r,44C/SDNY

REV. 4/2&14
>>'' ^mR
xlML COVER SHEET
The JS-44 ch/il cover sheet and the information contained herein
pleadings orotherpapersas required by law, except as provided by
Judicial Conference of the United States in September 1974, is requ'n
initiatingthe civil docket sheet
ORIGINAL w
ptement the filing and service of /|L
ThjTfcm, approved bythfj^, -^ .-^
le#oftmJforthepurposiW T > O
PLAINTIFFS
LIZA RIOS, as the Personal Representative of the Estate of
CHRISTOPHER RIOS p/k/a "BIG PUN"
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
LITA ROSARIO, ESQ.; 1100 HSTREET NW, SUITE315, WASHINGTON,
DC 20005; (202) 628-1092
DEFENDANTS
JOSEPH CARTAGENA p/k/a "Fat Joe" &JELLYJAMS, LLC, a Delaware
Corporation
SEP 1 8 2014
ATTORNEYS (IF KNOWN) u'
CAUSE OFACTION(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
Breach of contract and failure to account for advances and royalties due to the estate of the plaintiff.
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNYat any time? N<EjVesL"Judge Previously Assigned
If yes, was this case Vol.Qlnvol. Dismissed. No^ Yes If yes, give date.
|ST1AN MTERMATIOIUL ARBITRATIONCASE?
(PLACEANM INONEBOXONLY)
TORTS
Mo D V*s D
NATURE OF SUIT
CONTRACT PERSONAL INJURY
[ ] 310 AIRPLANE
[ J315 AIRPLANEPRODUCT
LIABILITY
[ ] 320 ASSAULT. UBEL&
SLANDER
(1330 FEDERAL
EMPLOYERS'
LIABILITY
[ ] 340 MARINE
[ ]345 MARINE PRODUCT
LIABILITY
[ ] 350 MOTOR VEHICLE
[ ]355 MOTOR VEHICLE
PRODUCT LIABILITY
[ ]360 OTHER PERSONAL
INJURY
[ J362 PERSONAL INJURY
MEO MALPRACTICE
PERSONALHUURY FORFEITURE/PENALTY
[1367 HEALTHCARE/
PHARMACEUTICAL PERSONAL r 1825 DRUGRELATED
INJURY/PRODUCT LIABILITY seizure OFPROPERTY
[]365 PERSONALINJURY 21 USC 881
PRODUCT LIABILITY [1690OTHER
[ ]368 ASBESTOS PERSONAL I J""""
INJURY PRODUCT
UABttJTY
PERSONAL PROPERTY
I ]370 OTHER FRAUD
[ ]371 TRUTHINLENDING
[1110
[1120
[1130
[1140
[1150
[)151
[]1S2
[]153
[1160
M190
[1195
[]196
INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERYOF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCLVETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE
ACTIONS UNDER STATUTES
cm. RIGHTS
REAL PROPERTY
[ ]440 OTHER CIVILRIGHTS
(Non-Prisoner)
[ ] 380 OTHER PERSONAL
PROPERTY DAMAGE
[ 1385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[] 463 ALIENDETAINEE
(1510 MOTIONS TO
VACATE SENTENCE
28 USC 2255
[] 530 HABEAS CORPUS
(] 535 DEATHPENALTY
[ ] 540 MANDAMUS &OTHER
[1210
[1220
[ 1230
[1240
[1245
[1290
LAND
CONDEMNATION
FORECLOSURE
RENT LEASES
EJECTMENT
TORTSTOLAND
TORTPROOUCT
LIABILITY
ALL OTHER
REAL PROPERTY
[ ]441 VOTING
[ 1442 EMPLOYMENT PRISONEROVtt. RIGHTS
[ J443 HOUSING/ [ 1462 NATURALIZATION
ACCOMMODATIONS [ ]550 CIVIL RIGHTS APPLICATION
[ ]445 AMERICANS WITH [] 555 PRISONCONDITION [ J465OTHERIMMIGRATION
DISABILITIES- [ J560CMLDETAINEE ACTIONS
EMPLOYMENT CONDITIONS OF CONFINEMENT
[]446 AMERICANSWITH
DISABILITIES OTHER
[ ]448 EDUCATION
Checkifdemanded incomplaint
CHECK IF THIS IS ACLASS ACTION
UNDER F.R.C.P. 23
LABOR
( J710 FAIR LABOR
STANDARDS ACT
[ 1720LABOR/MGMT
RELATIONS
[ ]740 RAILWAY LABOR ACT
[ ] 751 FAMILYMEDICAL
LEAVE ACT (FMLA)
( ]790 OTHER LABOR
LITIGATION
[ )791 EMPL RET INC
SECURITY ACT
IMMIGRATION
& Case No.
