Preview
FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018
NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
______________________________________________________________________
Tai'
Yon Hector and Te'Von Hector, Index Number
Twin"
collectively p/k/a "Team 650545/2018
Plaintiffs
DEFENDANT'S FIRST NOTICE
FOR DISCOVERY AND
INSPECTION
-against-
Meshach Music Group, LLC,
Brooks Entertainmat Group, LLC, Leonard Brooks
Defendants
_______________________________________________________________________
PLEASE TAKE NOTICE THAT pursuant to CPLR §3120, defendants Meshach Music Group,
LLC and Brooks Entertainment Leonard Brooks
("MMG"); Group, LLC, ("Brooks"),
collectively known as ("Dafandanta"), by itsattorney, Mychal Scates, demand that Plaintiffs
produce for inspection and photocopying the following docrcnts on or before November 30,
2020, through the New York State Court's Electronic Filing System, or a mutanny agreeable
location.
INSTRUCTIONS AND DEFINITIONS
"doenment"
A. As used therein, the term means each and every form of
ccr-±à tion and in±a-s, without limitation, all written, printed, typed, recorded,
audio/digitally recorded, voice recorded, any materials metatshed electroñically (includi-g, but
not 'imited to electronic mail, word documents, Portable Document Format (PDF) files, Joint
Photographic Experts Group (JPEG) files,Tagged Image File Format (TIF) files, or Graphic
Interchange Format (GIF) files) or graphic matter of any kind, type, nature, or description, in
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whatever form (e.g., final and draft versions) that is or has been in your actual or constructive
possession, custody, or control, including, but not limited to, allprinted and electronic copies of
electronic mail, notes, correspondence, memoranda, tapes, stenographic or handwritten notes,
written forms of any kind, charts, blueprints, drawings, sketches, graphs, plans, articles,
specifications, diaries, letters,telegrams, photographs, mi-stes, contracts, agreements, reports,
surveys, computer printouts, data compilations of any kind, teletypes, facsimiles, invoices, order
forms, checks, drafts, statements, credit memos, reports, cr--nes, books, ledgers, notebooks,
schedules transparencies, recordings, audio/digital recordings, catalogs, advertisements,
promotional materials, films, video tapes, audio tapes, digital/audio recordings, voicemail
recordings, brochures, pamphlets, or any written or recorded materials of any kind, however
stored (whether in tangible or electronic form), recorded, produced, or reproduced, i-cludhg
"document"
backup tapes. The term heludes not only originals, but also any copies or
reproductions of allsuch written, printed, typed, recorded or graphic matter upon which any
notations, comments, or markings of any kind have been made that do not appear on the original
documcñts or that are otherwise not identical to the original documents. Any document with
marks such as initials, comments or notations of any kind is not identical to one without such
marks and is to be produced as a separate document.
"communicate" "cer--±:ation"
B. As used herein, the terms or means any oral,
written, audio/digitally recorded, voice recorded, or electronic transmission of information,
heludhg meetings, discussions, conversations, telephone calls, electronic mail messages,
memoranda, letters, analyst reports, telecopies, facsimiles, conferences, messages, notes,
videotapes, photographs, microfilm, microfiche, magñêtic disks, digital/audio recordings,
voicemail recordings, or other media of any kind.
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"or"
C. As used herein, "and/or shall be construed conjunctively or disjunctively as
necessary to make the request inclusive rather than exclusive.
"fact"
D. The term includes all circumstances, events and evidcñce pertaining to,
relating to, or touching upon the matter in question.
to"
E. As used herein "pertaini-g means; consisting of, constituting, evidencing,
reflecting, comprising, relating to or referring to in any way relevant within the meaning of the
CPLR.
F. With respect to any decamcat request which is objected to on grounds that such
request is overbroad, irrelevant, and/or unduly burdensome, state the objection and state all
information requested which can be provided without undue burden, and/or which is relevant or
might lead to the discovery of admissible evidence, and/or which is otherwise not subject to
objection.
H. If you cannot answer any document request fully and completely after making
responsible inquiries, you should answer the doenment request to the best of your ability and
explain why you cannot give a full and complete añswer.
