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| BLACKJACK DVD LAW SUIT
IN THE CHANCERY COURT FOR SMITH COUNTY
CARTHAGE, TENNESSEE
)
GARY GRANSTAFF, )
)
Plaintiff, )
)
V. ) DOCKET NO. ___________
)
ANN GILLIS and husband, MARVIN BAKER )
and AGP/ANN GILLES PRODUCTIONS, INC )
)
Defendants. )
____________________________________________________________________________
COMPLAINT
____________________________________________________________________________
Comes now the Plaintiff, Gary Granstaff, by and through counsel, and would respectfully show unto the Court as follows:
1. The Plaintiff, Gary Granstaff, (hereinafter "Mr. Granstaff) is a citizen and resident of Smith County, Tennessee, with a mailing address at 115 N. Main Street, Suite 215, Carthage, TN 37030.
2. The Defendant, Ann Gillis, (hereinafter "Ms. Gillis") is a citizen and resident of Robertson County, Tennessee, presently residing at 2725 Gregory Road, Springfield, TN 37172
3. The Defendant, Marvin Baker, (hereinafter "Mr. Baker") is a citizen and resident of Robertson County, Tennessee, presently residing at 2725 Gregory Road, Springfield, TN 37172.
4. The Defendant, AGP/Ann Gillis Productions, Inc., (hereinafter "Gillis Productions") is a Tennessee corporation with its principal place of business located at 9 Music Square South, PMB-94, Nashville, Tennessee 37203.
5. Upon information and belief, Gillis Productions is owned and operated by Defendants Ms. Gillis and Mr. Baker (hereinafter collectively the "Defendants")
6. The Plaintiff, through years of experience has personally developed a unique system for succeeding at the game of Black Jack.
7. Sometime in early 2005, the Plaintiff began a search for potential companies to produce and market an instructional DVD based on his unique Black Jack system.
8. Sometime in March 2005, Mr. Granstaff opened negotiations with the Defendants concerning his ideas for the production and sale of an instructional Black Jack DVD.
9. During those negotiations, the Defendants made numerous representations including the extent of their expertise and connections within the industry, their ability to produce and market the product, the projected cost of such a project and a schedule for production.
10. Based on the Defendants representations and commitments as to cost and time of completion, the Plaintiff stopped pursuing any other productions companies.
11. On or about, April 15, 2005 the Defendants drafted and executed a Production Contract & Letter of Agreement (hereinafter "the Contract") which set out the rights and responsibilities of the parties related to the production of the DVD. A copy of which has been attached hereto as Exhibit "A".
12. The terms of the Contract provide that Mr. Granstaff will supply an outline of his ideas and expertise related to the subject of the Black Jack, appear before camera as the "EXPERT" for the DVD and pay the Defendants Seventy Five Thousand and 00/100 Dollars ($75,000.00) for their services.
13. The terms of the Contract further provide that the Defendant, Gillis Productions, would produce, manufacture, deliver and market, Two Thousand Five Hundred (2500) copies of a "first class" DVDs for the price of Seventy Five Thousand and 00/100 Dollars ($75,000.00).
14. The budget and scheduling for the project were address in an exhibit to the Contract. A copy of that Budget Outline & Schedule A is attached hereto as Exhibit "B".
15. Pursuant to terms of the schedule, the Defendants were required to shoot the project by June 15, 2005, finish post production work by August 1, 2005, complete authoring of the DVD by August 15, 2005, and manufacture Two Thousand Five Hundred (2500) units by September 1,2005.
16. Pursuant to the terms of the budget, the Defendants agreed that the total cost for production would be Forty Three Thousand and 00/100 Dollars ($43,000.00), the total cost for authoring & manufacturing would be Seven Thousand and 00/100 Dollars ($7,000.00), and the total cost for Marketing would be Twenty Five Thousand and 00/100 Dollars ($25,000.00).
17. Pursuant to the terms of the Contract, the Plaintiff made an upfront payment of Twenty Five Thousand and 00/100 Dollars ($25,000.00). The Plaintiff also made a payment of ?? During this period, Mr. Granstaff repeatedly asked at the time of the initial filming of the DVD, which was on or about June 15, 2005.