ACTIONS UNDHt STATUTES
BANKRUPTCY
[]422 APPEAL
28 USC 158
[ ]423 WITHDRAWAL
28 USC 157
PROPERTY RIGHTS
[ ]820 COPYRIGHTS
[ J830 PATENT
[ 1840TRADEMARK
SOCIAL SECURITY
[ ] 861 HIA (1395ff)
[ ]862 BLACKLUNG (923)
[ 1863 DIWC/DIWW(405(g))
[] 864 SSIDTITLE XVI
[ 1865 RSI (405(g))
FEDERAL TAX SUITS
[J 870 TAXES (U.S. I
Defendant)
[ ]871IRS-THIRD PARTY
26 USC 7609
OTHER STATUTES
375 FALSE CLAIMS
400 STATE
REAPPORTIONMENT
[ ]410 ANTITRUST
[ J430 BANKS&BANKING
[ J450 COMMERCE
[ 1460 DEPORTATION
[ ]470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ]480 CONSUMER CREDIT
[ )490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE
H
[ 1890 OTHER STATUTORY
ACTIONS
[ ]891 AGRICULTURAL ACTS
[ ] 893 ENVIRONMENTAL
MATTERS
[ ]895 FREEDOMOF
INFORMATION ACT
[ ] 896 ARBITRATION
[ 1 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEWOR
APPEAL OF AGENCY DECISION
I J950 CONSTITUTIONALITY OF
STATE STATUTES

MTHIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

DOCKET NUMBER
JUDGE
DEMAND $ OTHER
CheckYES onlyifdemanded incomplaint
JURYDEMAND: SYES LNO
NOTE: You mustalsosubmitat the timeoffiling the Statementof Relatedness form (Form IH-32).
(PMCEAN x INONEBOXONLY)
II 2 Removed from
State Court
LH1 Original
Proceeding
ORIGIN
D 3 Remanded d * Reinstated or 5 Transferred from 6 Multidistrict Q 7 Appeal to District
fc^. Reopened (Specify District) Litigation Judgefrom
peate tX%JUd3
Court Judgment
| | b. Atleast one
party Is prose.
(PLACEAN x INONEBOXONLY) BASIS OF JURISDICTION
1 U.S. PLAINTIFF 2 U.S. DEFENDANT Q 3 FEDERAL QUESTION 04 DIVERSITY
(U.S.NOTAPARTY)
IFDIVERSITY, INDICATE
CITIZENSHIPBELOW.
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Placean [X] inone box for Plaintiff and one box for Defendant)
PTF DEF
CITIZEN OF THIS STATE 1 []1
CITIZEN OF ANOTHER STATE [ ] 2 M2
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTF DEF
(]3(]3
PTF DEF
INCORPORATED and PRINCIPAL PLACE [ ] 5 ( ] 5
OF BUSINESS IN ANOTHER STATE
INCORPORATED or PRINCIPAL PLACE [ ]4 ( ]4
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
LIZA RIOS
FOREIGN NATION []6 []6
DEFENDANTS) ADDRESS(ES) AND COUNTY(IES)
Joseph Cartagena p/k/a "FAT JOE" 215 Aqua Terrace, Miami, FL33141
Jelly Jams, LLC, a Delaware Corporation, 2000 NE 30th Place, Suite209, Fort Lauderdale, FL 33306
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBYMADE THAT, ATTHISTIME, I HAVE BEENUNABLE, WITH REASONABLEDILIGENCE, TO ASCERTAIN
REST06NCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BEASSIGNED TO: Q WHITE PLAINS H] MANHATTAN
(DO NOT checkeitherboxifthisa PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
DATE SIRMjSftjRE O^ATTORNEY OF RECORD / . , ADMITTED TO PRACTICE IN THISJJISTRICT
-Wi ...__. - , , , IVfLYES(DATEADMITTED Mo.