I. If you claim that part of any response is privileged or otherwise -ss: from
discovery; (a) identify the ground for your claim of privilege or Erdy (for example, attorney
client privilege); (b) identify the privileged decüments or ccrs-±:âtion by date, author, each
and every recipient, and general subject matter; and (c) provide all information which responds
to this request and does not fallwithin your claim of privilege or other L-s-dy.
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"Represeñtative"
J. means and shall include each and every present and former
director, officers, employee, agent or other person acting or purporting to act on behalf of any
entity (including, but not limited to, a partnership, corporation, etc.) or any predecessor,
subsidiary, affiliates, agent, division or department thereof.
K. In the event that any document reqüested is not in your possession, custody or
control, please specify what disposition was made of itand by whom such document is now
possessed, held in custody or controlled.
L. In the event that any document requested has been destroyed, please specify the
date of destruction, m¬-er of destruction, the reason for destruction, the person authorizing
destruction, the person destraying the decü=cnts and the eüstodian of the decsent on the date
and time of destruction.
"person" "persons"
M. The terms or refers to natural persons, proprietorships,
governmental agencies, corporations, partnerships, trusts,joint vêñtüres, groups, associations,
organizations, and all other entities.
"you" "your"
N. The terms or refers to you, inclüdhg, without limitation, your
agents, assigns, attorneys, representatives, and anyone acting or purporting to act on your behalf.
O. This First Notice for Discovery and Inspection imposes a continuing obligation
upon you to make further and supplemental doenment prednetion if,between the time of the
original production and the time of trial,you receive or generate addisenal documents satisfying
the request set forth below.
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REOUESTS FOR PRODUCTION AND INSEPCTION
1. The Recording Agreement allegedly signed by Plaintiffs on September 29, 2016,
Plaintiffs'
pursuant to Paragraphs 7 and 15 of the Complaiñt.
2. The Recording Agrccmêñt allegedly offered by Defcedants on October 18, 2016,
Plaintiffs'
pursuant to Paragraph 9 and 18 of the Complaint.
3. The Recording Agreemcat signed by Plaintiffs and Serve da World, LLC
Plaintiffs'
("SDW") dated April 17, 2015, pursuant to Paragraph 14 of the
Complaint.
4. The Mutual and Release Agreement executed on October 17, 2016, between
Plaintiffs'
Plaintiffs and SDW, pursuant to Paragraph 16 of the Complaint.
5. The Letter of Direction addressed by Plaintiffs to Atlantic Recording Corporation
Plaintiffs'
on October 18, 2016, pursuant to Paragraph 17 of the Cc.mplaiñt.
cc--n-
6. Any and all documents, cations, media files,evidencing Defendants
Up"
alleged release for sale the song "We Get Turnt on Itunes, on November 21,
Plaintiffs'
2016, pursuant to Paragraph 19 of the Complaiñt.
7. Any and all deements, com-dcations, evideñci-g the release of "We Get
Up"
Turnt was without notice to Plaintiffs. pursuant to Paragraph 19 of the
Plaintiffs'
Complaint.
8. The Copyright evidencing Plaintiffs owned the rights to the song "We Get Turnt
Plaintiffs'
Up", pursuant to Paragraph 19 of the Complaint.
9. A media file copy of the song "We get Turnt Up", pursuant to Paragraph 19 of the
Plaintiffs'
Complaint.
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10. The Assigmêñt of Membership Interest Agreement between SDW and Tha
Lights Global, Inc ("LG") dated January 1, 2017, pursuant to Paragraph 20 of the
Plaintiffs'
Complaint.
11. The Letter sent to Atlantic Recording Company from LG, stating LG had
exclusive rights to the recording services of Plaintiffs, pursuant to Paragraph 21 of
Plaintiffs'
the Complaint.
12. Any and all doenments and ccrs---i:ations evideñciñg Atlantic Recording
Company decided not to move forward on recording arrangement with Plaintiffs,
Plaintiffs'
pursuant to Paragraph 21 of the Complaint.
13. The Recording Agreement between Warner Bros Records and Plaintiffs dated
Plaintiffs'
February 16, 2017, pursuant to Paragraph 22 of the Complaint.
14. Any and all documents and ccrs-±:ations, evidencing Warner Bros Records
decided to not move forward with Plaintiffs on a recording agrccmcat as a result
of an alleged letter sent to Warner Bros Records from Defendants, pursuant to
Plaintiffs'
Paragraph 23 of the Complaint.
