Czech v. Gordon

68 Pa. D. & C.4th 225, 2004 Pa. Dist. & Cnty. Dec. LEXIS 218
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedSeptember 27, 2004
Docketno. 00148
StatusPublished
Cited by1 cases

This text of 68 Pa. D. & C.4th 225 (Czech v. Gordon) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Czech v. Gordon, 68 Pa. D. & C.4th 225, 2004 Pa. Dist. & Cnty. Dec. LEXIS 218 (Pa. Super. Ct. 2004).

Opinion

COHEN, G.D., J.,

The court has before it the defendants’ motion for summary judgment in this lawsuit in which the plaintiff made claims of “malicious defamation” (Count I of the complaint); “slander per se” (Count IT); “tortious interference with contract” (Count III); “tortious interference with prospective economic relations” (Count IV); and “commercial disparagement” (Count V).

The court will grant the defendants’ motion and dismiss the plaintiff’s complaint with prejudice.

FACTUAL BACKGROUND

The foregoing charges arose from business dealings between the plaintiff and defendants. In 2002, the plaintiff, in addition to his law practice, ran a business called YB Entertainment Group. YB Entertainment Group was devoted to promoting the careers of entertainers. Plaintiff Paul Czech, as the principal in YB Entertainment Group, conducted negotiations with representatives of the defendants, principally defendant Geoffrey Gordon, an employee of Clear Channel Entertainment Inc., for the purpose of placing entertainers in favorable venues. The back story of this lawsuit focused on a group known as the Prophets of the Ghetto. After an initial, successful performance at smaller venues, the Prophets of the Ghetto sought, through YB Entertainment Group, to perform at larger theaters run by the defendants Electric Factory [227]*227Concerts Inc. and Clear Channel Entertainment Inc., such as the Electric Factory and the Tweeter Center. On or about September 3, 2002, an exchange of e-mails took place between Elisabeth Colbath, a co-owner of YB Entertainment Group, and Geoffrey Gordon, an official of Electric Factory Concerts Inc., which in turn is a subsidiary of Clear Channel Communications Inc. The e-mail exchange between Ms. Colbath and Mr. Gordon concerned whether the group Ms. Colbath’s business represented — Prophets of the Ghetto — could perform on the same show bill as the group Public Enemy, which was to appear at the Electric Factory on September 21, 2002. To capsulizethe e-mail exchange, once Ms. Colbath proposed that the Prophets of the Ghetto appear on the September 21 program, Mr. Gordon inquired how many tickets the group could guarantee. Mr. Gordon suggested a guarantee of 500 tickets at $20 a ticket. Ms. Colbath objected to this presumed condition and wrote Mark Schultz, executive director of the Philadelphia Chapter of the National Academy of Recording Arts and Sciences. In her e-mail to Mr. Schultz, Ms. Colbath cited Mr. Gordon’s expectation that the Prophets of the Ghetto would sell $ 10,000 worth of tickets as “a perfect example of how all EFC [Electric Factory Concerts] does is stagnate local artists.” To this Mr. Schultz responded with an e-mail defending Electric Factory Concerts. The dialogue between Mr. Gordon and Ms. Colbath deteriorated in tone. Ms. Colbath addressed an e-mail to Mr. Gordon that read as follows:

“We are just going to have to find another way to handle this . . . This looks and sounds like anti-trust to me... I am sure our attorney will be interested in this. I [228]*228think that a jury will not like your business practices ... We know who to go to and will be glad to tell them how independent you think you are in a major corporation. This alone may be excellent grounds for an anti-trust suit.”

