arbitration; I do
not have (by way of example) a Demand For Arbitration.
It appears from this email (and attachments) that the Law Firms have
commenced an arbitration against my clients through the AAA, without notifying
the AAA (as the Law Firms fully know) that I am litigation counsel for Mr.
Stephens.
It further appears that, to the extent that any Demand for Arbitration or other
correspondence relating to this Arbitration were allegedly served upon Mr.
Stephens, then the Law Firm directly sent them to Mr. Stephens (circumventing
his counsel), in contravention of ethical rules prohibiting attorneys from
communicating directly with represented parties.
I hereby request a copy of any and all documents that have been served and
filed with respect to this Arbitration, and I reserve all of my clients’ rights and
remedies against the Law Firms.
7
FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
Thank you very much.
Sincerely,
Jeffrey M. Movit | Partner, through his professional corporation
T: 917.546.7708 | jmm@msk.com
Mitchell Silberberg & Knupp LLP | www.msk.com
437 Madison Ave., 25th Floor, New York, NY 10022
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED
ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE
DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY-
CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE,
DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS
STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E-
MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL
ATTACHMENTS FROM YOUR SYSTEM. THANK YOU.
From: devyne stephens
Sent: Wednesday, November 9, 2022 6:48 AM
To: Movit, Jeffrey
Subject: [EXTERNAL] Fwd: Napoli Shkolnik PLLC & Manson Johnson Conner v.
Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761
-EXTERNAL MESSAGE-
8
FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
Sent from my iPhone
Begin forwarded message:
From: eveturner@adr.org
Date: November 7, 2022 at 12:35:23 PM EST
To: devyne.upfront@gmail.com, eveturner@adr.org
Subject: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront
Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761
Hello,
Please review the attached correspondence regarding the above-referenced
case.
Feel free to contact me with any questions, comments or concerns you have
related to this matter.
Thank you.
[Logo]
AAA Eve Turner
Manager of ADR Services
American Arbitration Association
T: 401 431 4774 F: 866 644 0234 E:
EveTurner@adr.org
1301 Atwood Ave, Suite 211N, Johnston, RI 02919
adr.org | icdr.org |
aaamediation.org
[cid:imagee6dbb8.PNG@40583cbf.4eb800c9]
The information in this transmittal (including attachments, if any) is privileged
and/or confidential and is intended only for the recipient(s) listed above. Any
review, use, disclosure, distribution or copying of this transmittal is prohibited
except by or on behalf of the intended recipient. If you have received this
transmittal in error, please notify me immediately by reply email and destroy
all copies of the transmittal. Thank you.
9
FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
From:Movit, Jeffrey
Sent: Wednesday,November 09, 2022 1:11 PM
To: AAA Eve Turner; 'Brett Bustamante'
Cc:'Salvatore C. Badala'; 'PNapoli@NSPRLaw.com'; Nguyen, Elaine
Subject:RE EXTERNAL Fwd Napoli Shkolnik PLLC Manson Johnson Conner v
Upfront Megatainment Inc pka Upfront Case 012200046761
*** External E-Mail – Use Caution ***
Thank you. Please add my colleague Elaine Nguyen as counsel as well.
Sincerely,
Jeffrey M. Movit | Partner, through his professional corporation
T: 917.546.7708 | jmm@msk.com
Mitchell Silberberg & Knupp LLP | www.msk.com
437 Madison Ave., 25th Floor, New York, NY 10022
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED
ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE
DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY-
CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE,
DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS
STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E-
MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL
ATTACHMENTS FROM YOUR SYSTEM. THANK YOU.
From: AAA Eve Turner
Sent: Wednesday, November 9, 2022 1:03 PM
To: Movit, Jeffrey ; 'Brett Bustamante'
10
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
Cc: 'Salvatore C. Badala' ;
'PNapoli@NSPRLaw.com'
Subject: RE: [EXTERNAL] Fwd: Napoli Shkolnik PLLC & Manson Johnson
Conner v. Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761
-EXTERNAL MESSAGE-
Dear Counsel,
This is confirmation Mr. Movit has been added to this matter as counsel for
Respondents.
Should you have any questions, please contact me directly.
Thank you,
Marlaina Moran, on behalf of,
AAA Eve Turner
Manager of ADR Services
American Arbitration Association
T: 401 431 4774 F: 866 644 0234 E: EveTurner@adr.org
1301 Atwood Ave, Suite 211N, Johnston, RI 02919
adr.org | icdr.org | aaamediation.org
11
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
The information in this transmittal (including attachments, if any) is privileged
and/or confidential and is intended only for the recipient(s) listed above. Any
review, use, disclosure, distribution or copying of this transmittal is prohibited
except by or on behalf of the intended recipient. If you have received this
transmittal in error, please notify me immediately by reply email and destroy all
copies of the transmittal. Thank you.
From: Movit, Jeffrey
Sent: Wednesday, November 9, 2022 10:54 AM
To: AAA Eve Turner ; 'Brett Bustamante'
Cc: 'Salvatore C. Badala' ;
'PNapoli@NSPRLaw.com'
Subject: FW: [EXTERNAL] Fwd: Napoli Shkolnik PLLC & Manson Johnson
Conner v. Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761
*** External E-Mail – Use Caution ***
Dear Ms. Turner and Mr. Bustamante:
As Mr. Bustamante and his clients are fully aware, I am litigation counsel for
Upfront Megatainment and Darrick Stephens, including in connection with his
legal disputes against Napoli Shkolnik PLLC & Manson Johnson Conner (the
“Law Firms”).