15. Any and all documents and communications evidencing LG and Defendants made
several attempts in 2017 to come to accord regarding the rights to Plaintiffs
Plaintiffs'
recordings, pursuant to Paragraph 24 of the Complaint.
16. Any and all documents and ccrs-±:ations in 2017 evidencing LG and
Defendants stated they could not move forward with Plaintiffs but would exercise
Plaintiffs'
their rights, pursuant to Paragraph 25 of the Complaiñt.
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17. Any and all documents and cc=r±eations evideñcing Plaintiffs have not
discussed the alleged contractual issues with Defendants since July of 2017,
Plaintiffs'
pursuant to Paragraph 26 of the Complaint
18. The September 11, 2017 and October 11, 2017 Cease and Desist Letters from
Plaintiffs' Plaintiffs'
attorney, pursuant to Paragraph 14 of the C0mplaiñt.
19. The October 31, 2017 letter sent to Defendants, pürsüant to Paragraph 28 of the
Plaintiffs'
Complaint.
20. The email sent by Brooks on October 12, 2017 to Defendant's attorney.
21. Any and all docu-estation evidcacing that on February 2, 2018, Defcñdants
allegedly had not removed Plaintiffs likeness on MMG website, pursuant to
Plaintiffs'
Paragraph 29 of the Complaint.
cer__-
22. Any and all evidence, deements, d:âtions evidcñciñg Defendants alleged
actions allegedly caused Plaintiffs career to be placed on hold, pursuant to
Plaintiffs'
Paragraph 29 of the Complaint.
23. A numerical valuation of the alleged Recording Agreemêñts and other contracts
in dispute, that Plaintiffs they alleged are owed.
24. A numerical valuation evideñcing alleged royalties Plaintiffs allege they are
owed.
25. Any documents, ecrr±:ations, all evidence, if any, evidcñciñg royalty
calculation between Defendants and Plaintiffs.
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26. All documents concerning the auticñticity of documcats to be produced pursuant
to above Requests No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25.
Dated: September 30, 2020 By: Mychal Scates, Esq.
Attorney for Defendants
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FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ______________________________________________________________________ Tai' Yon Hector and Te'Von Hector, Index Number Twin" collectively p/k/a "Team 650545/2018 Plaintiffs DEFENDANT'S FIRST NOTICE FOR DISCOVERY AND INSPECTION -against- Meshach Music Group, LLC, Brooks Entertainmat Group, LLC, Leonard Brooks Defendants _______________________________________________________________________ PLEASE TAKE NOTICE THAT pursuant to CPLR §3120, defendants Meshach Music Group, LLC and Brooks Entertainment Leonard Brooks ("MMG"); Group, LLC, ("Brooks"), collectively known as ("Dafandanta"), by itsattorney, Mychal Scates, demand that Plaintiffs produce for inspection and photocopying the following docrcnts on or before November 30, 2020, through the New York State Court's Electronic Filing System, or a mutanny agreeable location. INSTRUCTIONS AND DEFINITIONS "doenment" A. As used therein, the term means each and every form of ccr-±à tion and in±a-s, without limitation, all written, printed, typed, recorded, audio/digitally recorded, voice recorded, any materials metatshed electroñically (includi-g, but not 'imited to electronic mail, word documents, Portable Document Format (PDF) files, Joint Photographic Experts Group (JPEG) files,Tagged Image File Format (TIF) files, or Graphic Interchange Format (GIF) files) or graphic matter of any kind, type, nature, or description, in 1 of 8 FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020 whatever form (e.g., final and draft versions) that is or has been in your actual or constructive possession, custody, or control, including, but not limited to, allprinted and electronic copies of electronic mail, notes, correspondence, memoranda, tapes, stenographic or handwritten notes, written forms of any kind, charts, blueprints, drawings, sketches, graphs, plans, articles, specifications, diaries, letters,telegrams, photographs, mi-stes, contracts, agreements, reports, surveys, computer printouts, data compilations of any kind, teletypes, facsimiles, invoices, order forms, checks, drafts, statements, credit memos, reports, cr--nes, books, ledgers, notebooks, schedules transparencies, recordings, audio/digital recordings, catalogs, advertisements, promotional materials, films, video tapes, audio tapes, digital/audio recordings, voicemail recordings, brochures, pamphlets, or any