RECEIPT* J& ' ' AttorneyBarCode *, ,
Magistrate Judge istobedesignated bytheClerk oftheCourt. nm/irrnnriMU
MAG. JUDGE FREEMAN
Magistrate Judge is so Designated.
rHIS_DISTRICT
Ruby J. Krajick, Clerk of Court by. Deputy Clerk, DATED.
UNITEDSTATES DISTRICT COURT (NEW YORK SOUTHERN)
Clear Form Save Print
*\rr r\ tj^fl^nTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEWYORK
14 CV
ORIGINAL
^583
LIZA RIOS, as the Personal Representative
of the Estate of CHRISTOPHER RIOS
p/k/a "BIG PUN,"
Plaintiff,
VERTFTED COMPLAINT
Civil Action No.:
JOSEPH A. CARTAGENA p/k/a "FAT JOE,"
individually and as successor to
Terror Squad Productions, Inc.
215 Aqua Terrace
Miami, Florida 33141
JELLY'S JAM, LLC, a Delaware Company
2000 NE30th Place, Suite209
Fort Lauderdale, Florida 33306
Defendants.
CJ
VERTFEED COMPLAINT
Plaintiff, LIZA RIOS, as the Administrator of the Estate of CHRISTOPHER RIOS p/k/a
"BIG PUN," by and through the undersigned counsel, Lita Rosario, Esq., for her Complaint
against Defendants JOSEPH A. CARTAGENA p/k/a "FAT JOE" AND JELLY'S JAMS, LLC
and alleges as follows:
NATURE OF THE ACTION, JURISDICTION ANDVENUE
1. Plaintiffbrings this civil actionseeking redress against: (i) Defendant JOSEPH A.
CARTAGENA p/k/a "FAT JOE," for breach of contract and accounting and termination of a
partnership agreement, and (ii) JELLY'S JAMS, LLC for fiduciary duty relating to thefailure to
pay and to account for advances androyalties due theEstate of Christopher Rios andtermination
of theadministration provisions of a music publishing agreement.
o
2. This Court has jurisdiction under 28 U.S.C. 1332 (diversity jurisdiction) and the
amount in controversy exceeds $75,000.00;
3. This Court has personal jurisdiction over Defendants in that Defendants do
business in this District.
4. Venue is proper in the Southern District of New York under because Defendants
do business in this District.
5. All conditions precedent to the filing of this Complaint have occurred or have
been performed.
THE PARTIES
6. CHRISTOPHER RIOS p/k/a "BIG PUN," died at the height of his career on
February 7, 2000 ("Decedent RIOS"). As detailed below, Decedent RIOS was a platinum selling
and award winning hip hop artist and songwriter whose biggest hit solo .single records were
"I'm Not A Player" and "Still Not A Player." His albums entitled "Capital Punishment" and
"Yeeah Baby" sold over 1,500,000 and 900,000 units domestically, respectively, and an
unknown number worldwide and received critical acclaim. Likewise, his music videos are highly
acclaimed and have received over 60,000,000 views on youTube. Before his untimely death, his
vocal performances were included on the records of other famous recording artists including Fat
Joe, Terror Squad, Jennifer Lopez, Ashanti, Donnell Jones, Jadakiss, Style P, Noreaga, Cam'ron,
Pete Rock, Reakwon, The Beatnuts and Cuban Link. Big Pun is an industry icon and a legend for
the Latino Hip Hop community.
7. Plaintiff LIZA RIOS ("Plaintiff') is a citizen and resident of the State of New
York and is the administrator of the Estate of CHRISTOPHER RIOS p/k/a "BIG PUN," her
deceased husband.
8. Defendant JOSEPH A. CARTAGENA p/k/a "FAT JOE" ("Defendant FAT JOE")
is a resident of the State of Florida, Miami-Dade County.