This morning I received the email below (with attachments) from my clients. I am
not in receipt of any other documents pertaining to this apparent arbitration; I do
not have (by way of example) a Demand For Arbitration.
It appears from this email (and attachments) that the Law Firms have
commenced an arbitration against my clients through the AAA, without notifying
the AAA (as the Law Firms fully know) that I am litigation counsel for Mr.
Stephens.
12
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It further appears that, to the extent that any Demand for Arbitration or other
correspondence relating to this Arbitration were allegedly served upon Mr.
Stephens, then the Law Firm directly sent them to Mr. Stephens (circumventing
his counsel), in contravention of ethical rules prohibiting attorneys from
communicating directly with represented parties.
I hereby request a copy of any and all documents that have been served and
filed with respect to this Arbitration, and I reserve all of my clients’ rights and
remedies against the Law Firms.
Thank you very much.
Sincerely,
Jeffrey M. Movit | Partner, through his professional corporation
T: 917.546.7708 | jmm@msk.com
Mitchell Silberberg & Knupp LLP | www.msk.com
437 Madison Ave., 25th Floor, New York, NY 10022
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED
ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE
DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY-
CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND
CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE,
DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS
STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E-
MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL
ATTACHMENTS FROM YOUR SYSTEM. THANK YOU.
13
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
From: devyne stephens
Sent: Wednesday, November 9, 2022 6:48 AM
To: Movit, Jeffrey
Subject: [EXTERNAL] Fwd: Napoli Shkolnik PLLC & Manson Johnson Conner v.
Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761
-EXTERNAL MESSAGE-
Sent from my iPhone
Begin forwarded message:
From: eveturner@adr.org
Date: November 7, 2022 at 12:35:23 PM EST
To: devyne.upfront@gmail.com, eveturner@adr.org
Subject: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront
Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761
Hello,
Please review the attached correspondence regarding the above-referenced
case.
Feel free to contact me with any questions, comments or concerns you have
related to this matter.
Thank you.
[Logo]
AAA Eve Turner
Manager of ADR Services
American Arbitration Association
T: 401 431 4774 F: 866 644 0234 E:
EveTurner@adr.org
1301 Atwood Ave, Suite 211N, Johnston, RI 02919
adr.org | icdr.org |
aaamediation.org
14
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[cid:imagee6dbb8.PNG@40583cbf.4eb800c9]
The information in this transmittal (including attachments, if any) is privileged
and/or confidential and is intended only for the recipient(s) listed above. Any
review, use, disclosure, distribution or copying of this transmittal is prohibited
except by or on behalf of the intended recipient. If you have received this
transmittal in error, please notify me immediately by reply email and destroy
all copies of the transmittal. Thank you.
15
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
AMERICAN ARBITRATION ASSOCIATION
CHECKLIST FOR CONFLICTS
In the Matter of the Arbitration between:
Napoli Shkolnik PLLC & Manson Johnson Conner
PLLC
Vs.
Upfront Megatainment, Inc. p/k/a Upfront
Entertainment, Inc. & Darrick "Devyne" Stephens
Case Manager: Eve Turner Case Number: 01-22-0004-6761
To avoid the possibility of a last-minute disclosure and/or disqualification of the Arbitrator or Arbitrators
pursuant to the rules, we must advise the Arbitrator or Arbitrators of the full and complete names of all
persons, firms, companies or other entities involved in this matter. Please list below the full names of all
interested parties in this case, including, but not limited to, witnesses, consultants, and attorneys. In order
to avoid conflicts of interest, parties are requested to also list subsidiary and other related entities. This
form will only be used as a list for conflicts, not a preliminary or final witness list. Please note that the AAA
will not divulge this information to the opposing party and the parties are not required to exchange this list.
This form will, however, be submitted to the Arbitrator or Arbitrators together with the filing papers. You
should be aware that arbitrators will need to divulge any relevant information in order to make appropriate
and necessary disclosures in accordance with the applicable arbitration rules.
Name Affiliation Address
Brett Bustamante Counsel for Claimant 400 Broadhollow Road, Suite
305 New York, Melville,
United States, 11747
Napoli Shkolnik PLLC Claimant 360 Lexington Avenue 11th
Floor, New York, New York,
United States, 10017
Wallace O. Fortune, Director interested party 10960 Wilshire Blvd. CA, Los
NKFSB, LLC Angeles, USA, 90024
Aliaune Thiam a/k/a Akon interested party c/o Jonathan Davis 10
Rockefeller Plaza, Suite 1015,
NY, New York, 10020
Jonathan Davis PC representative for Interested 10 Rockefeller Plaza, Ste
party Aliaune Thiam a/k/a 1015 New York, New York,
Akon 10020
Paul Napoli interested party 1302 Avienda Ponce de Leon
Puerto Rico, Santurce,
Puerto Rico, 00907
Jeffrey Movit Counsel for Respondents 437 Madison Avenue, 25th
Floor NY, New York, 10022
Manson Johnson Conner Claimant 1720 West End Avenue, Ste.