written or recorded materials of any kind, however stored (whether in tangible or electronic form), recorded, produced, or reproduced, i-cludhg "document" backup tapes. The term heludes not only originals, but also any copies or reproductions of allsuch written, printed, typed, recorded or graphic matter upon which any notations, comments, or markings of any kind have been made that do not appear on the original documcñts or that are otherwise not identical to the original documents. Any document with marks such as initials, comments or notations of any kind is not identical to one without such marks and is to be produced as a separate document. "communicate" "cer--±:ation" B. As used herein, the terms or means any oral, written, audio/digitally recorded, voice recorded, or electronic transmission of information, heludhg meetings, discussions, conversations, telephone calls, electronic mail messages, memoranda, letters, analyst reports, telecopies, facsimiles, conferences, messages, notes, videotapes, photographs, microfilm, microfiche, magñêtic disks, digital/audio recordings, voicemail recordings, or other media of any kind. 2 of 8 FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020 "or" C. As used herein, "and/or shall be construed conjunctively or disjunctively as necessary to make the request inclusive rather than exclusive. "fact" D. The term includes all circumstances, events and evidcñce pertaining to, relating to, or touching upon the matter in question. to" E. As used herein "pertaini-g means; consisting of, constituting, evidencing, reflecting, comprising, relating to or referring to in any way relevant within the meaning of the CPLR. F. With respect to any decamcat request which is objected to on grounds that such request is overbroad, irrelevant, and/or unduly burdensome, state the objection and state all information requested which can be provided without undue burden, and/or which is relevant or might lead to the discovery of admissible evidence, and/or which is otherwise not subject to objection. H. If you cannot answer any document request fully and completely after making responsible inquiries, you should answer the doenment request to the best of your ability and explain why you cannot give a full and complete añswer. I. If you claim that part of any response is privileged or otherwise -ss: from discovery; (a) identify the ground for your claim of privilege or Erdy (for example, attorney client privilege); (b) identify the privileged decüments or ccrs-±:âtion by date, author, each and every recipient, and general subject matter; and (c) provide all information which responds to this request and does not fallwithin your claim of privilege or other L-s-dy. 3 of 8 FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020 "Represeñtative" J. means and shall include each and every present and former director, officers, employee, agent or other person acting or purporting to act on behalf of any entity (including, but not limited to, a partnership, corporation, etc.) or any predecessor, subsidiary, affiliates, agent, division or department thereof. K. In the event that any document reqüested is not in your possession, custody or control, please specify what disposition was made of itand by whom such document is now possessed, held in custody or controlled. L. In the event that any document requested has been destroyed, please specify the date of destruction, m¬-er of destruction, the reason for destruction, the person authorizing destruction, the person destraying the decü=cnts and the eüstodian of the decsent on the date and time of destruction. "person" "persons" M. The terms or refers to natural persons, proprietorships, governmental agencies, corporations, partnerships, trusts,joint vêñtüres, groups, associations, organizations, and all other entities. "you" "your" N. The terms or refers to you, inclüdhg, without limitation, your agents, assigns, attorneys, representatives, and anyone acting or purporting to act on your behalf. O. This First Notice for Discovery and Inspection imposes a continuing obligation upon you to make further and supplemental doenment prednetion if,between the time of the original production and the time of trial,you receive or generate addisenal documents satisfying the request set forth below. 4 of 8 FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020 REOUESTS FOR PRODUCTION AND INSEPCTION 1. The Recording Agreement allegedly signed by Plaintiffs on September 29, 2016, Plaintiffs' pursuant to Paragraphs 7 and 15 of the Complaiñt. 