Mr. Gordon responded to Ms. Colbath’s message with a note reminding her that she had asked what it would take for the Prophets of the Ghetto to perform in the show. Pie added:

“IF YOU’RE TPIREATENING ME AT LEAST PIAVE TPIE GUTS TO DO IT IN PERSON. LOSE MY NUMBERS AND E-MAIL ADDRESS. YOU ARE UNBELIEVABLY UNPROFESSIONAL AND BECAUSE OF THIS BEPIAVIOR YOU LEAVE ME NO CHOICE BUT TO NEVER EVER DEAL WITH YOU IN MY LIFETIME. GOOD LUCK. I NEVER SAID NO ONE IS OVER ME. AGAIN, I CHALLENGE YOU TO ‘GO OVER MY HEAD. ’ I WROTE THIS IN CAPITALS SO MAYBE THIS TIME YOU WOULD SEE IT. I PIOPE THIS PIELPS....”

(The foregoing e-mails are collected in full as exhibits to the plaintiff’s third amended complaint — see exhibit B to the defendants’ memorandum of law in support of summary judgment.)

At this point, the plaintiff, Paul Czech, got involved in the contretemps. Geoffrey Gordon called YB Entertainment on the telephone to speak with Ms. Colbath. Mr. Gordon explained the ensuing events as follows:

“I remember calling and asking for Lisa [Ms. Colbath] and Paul [plaintiff] picked up. I said is Lisa there, Paul? He said, Can I put you on the speaker? I said, No, please [229]*229don’t put me on the speaker. I was put on the speaker and I think it was more of — I don’t remember the exact specifics, but it was more of the same tone of threatening lawsuits and so on and so forth----” (See deposition of Geoffrey Scott Gordon, id., exhibit F, p. 161.)

Mr. Gordon denies putting the speakerphone on at his end, but acknowledges that others were within range of his conversation. Mr. Gordon acknowledges becoming “inflamed” (id., p. 165), and, after receiving what he characterized as further threats from Mr. Czech, specifically threats of an anti-trust lawsuit, Mr. Gordon called Mr. Czech a “moron” and “idiot” and “incompetent.” (Id, p. 167.)

The parties essentially agree on the central components of the exchange between Mr. Czech and Mr. Gordon other than in one aspect. The plaintiff claims that Mr. Gordon asked to be put on the speakerphone. The defendants deny that Mr. Gordon elected to be on the speakerphone.

The exchange between Mr. Czech and Mr. Gordon is one hemisphere of the plaintiff’s lawsuit. The plaintiff also bases his claims of tortious interference with contract and commercial disparagement on the alleged contents of a broadcast on radio station WIOQ on March 22 and 23, 2003. This broadcast read in full:

“Are you a new musician or artist trying to get your big break but you can’t seem to get anyone to listen to your stuff? (Phone rings.) Hi, big record label, can I help you? Hi, I’m in a band and I was wondering if you listen (laughing), but we are really good. Yeah kid, that is what they all say. Then, check out the Clear Channel new music network at Q102Philly.com. It is the newest industry hot [230]*230spot for up and coming artists to get noticed. Whether it is rock, pop, hip-hop or dance. The Clear Channel new music network is your link to the rest of the world and it is free to join. Post a bio and upload your song for others to check out, get reviews or critique others or maybe you are just a fan of new music and wanna hear what is out there. It is the Clear Channel new music network at Q102Philly.com.”

The plaintiff advised the defendants of a witness, one Thomas Keiser, a 19-year-old student at the University of the Arts in Philadelphia and a friend and roommate of plaintiff’s photographer. Mr. Keiser said under oath that he heard the foregoing promotion when it aired on both nights and that the words “YB Entertainment” were substituted for the terms “big record label.” (Defendants’ memorandum of law in support of summary judgment at p. 9.)

Mr. Keiser said that his opinion of Mr. Czech, whom he knew, did not change as a result of hearing the claimed advertisement.

LEGAL STANDARD

Pennsylvania Rule of Civil Procedure 1035 governs summary judgment and it provides, in relevant part:

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Related

Purcell v. Ewing
560 F. Supp. 2d 337 (M.D. Pennsylvania, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
68 Pa. D. & C.4th 225, 2004 Pa. Dist. & Cnty. Dec. LEXIS 218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/czech-v-gordon-pactcomplphilad-2004.