PLLC 300 TN, Nashville, USA,
37203
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
AMERICAN ARBITRATION ASSOCIATION
CHECKLIST FOR CONFLICTS
Name Affiliation Address
Darrick "Devyne" Stephens Respondent 5207 Sandy Shores Ct GA,
Lithonia, USA, 30038
MSK, a prefessional Counsel firm for respondents 437 Madison Ave., 25th Floor
corporation NY, New York, 10022
Submitted Online by: Napoli Shkolnik PLLC & Manson Johnson Conner
Dated: Nov 18, 2022
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NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
Nestor Galarza
From: eveturner@adr.org
Sent: Monday, November 21, 2022 2:40 PM
To: eln@msk.com; Brett Bustamante; jmm@msk.com; Nestor Galarza
Subject: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront Megatainment, Inc. f/k/a Upfront - Case
01-22-0004-6761
Attachments: CM044.pdf; CM099.rtf; CM066.rtf; CM090.rtf
Hello,
Please review the attached correspondence regarding the above‐referenced case.
Feel free to contact me with any questions, comments or concerns you have related to this matter.
Thank you.
AAA Eve Turner
Manager of ADR Services
American Arbitration Association
T: 401 431 4774 F: 866 644 0234 E: EveTurner@adr.org
1301 Atwood Ave, Suite 211N, Johnston, RI 02919
adr.org | icdr.org | aaamediation.org
The information in this transmittal (including attachments, if any) is privileged and/or confidential and is intended only for the recipient(s) listed above. Any review,
use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error,
please notify me immediately by reply email and destroy all copies of the transmittal. Thank you.
1
18
FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023
NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023
Northeast Case Management Center
Yvonne Baglini
Assistant Vice President
1301 Atwood Avenue, Suite 211N
Johnston, RI 02919
Telephone: (866)293-4053
Fax: (866)644-0234
November 21, 2022
Brett Bustamante, Esq.
Napoli Shkolnik PLLC
400 Broadhollow Road, Suite 305
Melville, NY 11747
Via Email to: bbustamante@napolilaw.com
Jeffrey Movit, Esq.
Mitchell Silberberg & Knupp
437 Madison Avenue, 25th Floor
New York, NY 10022
Via Email to: jmm@msk.com
Case Number: 01-22-0004-6761
Napoli Shkolnik PLLC & Manson Johnson Conner PLLC
-vs-
Upfront Megatainment, Inc. f/k/a Upfront
Entertainment, Inc. and Darrick Stephens p/k/a Devyne Stephens
Dear Counsel:
This will confirm that an administrative conference call with Brett Bustamante, Esq. and Nestor Galarza Esq. on behalf
of Claimant, and Jeffrey Movit, Esq. and Elaine Nguyen, Esq. on behalf of Respondents, was held on November 18,
2022
The case caption was updated to include Darrick Stephens p/k/a Devyne Stephens.
Per the parties’ contract, the hearing locale in this matter is New York, NY. Parties are amenable to further discussion
regarding the method of hearing with the Arbitrator, once appointed. Parties are reminded that the Arbitrator has the
authority to determine method of hearings.
The parties estimate that this matter will require approximately 1-2 days of hearing and that the hearing should take
place by Middle/Fall of 2023.
In accordance with the Rules, if Respondent does not answer on or before November 21, 2022, we will assume that the
claim is denied. If Respondent wishes to counterclaim, please email the counterclaim to the undersigned, together with
the administrative fee. A copy of the counterclaim should be directly sent to Claimant.
In accordance with the Rules, the AAA will appoint one arbitrator to hear and determine this dispute. The parties have
requested that the arbitrator list consist of the following expertise: familiarity with contract disputes, attorney/client
disputes, malpractice disputes and familiar with the music industry.
In order to assist the arbitrator with providing full disclosures, please complete your Checklist for Conflicts online
through AAA’s WebFile at www.adr.org. If you do not have a WebFile account please contact the undersigned. Please
list those witnesses you expect to present, as well as any persons or entities with an interest in these proceedings. The
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checklist should only be shared w
Preview
FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Exhibit F FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Northeast Case Management Center Yvonne Baglini Assistant Vice President 1301 Atwood Avenue, Suite 211N Johnston, RI 02919 Telephone: (866)293-4053 Fax: (866)644-0234 November 7, 2022 Brett Bustamante, Esq. Napoli Shkolnik PLLC 400 Broadhollow Road, Suite 305 Melville, NY 11747 Via Email to: bbustamante@napolilaw.com Darrick Stephens Upfront Megatainment, Inc. 5207 Sandy Shores Court Lithonia, GA 30038 Via First Class Mail & Email to: devyne.upfront@gmail.com Case Number: 01-22-0004-6761 Napoli Shkolnik PLLC & Manson Johnson Conner PLLC -vs- Upfront Megatainment, Inc. p/k/a Upfront Entertainment, Inc. & Darrick "Devyne" Stephens Dear Parties: Thank you for choosing the American Arbitration Association (AAA) to assist you in resolving your dispute. The AAA is committed to providing you with the highest level of service in order to facilitate the resolution of your dispute. This letter--along with the attached Arbitration Information Sheet, AAA-ICDR® Best Practices Guide for Maintaining Cybersecurity and Privacy, and AAA-ICDR Cybersecurity Checklist--provide basic information about the AAA’s arbitration process. I will be your primary contact for this matter and am here to serve as your resource during the administration of your case. Please do not hesitate to contact me directly with any questions, issues, or concerns. This will acknowledge receipt on November 4, 2022 of a Demand for Arbitration dated the same, providing for administration of a controversy arising out of a contract between the above-captioned parties, containing a clause providing for administration by the AAA. We understand that a copy was sent to Respondent. A copy of our Commercial Arbitration Rules may be obtained from our website at www.adr.org. Pursuant to the parties’ arbitration clause, the hearing locale shall be New York County, NY. In accordance with the Rules, Respondent may file an answering statement with the AAA within 14 calendar days from the date of this letter, November 21, 2022. If no answering statement is filed within the stated time, the respondent will be deemed to deny the claim. Failure to file an answering statement shall not delay the arbitration from proceeding forward. A Respondent may file a counterclaim at any time after notice of the filing of the Demand. If a counterclaim is asserted, it shall meet all filing requirements as described in the Rules. The filing fee, as prescribed in the applicable AAA Fee Schedule, must be paid at the time of filing. Counterclaims that do not meet the filing requirements will not be presented to the arbitrator until such time the filing is perfected. If the deficiencies are not cured by the date specified by the AAA, the counterclaim may be returned to the filing party. 