FILED: NEW YORK COUNTY CLERK 12/14/2015 03:35 PM INDEX NO.

654172/2015
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/14/2015

SUPREME COURT OF THE STATE OF Index No.:

COUNTY OF NEW YORK Date Purchased:
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Plaintiff(s) designate(s)
JAMES "JAS" PRINCE and YOUNG EMPIRE NEW YORK
MUSIC GROUP, LLC County as the Place of trial.
Plaintiff,
The basis of the venue is
-against- CPLR §501

DERRICK LAWRENCE and ON THE ROAD, SUMMONS

LLC,
Defendants.

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To the above named Defendant(s):

You are hereby summoned to answer the complaint in this action and to serve a
copy of your answer, or, if the complaint is not served with this summons, to serve a
notice of appearance, on the Plaintiff's Attorneys within 20 days after the service of this
summons, exclusive of the day of service (or within 30 days after the service is complete
if this summons is not personally delivered to you within the State of New York); and in
case of your failure to appear or answer, judgment will be taken against you by default
for the relief demanded in the complaint.
Dated: New York, New York
December 14, 2015
PROFETA & EISENSTEIN
Attorneys for the Plaintiff
45 Broadway, Suite 2200
New York, New York 10006
Defendant's address: (212) 577-6500

DERRICK LAWRENCE
189 Bridge Street, Apt. 12B
Brooklyn, New York 11201

ON THE ROAD, LLC

c/o Clarke Management and Consulting Group, LLC
12590 Pines Boulevard, Unit 260907
Pembroke Pines, Florida 33026
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK

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JAMES "JAS" PRINCE and YOUNG Index No.:

EMPIRE MUSIC GROUP, LLC

Plaintiffs, VERIFIED
COMPLAINT
-against-

DERRICK LAWRENCE and ON THE

ROAD, LLC,

Defendant.
------------------------------

Plaintiffs James "Jas" Prince and Young Empire Music

Group, LLC, by their attorneys, Profeta & Eisenstein, as

and for their verified complaint against defendants Derrick

Lawrence and On the Road, LLC, state as follows upon

information and belief:

Introduction

1. This is an action for conversion, or civil theft,

and for breach of an agreement under which plaintiffs are

entitled to receive profits derived from the commercial

exploitation of the recordings of Aubrey Graham, the artist

professionally known as "Drake".

2. As set forth below, plaintiffs discovered Drake

and introduced him to defendant and others to further his

career, which is now extremely successful. In return,

defendant agreed in writing to share revenue derived from

Drake's success with plaintiffs.

3. As shown below, defendant Lawrence has impeded

and defeated plaintiffs’ participation rights, and has

diverted the proceeds of such participation to himself and

others.

Parties

4. Plaintiff James "Jas" Prince ("Prince") is a

resident of Houston, Texas and is the principal of

plaintiff Young Empire Music Group, LLC.

5. Plaintiff Young Empire Music Group, LLC ("Young

Empire") is a foreign limited liability company with its

principal place of business in Houston, Texas. Young

Empire is an entertainment company that produces and

furnishes the services of performing artists. Prince and

Young Empire are hereinafter collectively referred to as

"plaintiffs".

6. Defendant Derrick Lawrence (“Lawrence”) is a

resident of New York. Lawrence is a principal and 50% owner

of Aspire Music Group, LLC ("Aspire"), the foreign limited

liability company that contracted with Drake to furnish his

services to others for recordings as hereinafter more fully

appears. Aspire regularly conducts business in New York.

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 7. Defendant On the Road, LLC is a Florida Limited

Liability Company owned by defendant Lawrence and through

which defendant Lawrence has acted, as shown below.

Statement of the Claim

8. In 2007, plaintiffs discovered Drake and brought

him to the attention of defendant Lawrence and others to

further Drake's entertainment career.

9. Defendant Lawrence and others induced Drake to

sign an exclusive artist agreement with Aspire, of which

defendant Lawrence owns 50% and Cortez Bryant owns 50%.

10. Defendant Lawrence and others then caused Aspire

to enter into an agreement to furnish Drake's services to

Young Money/Cash Money, a joint venture of Dwayne Carter

and Cash Money Records, Inc., to produce Drake's recordings

for Universal Music Group, which distributed them in the

universe excluding Canada.

11. Defendant Lawrence and others caused Aspire to

enter into a Manufacturing and Distribution Agreement with

Universal Music Canada, Inc. for distribution of Drake’s

recordings in Canada.

12. Aspire’s profit participation for the universe

excluding Canada is required to be paid to Aspire by Young

Money/Cash Money.
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 13. Aspire’s profit participation for Canada has been

paid by Universal Canada directly to Aspire.

14. In a written agreement ("the settlement

agreement") dated July 9, 2009, clarified by further

agreement dated July 9, 2010, Defendant Lawrence and others

agreed, among other things, to pay to plaintiffs two-thirds

of the compensation payable to Aspire under Aspire's

provision of services agreement with Young Money/Cash

Money, and two-thirds of the compensation payable to Aspire

under the Manufacturing and Distribution Agreement with

Universal Canada.

15. In the settlement agreement, defendant Lawrence

promised to use his "best efforts" to cause Young

Money/Cash Money to account to and pay plaintiffs.

16. In the settlement agreement, defendant Lawrence

promised to “execute, acknowledge and deliver such further

and additional instruments, documents or other items

necessary to implement, confirm or perfect the terms,

provisions and/or intentions” of the settlement agreement.

17. Defendant Lawrence has not caused Young

Money/Cash Money to pay plaintiffs, and has blocked efforts

to bring legal action against Young Money/Cash Money on

Aspire’s behalf, frustrating plaintiffs’ effort to collect

what they are owed.