9. Upon information and belief, Defendant FAT JOE is the successor in interest to
Defendant Terror Squad Productions, Inc. a music production company and record label that was
owned by Defendant FAT JOE and operated by Defendant FAT JOE, until the corporation was
involuntarily dissolved by proclamation/annulment of authority on July 28, 2010, by the State of
New York (herein "Defendant Terror Squad Productions").
10. Defendant JELLY'S JAMS, LLC ("Defendant JELLY'S JAMS") is a Delaware
corporation with its principle place of business in Fort Lauderdale, Florida and is a music
publishing company.
COMMON FACTUAL ALLEGATIONS
Decedent RIOS' Recordings under Defendant Terror Squad Productions.
11. Decedent RIOS and Defendant Fat Joe had a partnership agreement regarding
Decedent RIOS providing his exclusive services as a recording artist to Defendant Fat Joe/Terror
Squad Productions.
12. Decedent RIOS and Defendant Fat Joe/Terror Squad Productions agreed that they
would divide advances and royalties under the terms of the partnership agreement regarding
master recordings that featured Decedent RIOS vocal performances.
13. Defendant Fat Joe/Terror Squad Productions, Inc. as producer grantor, entered
into an agreement with and Loud Records dated September 6, 1996 to provide Decedent RIOS'
exclusive recording services (herein the "Loud Agreement") pursuant to the oral partnership
agreement between Defendant Fat Joe and the Decedent RIOS.
14. Decedent RIOS executed a so-called "inducement letter" dated September 6,1996,
with Loud Records which provided that Terror Squad Productions, Inc was providing Decedent
RIOS' exclusive recording services to Loud Records pursuant to an agreement between
Decedent RIOS and Terror Squad Productions.
15. Based upon information and belief, Loud Records was party to a third party
record distribution agreement with RCA Records from 1996 until 1999.
16. Decedent RIOS commercially released his first single titled "I'm Not A Player"
in October 14,1997.
17. Decedent RIOS commercially released his first album titled "Capital Punishment"
on April 28,1998.
18. According to the Sound Scan "Capital Punishment" had sold 1,500,000 units
domestically as of March 2005.
19. Thereafter, on December 11, 1998, Decedent RIOS acknowledged by his
signature an amendment to the Loud Agreement with Loud Records' successor in interest, Loud
Records, LLC and Defendant Terror Squad Productions (herein the "Loud Amendment," the
Loud Agreement and the Loud Amendment are collectively referred to herein as the "Loud
Agreements").
20. There were many versions/remixes of "I'm Not A Player" including Still Not A
Player."
21. Decedent RIOS commercially released his second album titled "Yeeeah Baby''' on
April 4, 2000.
22. There were two singles released from second album titled "Yeeeah Baby" "It's
So Hard' and "100%."
23. According to the Sound Scan "Yeeeah Baby" had sold 900,000 units domestically
as of March 2005, and has since sold more than 1,000,000 units.
24. Decedent RIOS and Defendant Fat Joe's partnership agreement provided that they
would share the advances and royalties from Decedent RIOS's side artist appearances.
25. Between 1997 and 2000, Decedent RIOS' vocal performances were featured on
master recordings with various recording artists including, but not limited to Fat Joe, Terror
Squad, Jennifer Lopez, Ashanti, Jadakiss, Style P, Noreaga, Cam'ron, Pete Rock, Reakwon, The
Beatnuts and Cuban Link on various record labels (herein the "Side Artist Masters").
26. Legal counsel for Defendant Terror Squad Productions drafted and negotiated the
agreements for Decedent RIOS's side artist appearances with various record label and artists, as
applicable (herein the "Side Artist Agreements").
27. Decedent RIOS nor Plaintiff have ever received any advances or royalties from
Defendant Fat Joe/Terror Squad Productions under the Side Artist Agreements.
28. Based upon information and belief in 1999, RCA Records was purchased by Sony
Music Entertainment.
29. Decedent RIOS died at the height of his career on February 7, 2000 from a heart
attack.