1 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Inasmuch as the claim exceeds $100,000, the parties shall mediate their dispute pursuant to AAA’s Commercial Mediation Procedures, or as otherwise agreed upon by the parties, in accordance with Rule R-10 (Mediation). Absent agreement of the parties, the mediation shall take place concurrently with the arbitration and shall not serve to delay the arbitration proceedings. The parties may mediate their dispute at any time while the arbitration is pending. Any party may unilaterally opt-out of this rule upon notification to the AAA and the other parties to the arbitration. Some of the benefits of the Association’s Mediation services are as follows: • Mediation will neither impede nor delay the arbitration process; your arbitration schedule will remain on track with no time lost. • Contingent on party schedules, a mediation conference can be scheduled very quickly, typically at a lower cost than arbitration. • Mediation settlements have been reached in over 80% of our cases, the majority of which have been completed in one day. • There are no additional administrative filing fees for parties to a pending arbitration who wish to attempt to mediate their dispute under the auspices of the AAA. • After a brief joint session, the mediator may work privately with each party. Because these discussions with the mediator are private, original positions and confidences are not violated and each party may more fully test their perception of the facts, issues and legal theories pertinent to the case. • Mediation is a confidential process that is similar in nature to the unofficial settlement negotiations that may occur between parties. • The mediator will primarily assist the parties in communicating, and may encourage the parties to focus on interests not previously considered, or open-ended discussion in areas inadequately developed previously. The mediator will help to find solutions acceptable to both parties. • Unlike an arbitrator, a mediator does not have the authority to make any decisions that are binding upon the parties. As such, the parties may discontinue at any time if they feel the process is not productive. • Given the success rate and the obvious economic advantages to your clients, we believe that mediation in this matter may be beneficial. Our mediators, consisting of attorneys, non-attorneys and retired judges, are drawn from a specially compiled panel of experienced, respected neutrals within their fields. If the parties would like to pursue mediation, please let us know on or before November 18, 2022, and a list of mediators suited to this case will be provided for party selection. An Administrative Conference call has been scheduled as follows: Date/Time: Friday, November 18, 2022 at 10:00 AM ET Click Link: https://meet.loopup.com/7DSVCMF Or, if you are offline, dial in: (855) 633-2040; Guest Dial-in Code: 2319838# When you click the link above to join the LoopUp conference call, the webpage will prompt you to enter your name and phone number. LoopUp will then call your phone, giving you access to the administrative conference and allowing you to see the names of the other attendees. The purpose of the administrative conference is to assist the AAA in administering your case more efficiently and expeditiously. Please see the attached Information Sheet for further information about the topics that will be covered during the call. To help arbitrators during the appointment process, the parties must complete a Checklist for Conflicts form. This form helps to avoid the possibility of a last-minute disclosure and/or disqualification of the arbitrator. Parties are requested to provide the full and complete names of all persons, firms, companies or other entities involved in this matter including, but not limited to, subsidiaries, related entities, witnesses, consultants, and attorneys. Arbitrators may need to divulge any relevant information in order to make necessary disclosures, in accordance with the 2 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 rules. This form is not a preliminary or final witness list, and the AAA will not share your Checklist with the opposing party and the parties are not required to exchange them. The Checklist is due by November 21, 2022, and may be completed online via the AAA's WebFile at www.adr.org. Subsequent updates to the Checklist may be completed at any time. Payments can be paid online using our Quick Pay option. A unique Pay PIN can be found on your invoice. To pay an invoice or statement, please visit www.adr.org, select “File or Access Your Case” and then choose “Quick Pay an Invoice.” If you have a Webfile account, you should see this case listed when you log in. If you do not see the case number when you login, please contact the undersigned. If you do not have a Webfile account, please email a request for a registration code to: customerservice@adr.org and they will send you an email with the code and instructions for registering for immediate case access. Please feel free to call if you have any questions. I look forward to assisting you in this matter. Sincerely, /s/ Marlaina Moran, on behalf of, Eve Turner Manager of ADR Services Direct Dial: (401)431-4774 Email: eveturner@adr.org Enclosure 3 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Arbitration Information Sheet This document provides information about your upcoming arbitration and the expectations concerning