2. The Recording Agrccmêñt allegedly offered by Defcedants on October 18, 2016, Plaintiffs' pursuant to Paragraph 9 and 18 of the Complaint. 3. The Recording Agreemcat signed by Plaintiffs and Serve da World, LLC Plaintiffs' ("SDW") dated April 17, 2015, pursuant to Paragraph 14 of the Complaint. 4. The Mutual and Release Agreement executed on October 17, 2016, between Plaintiffs' Plaintiffs and SDW, pursuant to Paragraph 16 of the Complaint. 5. The Letter of Direction addressed by Plaintiffs to Atlantic Recording Corporation Plaintiffs' on October 18, 2016, pursuant to Paragraph 17 of the Cc.mplaiñt. cc--n- 6. Any and all documents, cations, media files,evidencing Defendants Up" alleged release for sale the song "We Get Turnt on Itunes, on November 21, Plaintiffs' 2016, pursuant to Paragraph 19 of the Complaiñt. 7. Any and all deements, com-dcations, evideñci-g the release of "We Get Up" Turnt was without notice to Plaintiffs. pursuant to Paragraph 19 of the Plaintiffs' Complaint. 8. The Copyright evidencing Plaintiffs owned the rights to the song "We Get Turnt Plaintiffs' Up", pursuant to Paragraph 19 of the Complaint. 9. A media file copy of the song "We get Turnt Up", pursuant to Paragraph 19 of the Plaintiffs' Complaint. 5 of 8 FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020 10. The Assigmêñt of Membership Interest Agreement between SDW and Tha Lights Global, Inc ("LG") dated January 1, 2017, pursuant to Paragraph 20 of the Plaintiffs' Complaint. 11. The Letter sent to Atlantic Recording Company from LG, stating LG had exclusive rights to the recording services of Plaintiffs, pursuant to Paragraph 21 of Plaintiffs' the Complaint. 12. Any and all doenments and ccrs---i:ations evideñciñg Atlantic Recording Company decided not to move forward on recording arrangement with Plaintiffs, Plaintiffs' pursuant to Paragraph 21 of the Complaint. 13. The Recording Agreement between Warner Bros Records and Plaintiffs dated Plaintiffs' February 16, 2017, pursuant to Paragraph 22 of the Complaint. 14. Any and all documents and ccrs-±:ations, evidencing Warner Bros Records decided to not move forward with Plaintiffs on a recording agrccmcat as a result of an alleged letter sent to Warner Bros Records from Defendants, pursuant to Plaintiffs' Paragraph 23 of the Complaint. 15. Any and all documents and communications evidencing LG and Defendants made several attempts in 2017 to come to accord regarding the rights to Plaintiffs Plaintiffs' recordings, pursuant to Paragraph 24 of the Complaint. 16. Any and all documents and ccrs-±:ations in 2017 evidencing LG and Defendants stated they could not move forward with Plaintiffs but would exercise Plaintiffs' their rights, pursuant to Paragraph 25 of the Complaiñt. 6 of 8 FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020 17. Any and all documents and cc=r±eations evideñcing Plaintiffs have not discussed the alleged contractual issues with Defendants since July of 2017, Plaintiffs' pursuant to Paragraph 26 of the Complaint 18. The September 11, 2017 and October 11, 2017 Cease and Desist Letters from Plaintiffs' Plaintiffs' attorney, pursuant to Paragraph 14 of the C0mplaiñt. 19. The October 31, 2017 letter sent to Defendants, pürsüant to Paragraph 28 of the Plaintiffs' Complaint. 20. The email sent by Brooks on October 12, 2017 to Defendant's attorney. 21. Any and all docu-estation evidcacing that on February 2, 2018, Defcñdants allegedly had not removed Plaintiffs likeness on MMG website, pursuant to Plaintiffs' Paragraph 29 of the Complaint. cer__- 22. Any and all evidence, deements, d:âtions evidcñciñg Defendants alleged actions allegedly caused Plaintiffs career to be placed on hold, pursuant to Plaintiffs' Paragraph 29 of the Complaint. 23. A numerical valuation of the alleged Recording Agreemêñts and other contracts in dispute, that Plaintiffs they alleged are owed. 24. A numerical valuation evideñcing alleged royalties Plaintiffs allege they are owed. 25. Any documents, ecrr±:ations, all evidence, if any, evidcñciñg royalty calculation between Defendants and Plaintiffs. 7 of 8 FILED: NEW YORK COUNTY CLERK 10/01/2020 12:59 PM INDEX NO. 650545/2018 NYSCEF DOC. NO. 50 RECEIVED NYSCEF: 10/01/2020 26. All documents concerning the auticñticity of documcats to be produced pursuant to above Requests No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25. Dated: September 30, 2020 By: Mychal Scates, Esq. Attorney for Defendants 8 of 8