Suge Knight/Kanye West Case Limps to Quiet End.

Suge Knight Kanye West Settlement


After Judge Seitz granted the defendants' sj, and the defendants then filed a motion for costs, it appears as if the Suge Knight/Kanye West lawsuit is finally coming to an end.

SFL Friday -- Some Diets Are Bad.

Hi kids, it's a cool Friday and I'm off for some early drown-my-sorrows windsurfing (of course I'll bring my wetsuit).

Can you believe Suge Knight plans to appeal Judge Seitz' decision?

Palsgraf's a bitch, my man!

What else -- Marco Rubio is scheduled to deliver the first post-election weekly Republican address -- he's already a star!
 
 Oh well it's back to worshiping women, men are the weaker sex anyways, and Christina Hendricks -- don't do it please.


Have a great weekend!

Suge and Kanye Mediation Impasse!

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So E Online is reporting that yesterday's Suge Knight/Kanye West mediation impassed and, according to Suge's handsome attorney Marc Brumer, the next step is trial:

West's attorney wouldn't comment, but Knight's lawyer, Marc Brumer, says the case is headed to trial if the two gentlemen can't reach a settlement. They also spent a fruitless six hours trying to make a deal in June.

Guess Kanye just phoned it in (literally).

Marc's not going to trial so fast, however -- he has three significant summary judgment motions to deal with first, all of which will be decided by Judge Seitz.

I'm partial to the one directed to Suge's claim for $18 million in lost wages, which you can review above.

It starts with this:

There is no genuine issue of material fact as to Knight’s lack of damages in the form of lost wages. Mr. Knight’s own testimony (the only record evidence) regarding his lost wages claim establishes he has no independent knowledge or recollection of his earnings prior to his injury.

Q. What was your salary per year from the company?
A. Well, when I was incarcerated, zero. So I don't recall anything except that.

Deposition of Marion H. Knight (May 11, 2010), p. 549, l. 2 – 5 (attached hereto as Composite Exhibit “C”). Knight has been unable to provide any substantive evidence to support Mr. Knight’s lost wages claim.

It goes on from there:

Essentially, the claim morphs from one of lost wages to a claim that but-for the shooting, Knight “would have” been able to work out a settlement with Lydia and Michael Harris - a couple who obtained a 107 million dollar default judgment against Death Row Records, Inc., and Knight, individually, approximately five months prior to the shooting. See Deposition of Marion H. Knight (April 28, 2010), p. 186 – 188 (attached hereto as composite Exhibit “C”).

Such an attenuated argument flies in the face of the reality that Death Row Records, Inc., had closed its doors in April 2005 (five months before the shooting) as a result of the $107 million default.

I don't know about you, but this sounds pretty compelling.

Let's just split the baby at $9 million and call it a day!

Kanye West To Mediate with Suge By "Telephone"

This Solomonic order by Judge Seitz splits the Kanye West mediation baby nicely in half:  you can go be "outside the continental United States" when you are supposed to be mediating in Miami, but you have to appear by telephone and you need to send some authorized flunkies to go sit in a room with Suge.

Listen, I agree with Kanye -- if the choice is between rapping with Beyonce or sitting in a conference room on Brickell with a bunch of lawyers, I think I know what I would choose.

But the telephone is so dated -- why not let Kanye appear via Skype or better yet his Twitter feed, filled with recent and utterly charming bon mots such as "Sometimes I get emotional over fonts."

Did I mention this guy is hanging around with Beyonce?

Suge Knight Still Hasn't Paid $1300 Sanction Yet.

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Remember how poor Marc Brumer had to sit there waiting for his client Suge Knight to show up for his own deposition, then Suge came really late and Magistrate Judge O'Sullivan sanctioned him $1300?

Well Suge still hasn't paid, necessitating yet another order:

ORDERED and ADJUDGED that the defendant’s request to have this case dismissed for the plaintiff’s failure to pay the $1300.00 as required by the undersigned’s May 4, 2010, Order (DE #42) is DENIED. It is further

ORDERED AND ADJUDGED that on or before July 6, 2010, the plaintiff shall pay the $1300.00 ordered to be paid by the undersigned’s May 4, 2010, Order (DE # 42) or submit to the Court an affidavit as to why the plaintiff’s financial condition prevents him from paying the $1300.00. If the plaintiff chooses to submit the affidavit, he must attach all supporting financial documents.

Wow -- is Suge really saying he can't afford to pay a $1300 sanction?

In related news, Suge and Kanye met the other day to try to settle the case:

West and Knight sat down with lawyers June 19, 2010, to discuss the lawsuit. "I figured I could sit him down, man to man, and get this resolved," Knight said of the six-hour meeting. "I'm disappointed."

Note to Suge -- when talking about sitting down "man to man," you may want to remember your presiding judge is a woman.

I'll say it again, poor Marc Brumer.

Suge Knight's Attorney Defines "The Smell Test In Life"

I ask you -- how would you define "the smell test in life"?