each party’s conduct throughout the process. Please save this information sheet so that you may refer to it throughout the arbitration. Administrative Conference - The AAA may conduct an Administrative Conference with the parties to discuss issues that will assist the AAA in administering the case as efficiently as possible. This is also a good time for the parties to discuss ways to conduct the arbitration to meet their specific needs. Please be prepared to discuss the following: • Estimates on the expected duration of the case; • Number of arbitrators/party-appointed arbitrator provision; • Method of appointment of arbitrators, if applicable; • Your views on the qualifications of the arbitrators to be proposed; • The possibility of submitting this dispute to mediation; • The handling of extension requests; • Reminder for parties to review the AAA-ICDR® Best Practices Guide for Maintaining Cybersecurity and Privacy; • Means of communication between the AAA and the parties; • The possibility of utilizing a documents only process. Exchange of Correspondence and Documents - It is also important to note that the parties must exchange copies of all correspondence during the course of the arbitration. The two exceptions are the Checklist for Conflicts mentioned above and the party’s arbitrator ranking list, which you will receive further information on during the course of the arbitrator appointment process. The parties only need to send copies of documents, such as discovery, to the AAA if the document is to be transmitted to the arbitrator for a determination. Communications with Arbitrator - It is very important that parties do not engage in any ex-parte communications with the arbitrator. So as to minimize the potential of such communications, this case will be administered by facilitating the exchange of appropriate written documents through the AAA. To ensure the proper handling of all case-related documents, the parties are asked not to submit correspondence directly to the arbitrator. Correspondence should be submitted to your primary contact for transmittal to the arbitrator, copying the other party. Timeliness of Filings - Please pay particular attention to response dates included on any correspondence sent to you by the AAA. Untimely filings or responses will not be considered by the AAA. Therefore, if you need an extension to any deadline, please contact the other party to reach an agreement. In the event you are unable to agree, the AAA or the arbitrator will determine if an extension will be granted. International Arbitrations - If either party believes a matter involves an arbitration agreement between parties from different countries or otherwise has an international nexus that may give rise to unique issues, please let the AAA know within fifteen days. The International Centre for Dispute Resolution (ICDR, www.ICDR.org ) is a Division of the AAA that administers international arbitrations worldwide, including in the US. The ICDR is available for assistance in any arbitration handled by the AAA, or, alternatively, can administer the case, if both parties agree. The AAA can also apply its Supplementary Procedures for International Arbitration under any of its Rules. The Supplementary Procedures are available on either www.ADR.org or www.ICDR.org. Locale of the Arbitration - The parties may agree to a locale for the arbitration. This agreement can be made in the parties’ agreement or contract, or when the arbitration is submitted to the AAA. The AAA will place the arbitration within the agreed upon locale. 4 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 When the parties’ arbitration agreement is silent or ambiguous with respect to locale, and the parties disagree as to locale, the AAA may determine the place of arbitration, subject to the power of the arbitrator after appointment, to make a final determination on the locale. In these circumstances, the Claimant will generally request that the hearing be held in a specific locale. If the Respondent fails to file an objection to the locale requested by the Claimant within 14 calendar days after the notice of the request has been sent to the Respondent by the AAA, the AAA will confirm the locale requested by the Claimant is agreeable. When a locale objection is filed, each party is requested to submit written statements regarding its reasons for preferring a specific locale. In preparing their written statements, the parties are asked by the administrator to address the following issues: • Location of parties & attorneys; • Location of witness and documents; • Location of records; • If construction, location of site, place or materials and the necessity of an on-site inspection; • Consideration of relative difficulty in traveling and cost to the parties; • Place of performance of contract; • Place of previous court actions; • Location of most appropriate panel; • Any other reasonable arguments that might affect the locale determination. AAA WebFile - We encourage the parties to visit our website to learn more about how to file and manage your cases online. As part of our administrative service, AAA's WebFile allows parties to perform a variety of case related activities, including: • File additional claims; • Complete and update the Checklist for Conflicts form; • View invoices and submit payment; • Merge forms that auto-populate with case and party information; • Share and manage documents; • Strike and rank listed neutrals; • Review case status or hearing dates and times; • Upload hearing exhibits in a dedicated space activated by the arbitrator. AAA WebFile provides flexibility because it allows you to work online as your schedule permits - day or night. Cases originally filed in the traditional offline manner can also be viewed and managed online. If the case does not show up when you log in, please contact your AAA case manager to request access. Refund Schedule - The AAA has a refund schedule in the administrative fee section of the Rules. After 60 days of the AAA’s receipt of the Demand or the appointment of the arbitrator the filing fees are non-refundable. The AAA will only refund filing fees as outlined in the Rules and does not refund neutral costs incurred when parties settle their dispute