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COMPLAINT
Venue is proper in New York County because Defendant conducts business in New
York County, a substantial part of the events giving rise to the alleged claims occurred in New
York County and pursuant to CPLR 501.
PARTIES
3.
ASPIRE Music Group, LLC is a Florida Limited Liability Company, with its
principal place of business at 12590 Pines Blvd., Unit 260907, Pembroke Pines, Florida 33026.
4.
recording, and distributing musical recordings. CASH MONEY regularly conducts business in
New York and has acted, as shown below.
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STATEMENT OF FACTS
5.
America.
6.
agreement with Plaintiff ASPIRE; said agreement provided Plaintiff, ASPIRE the ability to
negotiate with third parties to furnish Drakes services to others for the purpose of creating musical
recordings.
7.
(The Agreement), with Defendant Cash Money Records, Inc./Young Money Entertainment,
LLC (CASH MONEY), pursuant to which ASPIRE furnished the exclusive recording services
of Drake to CASH MONEY. See Exhibit A attached hereto and made a part hereof.
8.
MONEY, that would in turn be responsible for payments to ASPIRE and to the artist. Exhibit A
supra.
9.
On or about August 12, 2009 and August 13, 2009 Defendant CASH MONEY filed
four (4) trademark applications seeking registered trademarks from the United States Patent and
Trademark Office for marks affiliated with Drake, including the word marks DRAKE and
DRIZZY DRAKE.
10.
payments to Plaintiff ASPIRE and provide accountings related to same ASPIRE Agreement
(Exhibit A supra), up until the present.
11.
Plaintiff now seeks a full accounting, including any and all books and records
regarding: (i) Drakes full sales history; (ii) cumulative mechanical royalties; (iii) marketing costs;
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and, (iv) producer royalties/recording costs and accompanying statements, and any and all of the
relevant financial information regarding any revenue and or profits associated with Drakes music.
12.
Plaintiff hereby demands that Defendant CASH MONEY, account and pay to
To date there have been no documents produced that can confirm whether
Plaintiffs proper share of revenue from Drakes recording sales have ever been provided by
Defendant.
14.
Defendant continued to employ stall tactics and repeatedly refused to provide the
aforesaid documents necessary for Plaintiff to determine how much money it is owed from the sale
of Drakes recordings through and including the present.
15.
of herein, Plaintiff has suffered irreparable harm and damage and has been forced to retain the
undersigned counsel and agreed to pay it a reasonable fee for its services.
17.
All prerequisites to filing suit have been satisfied, have occurred, or have been
waived.
18.
On or about June 26, 2009, the parties entered into The Agreement.
20.
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That Defendant has breached the Agreement (Exhibit A, supra) by failing to pay
Plaintiff has complied with all conditions precedent and all its obligations pursuant
Plaintiff has retained the services of the undersigned counsel to represent it in this
matter and has agreed to pay all costs and reasonable attorneys fees. No part of said sum has been
paid despite due demand.
WHEREFORE, Plaintiff requests that this Honorable Court award judgment based on the
damages proven at trial, interest costs, attorneys fees and whatever this Court otherwise deems
just and proper.
AS AND FOR A SECOND CAUSE OF ACTION
ACCOUNTING
26.
Plaintiff repeats, reiterates, and realleges each and every allegation contained in
28.
account to and make payments to Plaintiff based on profit advances, net profits and other advances
in connection with Drake, a fiduciary relationship has been created and does exist between Plaintiff
and Defendant. Exhibit A, supra.
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29.
The sum of money due to Plaintiff from Defendant includes but is not limited to
profit advances, net profits and other advances derived from Drakes recording agreement and
calculated consistent with the terms therein. See Exhibit A, supra.
30.
The sum of money due to Plaintiff from Defendant continues to accumulate and
grow daily. Without a proper accounting, it is impossible for Plaintiff to ascertain the true amount
it is due from Defendant.
31.
representing funds obtained by or payments made by Defendant as a result of profit advances, net
profits and other advances under Drakes recording agreement, nor the ability to properly calculate
its proper share, since the books and records are solely and exclusively within Defendants control.
Hence Plaintiff has no means by which to determine the true amounts owed and that Defendant
has improperly withheld from disbursement to Plaintiff.
32.
of all relevant books and records, so that the relevant calculations may be properly ascertained and
remitted to Plaintiff from Defendant.
33.
to the monies due and owing to Plaintiff from Defendant based on profit advances, net profits and
other advances under Drakes recording agreement, Exhibit A, supra.
WHEREFORE, Plaintiff requests that this Honorable Court order an immediate
accounting of all revenue received by Defendant concerning or related to Drake, and that
Defendant must immediately provide such accounting statements to Plaintiff for review, award
reasonable attorneys fees, costs, and such further relief as this Court may consider just.
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Plaintiff repeats, reiterates, and realleges each and every allegation contained in
As Defendant has failed to remit to Plaintiff any part of its share of Drake profits
( of the total profits), Defendant has conferred a benefit of which it is completely aware has been
wrongfully retained causing unjust enrichment of Defendant.
36.
As a direct result of its failure to remit to Plaintiff its funds pursuant to The
Agreement, Defendant has retained amounts far in excess of what it is entitled to.
37.
trial.
WHEREFORE, Plaintiff requests that this Honorable Court award judgment in favor of
Plaintiff and against Defendants for damages plus interest, reasonable attorneys fees, costs
interests and award such further relief as this Court may consider just and proper.
38.
Plaintiff repeats, reiterates, and realleges each and every allegation contained in
A, supra) derived directly from the profit advances, net profits and other advances under Drakes
recording agreement for CASH MONEYs own use. Said funds are readily identifiable; however,
Plaintiff has not been provided any accountings or books and or records to allow Plaintiff the
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opportunity to determine the amount of money that has been unjustly converted by Defendant
CASH MONEY.
WHEREFORE, Plaintiff requests that this Honorable Court award judgment in favor of
Plaintiff and against Defendant for compensatory damages, plus interest, costs, reasonable
attorneys fees and award such further relief as this Court may consider just.
40.
Plaintiff repeats, reiterates, and realleges each and every allegation contained in
This is a Count for Tortious Interference against CASH MONEY with the
relationships with Drake which, inter alia, entitled Plaintiff to be paid a sum equal to one third of
Drakes earnings from profit advances, net profits and other advances under the Young Money
Entertainment, LLC/Cash Money recording agreement. (Exhibit A, supra)
43.
CASH MONEY intentionally and unjustifiably interfered with the contractual and
advantageous business relationships between Plaintiff and Drake, of which Plaintiff is intended
beneficiary, Plaintiff has been severely damaged and irreparably harmed.
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WHEREFORE, Plaintiff requests that this Honorable Court render judgment against
CASH MONEY by awarding damages, plus interest, costs, reasonable attorneys fees and such
further relief as the Court may consider just.
DEMAND FOR JURY TRIAL
Plaintiff demands a Jury Trial of all issues so triable.
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