For me, it might be the faint smell of patchouli, a freshly showered Bo Derek in a bathrobe, a mild intoxicant and the sounds of Ravel echoing from the suite of a white-washed Mexican beach resort.

For Suge Knight attorney Marc Brumer, it's slightly different:

The fallen rap mogul's lawyer Marc Brumer says, "He's (Knight) an icon in the music industry. He walks in a room and he lights it up.

He had an expectation of security there. How someone came with a gun into a very VIP party, that just doesn't meet the smell test in life."

Actually, Marc is referencing the proper legal standard applicable to Suge's claims.

In fact, I believe the 11th Circuit recently clarified this doctrine in the seminal decision, Smell Teiste v. Mrs. Kissell.

Suge Knight To Be Deposed in Kanye Suit

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I guess the tale of woe worked -- Magistrate Judge O'Sullivan has ordered Suge Knight to sit for deposition sometime before April 26, and pretty much granted all of the defendants' related discovery requests, including access to all of Suge Knight's financial records.

A forensic accountant's dream, or nightmare?

Suge Knight v. Kanye West -- Judge Seitz Presiding!!

You know, sometimes coming up with decent material for this here blog thingy can be difficult.

Some stories are flat-out boring, some are interesting but lack an angle to work off of, and sometimes there's just not that much happening.

But then there are times when blog manna falls from the skies:

Suge Knight has changed his lawsuit against Kanye West to also include the Miami night-club that turned into a crime scene back in 2005, a place Kanye held his pre-MTV Video Music Awards party. Suge Knight was robbed and shot in the leg at the the South Beach club and first sued Kanye, along with his "G.O.O.D." Music group, a year and a half ago but now Suge is adding people he wants money from.

The lawsuit was transferred from California to Miami district court and Suge's lawyer Marc Brumer says "People shouldn't underestimate Suge Knight," sounding very much like his client. The lawyer, yes a man of law, added "He's a very adept businessman. He's a mess, but he's sharp. Nobody likes Kanye West anymore. Even though he's still selling millions of records, everybody's sick of him."

Oh lordie, let's take a look at the docket.

You've got Marc Lawrence Brumer representing Knight, while Kanye has Lew Jack.

Then you have Jay Green representing the hotel group, who details here what it takes to schedule a deposition and CME of Mr. Knight:

a. Specifically, on June 18, 2009, undersigned counsel, knowing that it could take some time to schedule the Plaintiff’s deposition given his celebrity status, requested dates from Plaintiff’s counsel regarding his client’s availability to be deposed in this matter.

b. On November 20, 2009, Mr. Adam Josephs, counsel for G.O.O.D. and West sent Plaintiff’s counsel follow-up correspondence advising Plaintiff’s counsel that the Defendants were still waiting for Plaintiff’s availability for deposition.

c. On February 8, 2010, undersigned counsel sent Plaintiff’s counsel e-mail correspondence requesting for a third time deposition dates for the Plaintiff and reminding Plaintiff’s counsel of the upcoming discovery deadline.

d. On February 9, 2010, Plaintiff’s counsel responded to the undersigned’s request by requesting from defense counsel dates during which we were available to take the Plaintiff’s deposition in March of 2010.

e. On February 16, 2010, Mr. Josephs advised Plaintiff’s counsel that all defense counsel were available to take the Plaintiff’s deposition on March 25 and requested confirmation as to the Plaintiff’s availability as well as requesting dates for his client to undergo a CME.

f. On February 18, 2010, undersigned counsel sent a second letter to Plaintiff’s counsel again asking for confirmation as to Plaintiff’s availability on March 25.

g. On February 20, 2010, Plaintiff’s counsel confirmed that the Plaintiff would be available for his deposition on March 25 and requested defense counsel to set Plaintiff’s IME on either March 23 or March 24. Thereafter, Plaintiff’s deposition was set for March 25 and a CME was set for March 23 at 4:00 p.m.

h. On March 22, 2010, undersigned’s office confirmed the CME set for March 23 with the Plaintiff’s counsel’s office. Plaintiff’s inability to attend same or the deposition two days later was not mentioned at that time.

i. Rather, on March 23 at 2:33 p.m., undersigned counsel received an email from Plaintiff’s counsel advising that the Plaintiff would no longer be available for his previously scheduled deposition on March 25 and that he would not be attending theCME which was scheduled for 4:00 p.m. that same day. The Plaintiff’s reason for cancelling both the CME and the deposition was that the Plaintiff was in a car accident two weeks ago and currently has an infection. Undersigned counsel also received an e-mail from a California doctor advising that the Plaintiff would not be able to sit for a deposition for a 3-month period of time.

j. On March 23, Plaintiff’s counsel advised that he would be moving for a continuance of the pretrial deadlines set by this Court in the next three days.

See, overindulged celebrities really are just like you and me!

What better foil for these two litigants than Judge Seitz?

Please please please take this one to trial.