or withdraw their claims. Case service Final fees are fully refundable if the parties provide at least 24 hours’ notice prior to the hearing. Revised 12/17/2020 5 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Billing Information Sheet Deposits - After the preliminary management hearing, the arbitrator will notify the case manager how much time is anticipated for the arbitration process. The Manager of ADR Services will then notify the parties of this amount. Once billing is entered into our system an invoice is automatically generated and transmitted within 2 weeks. Should you need an immediate copy to expedite payment please contact your case manager. Your Invoice/Statement includes a list of “Payment Options.” If paying by check, please make it payable to “American Arbitration Association” and send it to your case manager’s attention at the office address specified on the “Payment Options” page of your Invoice/Statement. These deposits are typically due thirty days prior to the evidentiary hearings, but this may vary depending on the schedule specific to this case. At the conclusion of the preliminary management hearing, the parties’ representatives and the Manager of ADR Services may discuss the AAA’s billing and deposit practices with regard to covering the arbitrator’s anticipated fees and expenses for the entire proceeding. We ask that the representatives discuss this with their clients prior to the conference so that any questions they may have can be addressed. Deposits are typically due thirty days prior to the first evidentiary hearing and failure to make deposits by the established due date may result in the arbitrator suspending the proceeding. Therefore, please comply with all established due dates for payment in order to avoid interruption in the progress of the case. All unused deposits shall be promptly refunded. Parties are also reminded that you may view case financial information, as well as make payments with a credit card online via AAA’s WebFile. Compensation to the arbitrator represents an independent obligation of the parties, and it is understood that the AAA has no liability, direct or indirect, for such payment. Each party shall promptly deposit in advance with the AAA such sums of money as required by the administrator to defray the costs of the arbitrator(s) fees. Compensation incurred will be deducted from deposits on hand, if any. Abeyance Fee - Should parties agree, it is the policy of the Association to hold cases in abeyance for up to one year. The parties may continue to hold the matter in abeyance beyond that period providing they remit a payment of $500.00 to the AAA to cover the administrative expense of continued tracking of such cases. Final Fee - The Final Fee covers all AAA services from the time a hearing is scheduled to when the case is awarded, settled or withdrawn. The Final Fee is billed after an arbitrator has been appointed and a hearing has been scheduled and is payable in advance of the first scheduled hearing. The Final Fee will be incurred for all cases that proceed to their first evidentiary regardless of whether that hearing is held in person, via video conference, or via telephone and is payable by each party filing a claim or counterclaim, pursuant to the applicable fee schedule. If a hearing does not take place, the Final Fee will be fully refunded if the parties provide at least 24 hours’ notice prior to the hearing. Refund Schedule - The AAA has a refund schedule in the administrative fee section of the Rules. After 60 days of the AAA’s receipt of the Demand or the appointment of the arbitrator the filing fees are non-refundable. The AAA will only refund filing fees as outlined in the Rules and does not refund arbitrator costs incurred when parties settle their dispute or withdraw their claims. The date of receipt by the AAA of the demand for arbitration will be used to calculate refunds of both claims and counterclaims. 6 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 From:Movit, Jeffrey Sent: Wednesday,November 09, 2022 10:53 AM To: AAA Eve Turner; 'Brett Bustamante' Cc:'Salvatore C. Badala'; 'PNapoli@NSPRLaw.com' Subject:FW EXTERNAL Fwd Napoli Shkolnik PLLC Manson Johnson Conner v Upfront Megatainment Inc pka Upfront Case 012200046761 *** External E-Mail – Use Caution *** Dear Ms. Turner and Mr. Bustamante: As Mr. Bustamante and his clients are fully aware, I am litigation counsel for Upfront Megatainment and Darrick Stephens, including in connection with his legal disputes against Napoli Shkolnik PLLC & Manson Johnson Conner (the “Law Firms”). This morning I received the email below (with attachments) from my clients. I am not in receipt of any other documents pertaining to this apparent arbitration; I do not have (by way of example) a Demand For Arbitration. It appears from this email (and attachments) that the Law Firms have commenced an arbitration against my clients through the AAA, without notifying the AAA (as the Law Firms fully know) that I am litigation counsel for Mr. Stephens. It further appears that, to the extent that any Demand for Arbitration or other correspondence relating to this Arbitration were allegedly served upon Mr. Stephens, then the Law Firm directly sent them to Mr. Stephens (circumventing his counsel), in contravention of ethical rules prohibiting attorneys from communicating directly with represented parties. I hereby request a copy of any and all documents that have been served and filed with respect to this Arbitration, and I reserve all of my clients’ rights and remedies against the Law Firms. 