Beyond The Horizon
UMG Lawyer Donald Zakarin And The Rule 11 Sanctions Against Diddy Timeline (Part 1) (7/6/24)
Universal Music Group (UMG) and its CEO Lucian Grainge were dismissed from a lawsuit involving Sean "Diddy" Combs after the plaintiff's lawyer admitted there was "no legal basis" for the claims. The lawsuit, initially filed by producer Rodney "Lil Rod" Jones, accused Diddy of sexual assault and harassment during the production of Diddy's 2023 "The Love Album." It also implicated UMG and Grainge in a broader conspiracy under the RICO statute and sex trafficking laws​.
UMG's legal team had argued the claims were baseless and intended to seek legal penalties against Tyrone Blackburn, Jones' attorney, for including them in the suit. In May 2024, Blackburn acknowledged the lack of legal foundation for the allegations against UMG and Grainge, requesting their dismissal with prejudice, which prevents future refiling. UMG's lead attorney, Donald Zakarin, criticized Blackburn for bringing unfounded accusations that he described as "recklessly false" and potentially libelous outside the context of a legal complaint​.
Despite the dismissal of UMG and Grainge from the lawsuit, Diddy continues to face multiple abuse allegations, which he has strongly denied.
In this episode, we take a look at the timeline relating to the Rule 11 sanctions.
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to contact me:
bobbycapucci@protonmail.com
source:
gov.uscourts.nysd.616406.61.1.pdf (courtlistener.com)
- Duration:
- 12m
- Broadcast on:
- 06 Jul 2024
- Audio Format:
- mp3
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In this episode, we're going to take a look at the timeline of this action, showing Mr. Blackburn and plaintiffs shifting theories for the claims against UMG and their refusal to dismiss those claims until the eve of the due date from their opposition to UMG's motion to dismiss the SAC. So, let's dive in. 1. February 26, 2024. Original complaint filed, which gets bounced, ECF 1. 2. March 4, 2024. Mr. Blackburn files first amended complaint, accepted by SDNY. The FAC differs from the original complaint, but the changes are not identified. The FAC not only includes photographs of Sir Lucian Grange and Ethiopia Haptomerium, but also discloses their home addresses, unnecessarily exposing them to security risks. 3. March 4, 2024. Zaccarin letter to Mr. Blackburn demanding dismissal of claims against the UMG defendants, Sir Lucian Grange, UMG recordings, Ethiopia Haptomerium, and Motown records. The letter specifically refers to Rule 11, why the FAC is not compliant, with Rule 11, and makes clear that the absent, the claims being dropped, the UMG defendants would seek Rule 11 sanctions. The letter states you can avoid a Rule 11 motion only by withdrawing the complaint, or immediately amending it to remove all allegations and claims against our clients. The letter details the falsity of the claims and allegations made against the UMG defendants. Depending on how swiftly you withdraw or amend this complaint, to delete all reference to our clients, we will evaluate when and where they will proceed against you and your client, as well as evaluating proceeding under US Code 28, Section 1927, against you. With reference to the Jones Blackburn opposition to the present sanctions motion, the Zaccarin March 4 letter specifically referenced separately, both Rule 11 and 28 USC, Section 1927, and made clear that our determination on seeking sanctions under US Code 28, Section 1927 would depend on who swiftly the claims were withdrawn, and they were not withdrawn swiftly, thus Jones and Mr. Blackburn were on notice of the potential for sanctions under US Code 28, Section 1927, some three months ago. March 4, 2024, Mr. Blackburn sends an email, rejecting the Zaccarin letter, and contrary to later admissions by both Jones and Mr. Blackburn states, "My client saw your clients at Mr. Combs Homes and witnessed individuals bringing bags of cash to Mr. Combs Home." March 4, 2024, Zaccarin sends email to Mr. Blackburn advising that his allegations are false, and in fact his client could not have seen Grange at Combs Homes because he was never there. 6, March 21, 2024, Blackburn emails Zaccarin falsely states, "This is his third communication and states he is going to make a subsequent filing and claims that I know that Mr. Grange gave strict instructions to UMG's GC and executive team to fix this issue with Mr. Jones. No such instruction exists, and the subsequent filing, presumably, is the second amended complaint." 7, March 21, 2024, Zaccarin responds to Blackburn's email reiterating that the claims were baseless. 8, March 11, through the 23rd, 2024. Mr. Blackburn deals separately with Haptomerium's personal counsel, proposing to drop Haptomerium from the case in exchange for a declaration. Mr. Blackburn's draft declaration was rejected by Haptomerium's personal counsel as being false and inaccurate. Mr. Blackburn sought to get Haptomerium to state that there was a partnership between Motown Records and Love Records, which there was not. Haptomerium's ultimate declaration stated, truthfully, only that Motown Records entered into a license agreement with Love Records to distribute a single album. She denied any cash payments in her declaration and stated that Motown did not run, pay, for, or sponsor any listening parties. Mr. Blackburn in return for his declaration dismissed Haptomerium. 9, May 26, 2024. Judge Oatkin orders dismissal of Haptomerium and Chalice Recording Studios. 10, March 26, 2024. Haptomerium's personal counsel, Ashley Lin, sends Mr. Blackburn a letter advising that his proposed SAC as false and claiming that there was a partnership between Motown and Love Records. That paragraph 218 of the SAC is false, as it is directly contrary to what Haptomerium's declaration states and objects to Mr. Blackburn's false statements to the media that Haptomerium was going to testify against Combs. 