30. Decedent RIOS third album entitled "Endangered Species" was posthumously
released on April 3,2001 as a greatest hits album.
31. In 2002, based upon information and belief, Loud Records became defunct and
Sony Music Entertainment or its affiliate took over the operations of Loud Records.
32. Plaintiff was entitled to receive $150,000 in advances against future royalties for
Decedent RIOS third album entitled "Endangered Species."
33. Plaintiff received advances of $125,000 from Sony Music on behalf of Loud
Records/Terror Squad Productions in connection with the release of the "Endangered Species"
greatest hits album.
34. Defendant Fat Joe/Terror Squad Productions failed to pay Plaintiff the remaining
$25,000.00 that was due as an advance in connection with the release of the "Endangered
Species" greatest hits album.
35. Thereafter, on or about September 9, 2003, Sony Music paid Plaintiff in the name
of Foundation Records, approximately $14,666.27. in royalties for the "Endangered Species"
album, for the period ended 6/30/2003.
36. Thereafter, Sony Music informed Plaintiff that Defendant Fat Joe/Terror Squad
was responsible for the royalty accounts and refused to pay Plaintiff directly.
37. According to the Sound Scan "Endangered Species" had sold 350,000
domestically units as of March 2005.
38. Based upon information and belief "Endangered Species" has at least sold
500,000 units domestically to date.
39. In September 15,2009, Sony Music commercially released a new Big Pun Best of
Album entitled "The Legacy: The Best ofBig Pun."
40. Plaintiff did not receive an advance in 2009, from Sony Music in connection with
the Big Pun Best of Album entitled "The Legacy: The Best ofBig Pun."
41. Since 2001, Plaintiff has not received advances or royalties from Defendant Fat
Joe/Terror Squad Productions in connection with the Decedent's three (3) studio albums nor the
2009 release of "The Legacy: The Best ofBig Pun" album.
42. Pursuant to the Loud Agreements Plaintiff is entitled to receive a representative
share of 50% of Loud's or its successor's net receipts from the digital exploitations,
synchronization and other third party uses of the Big Pun Masters, based upon the terms of the
Loud Agreements.
43. The 1996 Inducement Letter provides that the Decedent should look solely to
Defendant fat Joe/Terror Squad Productions for payment of royalties.
44. Since 2005, Defendant Terror Squad Productions has failed or refused to pay
royalties to Plaintiff for the Terror Squad Masters.
45. By letter dated September 8,2006, Plaintiff by and through counsel gave notice of
breach to Defendant Fat Joe/Terror Squad Productions.
46. Sony Music Entertainment has refused to pay any royalties directly to Plaintiff
under the Loud Agreements and has refused to provide Plaintiff with any information about
royalty payments made to Defendant Fat Joe regarding Decedent RIOS.
47. By letter dated March 27, 2014, Plaintiff gave Defendant Fat Joe notice of breach
for failure to pay and account for royalties due from the Terror Squad Masters.
48. After receipt of Plaintiffs notice of breach, Defendant Fat Joe failed or refused to
pay royalties due Plaintiff from 2005 to March 27,2014.
49. By letter dated June 25, 2014, Plaintiff gave Defendant Fat Joe notice of
termination of the oral partnership agreement with Defendant Terror Squad Productions for
failure to pay and account for advances and royalties due.
The Big Pun AtlanticAgreement
50. On or about June 1, 1999, Decedent RIOS entered into a written agreement with
Defendant Terror Squad Productions, Inc. and Atlantic Recording Corporation regarding his
vocal performances appearing on master recordings with Richie Perez p/k/a "Prospect", Felix
Delgado p/k/a "Cuban Linx," John Eaddy p/k/a "Armageddon," Samuel Garcia p/k/a "Triple
Seis," and Defendant Fat Joe collectively known professionally as the "Terror Squad" (the
"Atlantic Pun Agreement").
51. The master recordings produced under the Atlantic Pun Agreement together will
all demos, versions and derivatives thereof are defined herein as the "Atlantic Pun Masters."