18. Shortly after the filming of the DVD, it became apparent that the Defendant misrepresented their ability to produce, manufacture and Market the DVD.
19. Defendant, Mr. Baker, failed to ??
20. Plaintiff and his son. Mr. Brett Granstaff, were forced take substantial time from their business and personal time to assist in all aspects of the post production process.
21. Defendants Some time in ?? 2005 Plaintiff made a good faith payment of the remaining Twenty Five Thousand and 00/100 Dollars ($25,000.00).
22. During this period, Mr. Granstaff repeatedly asked ??
23. Upon information and belief, the Defendants, Ms. Gillis and Mr. Baker have deliberately delayed the project
24. During this period, Mr. Granstaff repeatedly asked the Defendants to make the requested changes to the DVD and estimate when he would receive a finished product. The Defendant, Ms. Gillis and Mr. Baker responded by saying ??
25. When Plaintiff ultimately pushed the Defendants for a firm date of when the DVD would be completed, Defendant, Ms. Gillis begins a campaign of avoidance
26. Upon information and belief ??
27. As of the filing of this suit, the Defendants have failed to produce, manufacture or market make any payments to the P.C. and is still in possession of the more than two hundred patient charts that belong to the P.C.
FIRST CAUSE OF ACTION
BREACH OF CONTRACT
28. The Plaintiff incorporates by reference all the averments contained in paragraph 1 through 27 of the Complaint
.
29. The Plaintiff avers that Defendant,_______, breached the contract between the parties in failing to_________.
30. As a direct and proximate result to those intentional acts, the Plaintiff has suffered direct, incidental, and consequential damages in an amount to be proven at trial.
SECOND CAUSE OF ACTION
INTENTIONAL MISRERESENTATION
31. The Plaintiff incorporates by reference all the averments contained in paragraph 1 through 30 of the Complaint.
32. Upon information and belief, the statements made by Defendant, _____________, to Plaintiff in connection with the_____________, as set out above, were false.
33. When Defendant made the aforementioned statements, he/she knew the same were false and made the statements with the intentional purpose of ___________,
34. Plaintiff believed the statements made by Defendant ___________ and, in reliance thereon,
35. As a result of the fraudulent misrepresentations of Defendant __________, Plaintiff has been damaged in that Defendant __________has___________.
THIRD CAUSE OF ACTION
PROMISSORY FRAUD
36. The Plaintiff incorporates by reference all the averments contained in paragraph 1 through 35 of the Complaint.
37. Upon information and belief, the statements made by Defendant,___________, to Plaintiff in connection with___________, as set out above, were false.
38. When Defendant ____________, made the aforementioned statements, he/she knew the same were made without the intent of carrying out the promise and made the statements with the intentional purpose of ______________.
39. Plaintiff believed the statements made by Defendant ______________and in reliance thereon, ______
40. As a result of the fraudulent misrepresentations of Defendant _______________,
Plaintiff has been damaged in that Defendant____________ has ____________
.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully demands:
1. That Defendants be required to answer this Complaint, and that this case be docketed for trial as early as practicable,
2. That the Court award Plaintiff a judgment against the Defendants in the amount of Seventy Five Thousand and 00/100 Dollars ($75,000.00) in compensatory damages and Three Hundred Thousand and 00/100 Dollars ($300,000.00) in consequential damages, plus prejudgment interest as may be allowed by law, attorney fees, court costs and other costs.
3. That the Court award Plaintiff punitive damages in an amount to be determined at trial.
4. That Plaintiff have such other, further and additional relief that the Court deems just and proper.
Respectfully submitted,
___________________________________________
Attorney for Plaintiff
Byron M. Gill. #22802
Attorney for Plaintiff
Source: http://www.filmwatchusa.com
Website: http://www.filmwatchusa.com
Contact Details= FilmwatchUSA
Los Angeles, CA.
Email:info@filmwatchusa.com More... |
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