The case is Tatia Morsette, Representative, PM7 Entertainment Int’l, LLC, v. Chester A. Brewster d/b/a Davenstar Media Grp., et al., No. 1:13-cv-11-AT, filed 12/2/13 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, and has been assigned to U.S. District Judge Amy Totenberg.
The plaintiff, Tatia Morsette (“Morsette”), acting as a representative of PM7 Entertainment Int’l, LLC (“PM7”) filed suit in the Northern District of Georgia, Atlanta Division, on January 2, 2013, against Chester A. Brewster (“Brewster”). Suit was originally brought in the Superior Court of DeKalb County, Georgia, on December 20, 2010 (case no. 10CV13893-9) and voluntarily dismissed on November 19, 2012.
The gravamen of the complaint is an oral contract alleged entered into between PM7 and Brewster in April or May 2010 regarding obtaining talent, directing, and producing a show promoting Paul Mooney as the Godfather of all comedians. Morsette alleges working for Mr. Mooney as his personal assistant and manger for 18 years.
Morsette alleges that the contracting parties did not agree to share any risks, expenses, or control, but that in return for securing Mr. Mooney and other comedians to perform, Brewster would secure the venue, produce and direct the performance, contract with the venue and Ticketmaster and split all proceeds 50/50 with Morsette (whether through Ticketmaster or the venue). In addition to Mooney, Morsette alleged securing the services of comedians Ricky Smiley, Guy Torry, Tony Tone, and “Pierre.”
Morsette alleges having worked on the performance and having “published her creation of the Godfather of Comedy with the Writers Guild of America on June 17, 2010.” The parties advertised “The Godfather of Comedy” show through radio and print and it was successfully performed on August 31, 2010, collecting “at least forty-five thousand dollars” in ticket sales, none of which were remitted to Morsette, according to the complaint. Morsette further alleges that Brewster filed an unlawful copyright registration for “The Godfather of Comedy” with the United States Copyright Office on September 8, 2010.
The complaint seeks an injunction, as well as damages for copyright infringement, fraud, and breach of the parol agreement. According to the complaint, Morsette fully performed her obligations under the parole agreement and Brewster partially performed his obligations.