7 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Thank you very much. Sincerely, Jeffrey M. Movit | Partner, through his professional corporation T: 917.546.7708 | jmm@msk.com Mitchell Silberberg & Knupp LLP | www.msk.com 437 Madison Ave., 25th Floor, New York, NY 10022 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY- CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E- MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL ATTACHMENTS FROM YOUR SYSTEM. THANK YOU. From: devyne stephens Sent: Wednesday, November 9, 2022 6:48 AM To: Movit, Jeffrey Subject: [EXTERNAL] Fwd: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761 -EXTERNAL MESSAGE- 8 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Sent from my iPhone Begin forwarded message: From: eveturner@adr.org Date: November 7, 2022 at 12:35:23 PM EST To: devyne.upfront@gmail.com, eveturner@adr.org Subject: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761 Hello, Please review the attached correspondence regarding the above-referenced case. Feel free to contact me with any questions, comments or concerns you have related to this matter. Thank you. [Logo] AAA Eve Turner Manager of ADR Services American Arbitration Association T: 401 431 4774 F: 866 644 0234 E: EveTurner@adr.org 1301 Atwood Ave, Suite 211N, Johnston, RI 02919 adr.org | icdr.org | aaamediation.org [cid:imagee6dbb8.PNG@40583cbf.4eb800c9] The information in this transmittal (including attachments, if any) is privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Thank you. 9 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 From:Movit, Jeffrey Sent: Wednesday,November 09, 2022 1:11 PM To: AAA Eve Turner; 'Brett Bustamante' Cc:'Salvatore C. Badala'; 'PNapoli@NSPRLaw.com'; Nguyen, Elaine Subject:RE EXTERNAL Fwd Napoli Shkolnik PLLC Manson Johnson Conner v Upfront Megatainment Inc pka Upfront Case 012200046761 *** External E-Mail – Use Caution *** Thank you. Please add my colleague Elaine Nguyen as counsel as well. Sincerely, Jeffrey M. Movit | Partner, through his professional corporation T: 917.546.7708 | jmm@msk.com Mitchell Silberberg & Knupp LLP | www.msk.com 437 Madison Ave., 25th Floor, New York, NY 10022 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY- CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E- MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL ATTACHMENTS FROM YOUR SYSTEM. THANK YOU. From: AAA Eve Turner Sent: Wednesday, November 9, 2022 1:03 PM To: Movit, Jeffrey ; 'Brett Bustamante' 10 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Cc: 'Salvatore C. Badala' ; 'PNapoli@NSPRLaw.com' Subject: RE: [EXTERNAL] Fwd: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761 -EXTERNAL MESSAGE- Dear Counsel, This is confirmation Mr. Movit has been added to this matter as counsel for Respondents. Should you have any questions, please contact me directly. Thank you, Marlaina Moran, on behalf of, AAA Eve Turner Manager of ADR Services American Arbitration Association T: 401 431 4774 F: 866 644 0234 E: EveTurner@adr.org 1301 Atwood Ave, Suite 211N, Johnston, RI 02919 adr.org | icdr.org | aaamediation.org 11 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 The information in this transmittal (including attachments, if any) is privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Thank you. From: Movit, Jeffrey Sent: Wednesday, November 9, 2022 10:54 AM To: AAA Eve Turner ; 'Brett Bustamante' Cc: 'Salvatore C. Badala' ; 'PNapoli@NSPRLaw.com' Subject: FW: [EXTERNAL] Fwd: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761 *** External E-Mail – Use Caution *** Dear Ms. Turner and Mr. Bustamante: As Mr. Bustamante and his clients are fully aware, I am litigation counsel for Upfront Megatainment and Darrick Stephens, including in connection with his legal disputes against Napoli Shkolnik PLLC & Manson Johnson Conner (the “Law Firms”). This morning I received the email below (with attachments) from my clients. I am not in receipt of any other documents pertaining to this apparent arbitration; I do not have (by way of example) a Demand For Arbitration. It appears from this email (and attachments) that the Law Firms have commenced an arbitration against my clients through the AAA, without notifying the AAA (as the Law Firms fully know) that I am litigation counsel for Mr. Stephens. 12 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 It further appears that, to the extent that any Demand for Arbitration or other correspondence relating to this Arbitration were allegedly served upon Mr. Stephens, then the Law Firm directly sent them to Mr. Stephens (circumventing his counsel), in contravention of ethical rules prohibiting attorneys from communicating directly with represented parties. I hereby request a copy of any and all documents that have been served and filed with respect to this Arbitration, and I reserve all of my clients’ rights and remedies against the Law Firms. Thank you very much. Sincerely, Jeffrey M. Movit | Partner, through his professional corporation T: 917.546.7708 | jmm@msk.com Mitchell Silberberg & Knupp LLP | www.msk.com 437 Madison Ave., 25th Floor, New York, NY 10022 THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS. THIS MESSAGE MAY BE AN ATTORNEY- CLIENT COMMUNICATION, AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT AN INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY REVIEW, USE, DISSEMINATION, FORWARDING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. PLEASE NOTIFY US IMMEDIATELY BY REPLY E- MAIL OR TELEPHONE, AND DELETE THE ORIGINAL MESSAGE AND ALL ATTACHMENTS FROM YOUR SYSTEM. THANK YOU. 13 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 From: devyne stephens Sent: Wednesday, November 9, 2022 6:48 AM To: Movit, Jeffrey Subject: [EXTERNAL] Fwd: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761 -EXTERNAL MESSAGE- Sent from my iPhone Begin forwarded message: From: eveturner@adr.org Date: November 7, 2022 at 12:35:23 PM EST To: devyne.upfront@gmail.com, eveturner@adr.org Subject: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront Megatainment, Inc. p/k/a Upfront - Case 01-22-0004-6761 Hello, Please review the attached correspondence regarding the above-referenced case. Feel free to contact me with any questions, comments or concerns you have related to this matter. Thank you. [Logo] AAA Eve Turner Manager of ADR Services American Arbitration Association T: 401 431 4774 F: 866 644 0234 E: EveTurner@adr.org 1301 Atwood Ave, Suite 211N, Johnston, RI 02919 adr.org | icdr.org | aaamediation.org 14 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 [cid:imagee6dbb8.PNG@40583cbf.4eb800c9] The information in this transmittal (including attachments, if any) is privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Thank you. 15 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 AMERICAN ARBITRATION ASSOCIATION CHECKLIST FOR CONFLICTS In the Matter of the Arbitration between: Napoli Shkolnik PLLC & Manson Johnson Conner PLLC Vs. Upfront Megatainment, Inc. p/k/a Upfront Entertainment, Inc. & Darrick "Devyne" Stephens Case Manager: Eve Turner Case Number: 01-22-0004-6761 To avoid the possibility of a last-minute disclosure and/or disqualification of the Arbitrator or Arbitrators pursuant to the rules, we must advise the Arbitrator or Arbitrators of the full and complete names of all persons, firms, companies or other entities involved in this matter. Please list below the full names of all interested parties in this case, including, but not limited to, witnesses, consultants, and attorneys. In order to avoid conflicts of interest, parties are requested to also list subsidiary and other related entities. This form will only be used as a list for conflicts, not a preliminary or final witness list. Please note that the AAA will not divulge this information to the opposing party and the parties are not required to exchange this list. This form will, however, be submitted to the Arbitrator or Arbitrators together with the filing papers. You should be aware that arbitrators will need to divulge any relevant information in order to make appropriate and necessary disclosures in accordance with the applicable arbitration rules. Name Affiliation Address Brett Bustamante Counsel for Claimant 400 Broadhollow Road, Suite 305 New York, Melville, United States, 11747 Napoli Shkolnik PLLC Claimant 360 Lexington Avenue 11th Floor, New York, New York, United States, 10017 Wallace O. Fortune, Director interested party 10960 Wilshire Blvd. CA, Los NKFSB, LLC Angeles, USA, 90024 Aliaune Thiam a/k/a Akon interested party c/o Jonathan Davis 10 Rockefeller Plaza, Suite 1015, NY, New York, 10020 Jonathan Davis PC representative for Interested 10 Rockefeller Plaza, Ste party Aliaune Thiam a/k/a 1015 New York, New York, Akon 10020 Paul Napoli interested party 1302 Avienda Ponce de Leon Puerto Rico, Santurce, Puerto Rico, 00907 Jeffrey Movit Counsel for Respondents 437 Madison Avenue, 25th Floor NY, New York, 10022 Manson Johnson Conner Claimant 1720 West End Avenue, Ste. PLLC 300 TN, Nashville, USA, 37203 16 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 AMERICAN ARBITRATION ASSOCIATION CHECKLIST FOR CONFLICTS Name Affiliation Address Darrick "Devyne" Stephens Respondent 5207 Sandy Shores Ct GA, Lithonia, USA, 30038 MSK, a prefessional Counsel firm for respondents 437 Madison Ave., 25th Floor corporation NY, New York, 10022 Submitted Online by: Napoli Shkolnik PLLC & Manson Johnson Conner Dated: Nov 18, 2022 17 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Nestor Galarza From: eveturner@adr.org Sent: Monday, November 21, 2022 2:40 PM To: eln@msk.com; Brett Bustamante; jmm@msk.com; Nestor Galarza Subject: Napoli Shkolnik PLLC & Manson Johnson Conner v. Upfront Megatainment, Inc. f/k/a Upfront - Case 01-22-0004-6761 Attachments: CM044.pdf; CM099.rtf; CM066.rtf; CM090.rtf Hello, Please review the attached correspondence regarding the above‐referenced case. Feel free to contact me with any questions, comments or concerns you have related to this matter. Thank you. AAA Eve Turner Manager of ADR Services American Arbitration Association T: 401 431 4774 F: 866 644 0234 E: EveTurner@adr.org 1301 Atwood Ave, Suite 211N, Johnston, RI 02919 adr.org | icdr.org | aaamediation.org The information in this transmittal (including attachments, if any) is privileged and/or confidential and is intended only for the recipient(s) listed above. Any review, use, disclosure, distribution or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately by reply email and destroy all copies of the transmittal. Thank you. 1 18 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 Northeast Case Management Center Yvonne Baglini Assistant Vice President 1301 Atwood Avenue, Suite 211N Johnston, RI 02919 Telephone: (866)293-4053 Fax: (866)644-0234 November 21, 2022 Brett Bustamante, Esq. Napoli Shkolnik PLLC 400 Broadhollow Road, Suite 305 Melville, NY 11747 Via Email to: bbustamante@napolilaw.com Jeffrey Movit, Esq. Mitchell Silberberg & Knupp 437 Madison Avenue, 25th Floor New York, NY 10022 Via Email to: jmm@msk.com Case Number: 01-22-0004-6761 Napoli Shkolnik PLLC & Manson Johnson Conner PLLC -vs- Upfront Megatainment, Inc. f/k/a Upfront Entertainment, Inc. and Darrick Stephens p/k/a Devyne Stephens Dear Counsel: This will confirm that an administrative conference call with Brett Bustamante, Esq. and Nestor Galarza Esq. on behalf of Claimant, and Jeffrey Movit, Esq. and Elaine Nguyen, Esq. on behalf of Respondents, was held on November 18, 2022 The case caption was updated to include Darrick Stephens p/k/a Devyne Stephens. Per the parties’ contract, the hearing locale in this matter is New York, NY. Parties are amenable to further discussion regarding the method of hearing with the Arbitrator, once appointed. Parties are reminded that the Arbitrator has the authority to determine method of hearings. The parties estimate that this matter will require approximately 1-2 days of hearing and that the hearing should take place by Middle/Fall of 2023. In accordance with the Rules, if Respondent does not answer on or before November 21, 2022, we will assume that the claim is denied. If Respondent wishes to counterclaim, please email the counterclaim to the undersigned, together with the administrative fee. A copy of the counterclaim should be directly sent to Claimant. In accordance with the Rules, the AAA will appoint one arbitrator to hear and determine this dispute. The parties have requested that the arbitrator list consist of the following expertise: familiarity with contract disputes, attorney/client disputes, malpractice disputes and familiar with the music industry. In order to assist the arbitrator with providing full disclosures, please complete your Checklist for Conflicts online through AAA’s WebFile at www.adr.org. If you do not have a WebFile account please contact the undersigned. Please list those witnesses you expect to present, as well as any persons or entities with an interest in these proceedings. The 19 FILED: NEW YORK COUNTY CLERK 08/13/2023 10:37 AM INDEX NO. 653732/2023 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 08/13/2023 checklist should only be shared w