G-Unit Film & Television, Inc. v. Jameson (In re Jackson)

560 B.R. 39, 2016 Bankr. LEXIS 3574
CourtUnited States Bankruptcy Court, D. Connecticut
DecidedSeptember 30, 2016
DocketCase No. 15-21233 (AMN); Adv. No.: 15-02046
StatusPublished

This text of 560 B.R. 39 (G-Unit Film & Television, Inc. v. Jameson (In re Jackson)) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
G-Unit Film & Television, Inc. v. Jameson (In re Jackson), 560 B.R. 39, 2016 Bankr. LEXIS 3574 (Conn. 2016).

Opinion

Memorandum of Decision and Order Compelling Arbitration and Staying this Adversary Proceeding Until Further Order of the Court

Ann M. Nevins United States Bankruptcy Judge, District of Connecticut

Before the court is defendant Andrew W, Jameson’s (“Jameson”) • motion for an [42]*42order staying this adversary proceeding and compelling arbitration pursuant to a Consultant and Collaboration Agreement dated January 1, 2013 (the “Agreement”), between Jameson and plaintiff G-Unit Film & Television, Inc. (“G-Unit”)(the “Motion”). ECF No. 4. The debtor in the underlying bankruptcy case, case number 15-21233 (the “Main Case”), Curtis J. Jackson, III (“Jackson), is also a plaintiff in this adversary proceeding, asserting claims against Jameson that appear related to Jameson’s conduct vis-a-vis the Agreement.

Jameson, as a claimant, filed a Demand for Arbitration with the American Arbitration Association naming G-Unit as the sole respondent, dated the same day the complaint commencing this adversary proceeding was filed, September 22, 2016. See, ECF No. 4-1, pp. 1; 15-16.

For the reasons that follow, the court grants the Motion and orders that: (1) G-Unit and Jameson shall proceed with arbitration pending before the American Arbitration Association; (2) Jackson shall also proceed with the arbitration pending before the American Arbitration Association as a witness, if called, and as a party, once joined; and, (3) this adversary proceeding shall be stayed until further order of the court.

I. Jurisdiction and Venue

This court has jurisdiction over this action pursuant to 28 U.S.C. §§ 157(b) and 1334(b) and the District Court’s Order of referral of bankruptcy matters, dated September 21, 1984. This adversary proceeding relates to the Main Case pending in this district; therefore, venue is proper in this district pursuant to 28 U.S.C. § 1409. This is a non-core proceeding.

II. Procedural Background

G-Unit and Jackson filed a complaint in this court against Jameson on September 22, 2015, seeking damages for, among other things, breach of the Agreement, breach of fiduciary duty and violations of the California Labor Code. On or about the same day, September 22, 2015, Jameson filed a demand for arbitration with the American Arbitration Association, naming G-Unit— but not Jackson — as a respondent. ECF No. 4-1; pp.l; 15-16. Thereafter, on October 28, 2015, Jameson filed the Motion seeking an order staying this adversary proceeding and compelling arbitration of plaintiffs’ claims in accordance with the Agreement’s arbitration clause. ECF No. 4. The parties briefed the issues raised in the Motion, ECF Nos. 25 and 26, and the court heard oral argument during a hearing on February 2, 2016 (the “Hearing”). ECF No. 29 [audio file],

G-Unit, through counsel, conceded that it could be compelled to arbitrate in California and that the court could not stay the arbitration as to the G-Unit claims against Jameson. ECF No. 29 at 00:17:45-00:18:30; 00:46:00-00:47:00; 00:50:49-00:51:16. However, Jackson, through the same counsel, argued that he could not be compelled to arbitrate in California due to the application of California Code of Civil Procedure § 1281.2(c) (“§ 1281.2(c)”) to the Agreement, and that the same provision gave the court the discretion to stay the arbitration entirely and to compel Jameson to litigate his claims before the Bankruptcy Court. ECF No. 29 at 00:23:20-00:25:40; 00:28:30-00:29:04.1 This argument was raised for this first time during the Hearing and so the court ordered additional briefing as to [43]*43the application of § 1281.2(c). ECF No. 5; see also ECF No. 36 in Jackson v. Jameson, Case No. 15-02051; see, ECF Nos. 26 and 37.

III. Factual Background: The Agreement

On or about January 1, 2013, plaintiff G-Unit Film & Television, Inc. entered into the Consultant and Collaboration Agreement with defendant Andrew W. Jameson related to the production of television programming. ECF No. 4-1 at 4-10 (copy of the Agreement). While the Agreement was signed only by an agent for G-Unit and Jameson, it included substantive provisions directly relating to and intended to affect Jackson. For example, the Agreement prevented Jackson from entering into production agreements with other television producers, gave him rights to production credits, and expressly excluded his activities as a musician and actor from its terms. The Agreement stated, in relevant part:

5. ATTACHMENT TO PROJECTS. [Jameson] shall be attached in perpetuity to all Collaboration Projects (as an “executive producer” with respect to Collaboration Projects intended as television productions, and as a “producer” with respect to all other Collaboration Projects). Further, during the Term, [G-Unit] (including [G-Unit’s] principal, [Jackson,] and any related or affiliated entity(ies)) shall not enter into any agreement with any studio, network, financier, distributor, or other third party to produce any television project or new media project (whether a [G-Unit] Project or a project originated by a third party) unless [Jameson] shall also be attached thereto as an executive producer pursuant to the terms hereof; provided that in the case of a new media project, such project shall be in the nature of series television and substantially unrelated to Jackson’s activities in the music industry. [G-Unit] may, its sole discretion, attach [Jameson] to [G-Unit] Projects, other than television projects (e.g., theatrical motion picture projects), subject to Jameson’s consent thereto; provided that any such agreement shall be confirmed in writing. Any Collaboration Project or [G-Unit] Project hereunder to which [Jameson] shall become attached shall be a “Project”. ECF No. 4-1 at 5 (emphasis added).
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B. CREDIT. [G-Unit] and [Jameson] agree that they shall share producing credit on all Projects produced hereunder in substantially the following form: “Executive Producer: Curtis “50 Cent” Jackson and Andrew Jameson” and the parties’ individual producing credits shall be tied to each other in all respects. Additionally, the parties agree that [G-Unit] shall be entitled to receive company credit on all Projects hereunder, and subject to network/financier approval, as applicable, [the Defendant] shall also be entitled to receive a separate company credit on all Projects hereunder in a second position to Company.” ECF No. 4-1 at 6 (emphasis added).
[[Image here]]
8. OUTSIDE PROJECTS AND SERVICES ... Furthermore, nothing contained herein shall prohibit or restrict Jackson’s right to perform acting, publicity, personal appearance, endorsement, voice-over, songwriting, signing or musical performing services in the entertainment industry. Similarly, neither [Jameson] nor Jackson shall be obligated to render any services other than customary development and producing services In connection with the Projects. In the event [44]

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Bluebook (online)
560 B.R. 39, 2016 Bankr. LEXIS 3574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/g-unit-film-television-inc-v-jameson-in-re-jackson-ctb-2016.