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 18. Despite plaintiffs’ repeated requests since at

least 2012, Aspire has failed and refused to vindicate, by

suit or otherwise, its right to receive, from Young

Money/Cash Money, one-third of the profits from the

commercial exploitation of Drake’s recordings in the

universe excluding Canada.

19. On September 22, 2015, plaintiffs proposed that

Aspire assign its rights against Young Money/Cash Money to

plaintiffs, with plaintiffs agreeing to pay 100% of the

legal fees to pursue this action and to distribute the

proceeds as they are by contract required to be shared.

20. While Cortez Bryant, the other owner of Aspire,

agreed to this proposal, Defendant Lawrence refused to

agree.

21. Aspire has received more than $2 million from

Universal Canada on account of its share of the profits

from the commercial exploitation of Drake’s recordings in

Canada.

22. Under the settlement agreement, two-thirds of

that amount is owed to plaintiffs, but none of it has been

paid to plaintiffs.

23. Aspire is currently holding funds received from

Universal Canada, which, under the settlement agreement,

are required to be distributed two-thirds to plaintiffs and

one-third to Aspire.
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 24. Cortez Bryant, who owns Aspire with defendant

Lawrence, has agreed to distribute to plaintiffs their

share of the funds received by Aspire from Universal

Canada.

25. Defendant Lawrence has refused to permit the

distribution to plaintiffs of plaintiffs’ share of the

funds received by Aspire from Universal Canada.

26. Cortez Bryant, who owns Aspire with defendant

Lawrence, has agreed to cause Aspire to send a letter of

direction to Universal Canada, directing that two-thirds of

future income be distributed directly to plaintiffs, as

provided under the settlement agreement.

27. Defendant Lawrence has refused to permit Aspire

to send a letter of direction to Universal Canada,

directing that two-thirds of future income be distributed

directly to plaintiffs, as provided under the settlement

agreement.

28. Defendant Lawrence has performed no services for

Aspire, but he has taken distributions from Aspire through

his wholly-owned company defendant On the Road, LLC for

“professional services”, for “officer payout” and for

“payment for outside services rendered” in the amount of at

least $150,000.

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 FIRST CAUSE OF ACTION FOR CONVERSION

29. Plaintiffs repeat the allegations set forth in

paragraphs 1–28 hereof as if fully set forth herein.

30. Defendants Lawrence and On the Road, LLC have

engaged in conversion, or civil theft, of funds belonging

to plaintiffs, for their own benefit, causing damage to

plaintiffs in an amount to be determined at trial, together

with punitive damages.

SECOND CAUSE OF ACTION

FOR TORTIOUS INTERFERENCE WITH CONTRACT

31. Plaintiffs repeat the allegations set forth in

paragraphs 1–30 hereof as if fully set forth herein.

32. With knowledge of the existence of an agreement

between Aspire and plaintiffs, defendant Lawrence caused

and induced Aspire to breach its agreement with plaintiffs.

33. As a result of the tortious interference by

defendant Lawrence with the contract between plaintiffs and

Aspire, plaintiffs have suffered damage in an amount to be

determined at trial, together with punitive damages.

THIRD CAUSE OF ACTION FOR BREACH OF CONTRACT

34. Plaintiffs repeat the allegations set forth in

paragraphs 1–33 hereof as if fully set forth herein.

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 35. Defendant Lawrence has breached the settlement

agreement with plaintiffs, causing damages to plaintiffs in

an amount to be determined at trial.

FOURTH CAUSE OF ACTION FOR BREACH OF THE

COVENANT OF GOOD FAITH AND FAIR DEALING

36. Plaintiffs repeat the allegations contained in

paragraphs 1–35 hereof as if fully set forth.

37. Defendant Lawrence has breached the covenant of

good faith and fair dealing implied in every contract by

acting to block plaintiffs from receiving the benefit of

their agreement with him.

38. As a result of the foregoing, defendant Lawrence

has caused damage to plaintiffs in an amount to be

determined at trial.

WHEREFORE, plaintiffs pray for judgment as follows:

a. On their first cause of action for conversion,

for damages against defendants Lawrence and On the Road,

LLC in an amount to be determined at trial that exceeds the

jurisdictional limits of all lower courts, together with

punitive damages.

b. On their second cause of action for tortious

interference with contract, for damages against defendant

Lawrence in an amount to be determined at trial that

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 c. On their third cause of action for breach of

contract, for damages against defendant Lawrence in an

amount to be determined at trial that exceeds the

jurisdictional limit of all lower courts.

d. On their fourth cause of action for breach of the

covenant of good faith and fair dealing for damages against

defendant Lawrence in an amount to be determined at trial

which exceeds the jurisdictional limits of all lower

courts; together with such other and further relief as to

the Court may seem just and proper, as well as the costs

and disbursements of this action.

Dated: New York, New York

December 14, 2015

Yours etc.,

PROFETA & EISENSTEIN

Jethro M. Eisenstein
45 Broadway, Suite 2200
New York, New York 10006
(212) 577-6500

Attorneys for Plaintiffs

 ATTORNEY'S VERIFICATION

Jethro M. Eisenstein, an attorney admitted to practice

in the courts of New York State and a member of the firm of

Profeta & Eisenstein, hereby affirms under penalty of

perjury that: I am attorney for the plaintiffs in the

within action; I have read the foregoing complaint and know

the contents thereof and the same is true to my own

knowledge, except as to the matters therein stated to be

alleged on information and belief, and as to those matters

I believe it to be true based upon documents in the file

and investigation. The reason this verification is made by

me and not by plaintiffs is because plaintiffs are not in

the county where I maintain my office.

Dated: New York, New York

December 14, 2015

Mam^ H *

JETHRO M. EISENSTEIN

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