United States District Court, E.D. North Carolina, Western Division
TERRENCE W. BOYLE, CHIEF UNITED STATES DISTRICT JUDGE
matter is before the Court on numerous motions. Motions DE
25, 27, 48, 49, 54, and 74 are GRANTED. Motions DE 22, 38,
39, 40, 44, 45, 61, 68, 73, and 77 are DENIED. Plaintiff is
GRANTED thirty (30) days to respond to outstanding motions to
dismiss. All the defendants that have appeared-ABM, Dotel,
Kapital, Castillo, Alvarez, and Duars-are GRANTED thirty (30)
days from the date of this order to answer or otherwise
underlying dispute in this case stems from a failed rap and
reggaeton concert in Fayetteville, North Carolina in July
2017. Plaintiff, Lawrence Floyd, conducted business in North
Carolina as a promoter of various events, including concerts,
sports, and entertainment events. DE 1, ¶ 17. Sometime
in 2017, plaintiff became interested in putting on a rap,
R&B, and reggaeton concert in Fayetteville, NC, and began
reaching out to contacts for guidance. Id. ¶
46-49. He was referred to defendant Warrenna Watkins of On
the Rox Entertainment, a talent and booking agent with
offices in Kansas City, MO and Atlanta, GA. Id.
¶ 50. Ms. Watkins agreed to assist plaintiff in putting
on the event, including booking and dealing with contracts
and logistics. Id. ¶ 54. Ms. Watkins reached
out to artists on her list and around the same time plaintiff
was introduced to other artists, many of whom are named
defendants in this action. Id. ¶ 58, 60. The
eventual line-up for the event consisted of the following
artists: Defendant Rafael Castillo ("Castillo"),
Defendant Javid David Alvarez Fernandez
("Alvarez"), Efrain David Fines Nevares
("Fines"), Defendant Ronny Kevin Roldan Velasco
("Roldan"). Id. ¶ 61. The concert was
set to occur on July 22, 2017. Id. ¶ 62.
Watkins allegedly negotiated contracts with each artist on
behalf of the plaintiff. Id. ¶ 65. During the
period leading up to the concert, plaintiff hired individuals
to help with logistics and paid many of the up-front costs of
the concert. Additionally, Mr. Floyd paid the artists'
deposits and paid for travel-related expenses.
weeks before the concert, defendant Roldan backed out of
performing due to an apparent visa issue. Id. ¶
76. Despite Roldan's backing-out, the event went ahead
with the other artists. On July 22, 2017, the day of the
concert, the artists had checked into their hotel,
participated in sound checks, and the crews and staff were
ready. Id. ¶ 83-87. But at 9:00 PM, when the
concert was scheduled to begin, defendant Castillo was
allegedly nowhere to be found. Id. ¶ 87. After
a delay, ticketholders began demanding refunds from the box
office. Id. ¶ 89. During this same delay, the
remaining artists-Alvarez and Fines-were encouraged to
perform, but refused. Id. ¶ 90. At 10:30 PM,
the general manager of the venue decided to call off the
concert and told guests that they would receive a refund.
Id. ¶ 91. Plaintiff had to settle with the
venue for the reimbursements to ticketholders. Id.
¶ 93. Efforts for a make-up concert also failed. M¶
brought this suit to recover $723, 000 in out-of-pocket
costs, as well as additional damages for reputational
injuries, and punitive damages. Plaintiff is suing Ms.
Watkins, her company On the Rox Entertainment, all the
artists, and the artists' alleged agents, which include:
(1) Kapital Music & Entertainment ("Kapital"),
agent of Roldan; (2) ABM and Gabriel Dotel, agents of Roldan;
(3) Duars Entertainment Corp ("Duars"), agent of
Castillo; and (4) Jonathan Morales, agent of Alvarez and
alleges constructive trust, fraud in the inducement,
violation of North Carolina's deceptive trade practice
law, negligent misrepresentation, breach of contract, breach
of implied covenant of good faith and fair dealing, unjust
enrichment, and quantum meruit.
defendants are out-of-state, and some are foreign based.
Plaintiff claims he had difficulty serving process on the
defendants. The Court will dispense with going into the
details of plaintiff s alleged efforts to serve each
defendant and their reasons for delays in appearing. The
Court simply notes that defendants missed the deadline to
answer and plaintiff moved for entry of default. At this
point, six of the ten defendants have appeared and oppose the
defaults. The parties filed numerous motions, and the case
has 18 pending motions. On October 8, 2019, the Court held a
hearing at Elizabeth City, NC.
case now stands as follows. Plaintiff has outstanding motions
for entry of default against defendants Fines [DE 22],
Castillo [DE 38], ABM [DE 44], Dotel [DE 45], On the Rox [DE
48], Watkins [DE 49], and Morales [DE 54].
Clerk entered default against Duars [DE 20]. Duars moves to
set this default aside and for extension of time to answer or
otherwise plead. [DE 27]. Alvarez preemptively moved to set
aside default, which has not been entered yet [DE 25].
following defendants have moved to dismiss the case: Duars
[DE 33], Alvarez [DE 41], and Kapital [DE 78].
following parties have moved for extension of time: Plaintiff
[DE 40] to respond to Duars' motion to dismiss, ABM [DE
61] to answer or otherwise plead, Kapital [DE 77] to answer
or otherwise plead, and Kapital via consent motion [DE 73] to
answer or otherwise plead. ABM and Dotel have moved to
withdraw attorney because of a potential ...