52. Pursuant to the Atlantic Pun Agreement Decedent RIOS was entitled to receive
25% of the "net receipts" from the commercial exploitation of the Terror Squad master
recordings that featured Decedent Pun's vocal performances (herein the "Atlantic Pun Masters").
53. The Decedent received an advance of Fifteen Thousand Dollars ($15,000.00)
from Atlantic Records; but, has never received a payment of other advances or royalties for the
Atlantic Pun Masters.
54. Under the terms Paragraph 5(v)(5) of the Atlantic Pun Agreement Decedent RIOS
was not subject to recoupment of artist advances or production company advances before
payment of royalties in connection with the Atlantic Pun Masters.
55. Pursuant to Paragraph 5(b)(ii) of the Atlantic Pun Agreement, Plaintiff is entitled
a proportionate share of 50% of Atlantic's (or its successor's) net receipts from ringtones, digital
exploitations, synchronization and all other third party uses ofthe Pun Masters.
56. Plaintiff has never received royalties under the Atlantic Pun Agreement.
57. Based upon information and belief Defendant Fat Joe has received advances and
royalties owing to Plaintiff under the Atlantic Pun Agreement between 1999 to the date hereof.
The Jelly Bean Co-Publishing Agreement
58. Decedent RIOS has a partnership agreement with Defendant Fat Joe/Defendant
Terror Squad Productions regarding his music publishing rights.
8
59. Decedent RIOS as the Writer executed a letter agreement dated April 25, 1998
with Terror Squad Productions, Inc. that assigned to (i) Defendant Jelly's Jams an "undivided
twenty five percent (25%) interest in and to all the Writer's Compositions written by Writer, plus
administration rights therein . . . . " and to (ii) Terror Squad Productions 37.5% of the an
"undivided twenty five percent (25%) interest in and to all the Writer's Compositions written by
Writer (herein the "Jelly's Jams Co-Publishing Amendment").
60. Decedent RIOS retained a 37.5% undivided copyright ownership interest in the
Pun Compositions under the Jelly's Jams Co-Publishing Amendment.
61. Paragraphs 2 and 3 of the Jelly's Jam Co-Publishing Amendment provided that
Decedent RIOS would receive royalty payments directly from Jelly Jam's equal to 75% of the
income from the Pun Compositions, including 50% of the publisher's share of performance
income.
62. Decedent RIOS wrote in whole or in part musical compositions included on the
Pun Masters, the Side Artist Masters and the Atlantic Pun Masters a^SluTuS^^TJTjtetewte&h ^sr^
\i altfirhrd hrmtn nnd inpnrpnrntnri hnrrin bythi'i rrfti^jiijr (herein the"PunCompositions").
63. On or about September 18,2001, more than a year after the commercial release of
the "Yeeeah Baby" album, Plaintiff received a music publishing advance from Defendant
JELLY'S JAMS in the amount of $116,329.48.
64. Based upon information and belief Defendants Fat Joe/Teror Squad and Jelly's
Jams received a significantly higher advance for the "Yeeeah Baby" album and failed to pay
Plaintiff the Estate's representative share of the advance.
65. Plaintiff has never received music publishing royalties from Defendants Jelly's
Jam or Fat Joe/Terror Squad Productions.
66. Plaintiff received royalty statements for the periods July to December 2003, and
January to June 2004 with an unrecouped amounts of $137,748.69 and $100,607.69,
respectively/.
67. However, the July to December 2003, and January to June 2004 royalty
statements did not include royalties for "Still Not A Player," and several other Pun Compositions
as listed on Schedule A hereto.
68. Further, the July to December 2003, and January to June 2004 royalty statements
did not include royalties for Pun Compositions for territories outside of the United States and
Canada.
69. Plaintiff sent Defendant Jelly's Jams a notice of breach and notice of objection, to
the 2003 and 2004 statements dated March 27,2014.
70. Plaintiff did not receive any royalty statements from Defendant Jelly's Jams after
Defendant Jelly's Jams receipt ofthe March 27,2014 notices of breach and objection.
71. By letter dated June 27, 2014, Plaintiff sent Defendants Jelly's Jams and Fat Joe a
notice of termination of the administration rights under the Jelly's Jam Co-Publishing
Amendment due to Jelly's Jams breach of contract and breach of fiduciary duty.