11, March 27, 2024. The UMG defendants file their first motion to dismiss the FAC. 12, March 27, 2024. The UMG defendants serve their first Rule 11 motion against Mr. Blackburn and Jones. 13, March 27, 2024. Mr. Blackburn files were purported second amended complaint, SAC, without any identification of changes from the FAC without consent of any defendant or permission from the court. Critically, the proposed SAC completely changes the foundational allegations of the FAC that Motown was the parent company of Love Records, converting it into an alleged partnership which Haptomerium and her personal counsel had already told Mr. Blackburn was completely untrue. The proposed SAC drops the allegations of Haptomerium and Grange attending sex parties at Combs homes, as well as the cash allegations and drops the California premise liability claim, as Haptomerium's declaration refuted it, but otherwise continued to claim that the UMG defendants had engaged in criminal racketeering and sex trafficking. 14, March 27, 2024. Mr. Blackburn sends a letter to the court, ECF-28, which the clerk bounced. Ignoring Ms. Haptomerium's declaration and the letter from her counsel refuting any partnership allegation, ignoring that he had possession of the license agreement attached to the declaration of Ms. Brathwaite in the UMG defendants' motions to dismiss for Rule 11 sanctions. Without explaining the jettisoning of the parent company, foundational allegations of the FAC, Mr. Blackburn doubles down on his partnership assertion, stating defendants are solely responsible for the public statements regarding their partnership with Mr. Combs. Without basis, Mr. Blackburn states that the March 27, 2024 motion to dismiss the first amended complaint, which the second amended complaint has replaced, was filed in bad faith, and was nothing more than a public relations stunt by the defendants. Ignoring that he fell to dismiss all of the claims against UMG defendants, Mr. Blackburn nevertheless, both tries to justify his improper attempt to file the SAC without permission, or leave of the court, and pretends to be compliant with Rule 11. This summer, saddle up with the only sportsbook where you can bet on horse racing, FanDuel. Right now, new customers can get a no-sweat first bet up to $500. Just download the app or go to fanduel.com/horses to score your no-sweat bet up to $500. Twenty-one plus and present in Colorado, offer valid on first real money wager of $5 or more, verified FD Racing account required, bonus issued and non-withdrawable racing site credit that expires seven days after issuance, max refund $500, restrictions apply, see terms at racing.fanduel.com, gambling problem, call 1-800-Gambler. In 2015, March 28, 2024, Zakaran files a responsive letter to the court. We expressly stated, in our March 4 letter, you can avoid a Rule 11 motion only by withdrawing the complaint or immediately amending it to remove all allegations and claims against our clients. That has not been done. Again, details, the falsity of the claims and allegations made by Blackburn. 16, March 28, 2024. Mr. Blackburn files a letter motion seeking leave to file SAC. Again, he acknowledges his opportunity to amend after our Rule 11 motion, stating plaintiff amended the allegedly deficient pleading on March 25, 2024, on the 21st day of the 21st day safe harbor window. Assuming wrongly that the Zakaran, March 4 letter was a Rule 11 notice and plaintiff respectfully requests leave to amend as the amendment is being made pursuant to the 21 safe harbor rule of what plaintiff viewed as a demand to amend or withdraw. Mr. Blackburn also doubles down and refuses to dismiss the claims, as plaintiff sees no reason to withdraw the complaint against defendants UMG, Motown, or Lucian Grange, plaintiff has opted to amend the pleading. It is clear from the second amended pleading that defendants either negligently or intentionally funded the activities of defendant Sean Combs. Mr. Blackburn seemingly was not aware that the claims in the SAC against the UMG defendants could not be based on negligence. Blackburn goes into great detail regarding the supposed facts supporting the claims in the SAC, all of which are entirely conclusory, not factual. He even includes the heading plaintiff stands by the claims raised in the first amended complaint. Nowhere does Mr. Blackburn offer any explanation for the switch from parent company to general business partnership, nor does he mention that have to marry him and her personal counsel expressly rejected the assertion. 17. April 1, 2024, Zakaran files opposition to letter motion. In accordance with rule 11, Mr. Blackburn represented to this court that the allegations of the FAC had a proper legal and factual basis, and yet he has now abandoned every foundational allegation of the FAC. The letter notes the misrepresentation of what was alleged in the FAC regarding the supposed presence of Grange and have to marry him at the sex parties at Combs homes. The FAC alleged Jones personally observed them there, not that he was only told by Combs that they were there, as Mr. Blackburn's letter contends. Mr. Blackburn has demonstrated his contempt for the requirements of rule 11, he has demonstrated his willingness to say anything regardless of whether he has the slightest factual basis for his allegations, and when caught, simply invent new and totally contrary allegations. He is indifferent to the harm caused to the UMG defendants, the completely different theories of the SAC as compared to the FAC, the completely contrary facts underpinning the very same claims show how baseless both the FAC and SAC are. The letter details all of the flaws of both the FAC and the SAC and why amendment would be futile. All right, we're going to wrap up right here, and in the next episode, we're going to finish this bad boy off. All of the information that goes with this episode can be found in the description box.