72. After receipt of the Notice of Termination dated June 27, 2014 from Plaintiff, on
July 18, 2014, Defendant Jelly's Jams sent music publishing royalty statement for the periods
June 2009 to December 2013 to Plaintiff with and unrecouped balance of $246,134.06.
73. However, Defendant Jelly's Jams still has failed to provide any royalty statements
for the period ended December 2004 to the period ended December 2008 whatsoever.
74. Further, Plaintiff did not received any music publishing advances whatsoever
from Defendants Jelly's Jams or Fat Joe/Terror Squad Productions between 2004 and 2014.
10
75. On June 27, 2014, Plaintiff likewise sent Defendant Fat Joe/Terror Squad
Productions a notice of termination of the partnership agreement regarding Decedent RIOS as a
recording artist to Defendant Fat Joe/Terror Squad Productions for breach of contract.
COUNT I
Breach of Contract & Accounting
Defendant FAT JOE
76. Plaintiff incorporates by reference the allegations in paragraphs 1 through 75.
77. Defendant FAT JOE as the successor in interest to Terror Squad Productions, Inc.
is liable to Plaintiff for breach of contract for failure to account and pay to Plaintiff any advances
and royalties due in connection with the Loud Agreements for the period 2001 to the date hereof.
78. Defendant FAT JOE as the successor in interest to Terror Squad Productions, Inc.
is liable to Plaintiff for breach of contract for failure to account and pay to Plaintiff for advances
and royalties due in connection with the Terror Squad Masters for the period 2001 to the date
hereof.
79. Defendant FAT JOE as the successor in interest to Terror Squad Productions, Inc.
is liable to Plaintiff for breach of contract for failure to account and pay to Plaintiff for advances
and royalties due in connection with the Side Artist Agreements for the period 2001 to the date
hereof.
80. Defendant FAT JOE as the successor in interest to Terror Squad Productions, Inc.
is liable to Plaintiff for breach of contract for failure to account and pay to Plaintiff advances and
royalties due in connection Atlantic Pun Agreement for the period 2001 to the date hereof.
81. Decedent RIOS nor Plaintiff are subject to reductions of royalties for advances
that were not received by the Decedent RIOS of Plaintiff.
11
COUNT II
Breach of Contract & Accounting
Pun Compositions
Defendants Jelly's Jams & Fat Joe/Terror Squad Productions
82. Plaintiff incorporates by reference the allegations in paragraphs 1 through 81.
83. Defendant JELLY'S JAMS have been administering and commercially exploiting
the Pun Compositions and collecting advances and royalties for the same around the world since
1998.
84. On or about April 4, 2000, based upon information and belief Defendants
JELLY's JAMS and Fat Joe/Terror Squad Productions received a significant advance for the Pun
Compositions included on the second album commercially released by Decedent RIOS titled
"Yeeeah Baby"
85. Based upon information and belief Defendants JELLY's JAMS and Fat
Joe/Terror Squad Productions did not pay and account to Plaintiff for the Estate's representative
share of music publishing advances for the "Yeeeah Baby" album.
86. Despite Decedent RIOS's and Plaintiffs requests, Defendant JELLY'S JAMS has
never paid Decedent RIOS advances and royalties nor provided a complete royalty accounting in
connection with worldwide exploitation ofthe Pun Compositions.
87. In fact, Defendant JELLY'S JAMS has intentionally withheld advances and
royalties from Decedent RIOS.
88. Defendant Jelly's Jams has falsely represented royalties due on royalty statements
to Plaintiff by failing to include all of the Pun Compositions and failing to include earnings for
the worldwide exploitation of the Pun Compositions with the intention of misleading Plaintiff
about the worldwide earnings for the Pun Compositions.
12
89. Royalty payments for musical compositions are accounted for quarterly or semi
annually. Defendant Jelly's Jams has continuously breached the administration provisions of the
Jelly's Jams Amendment by failing to pay and account to Decedent RIOS for the Pun
Compositions in connection with royalties due on a quarterly or semi-annual basis since June
2004.
90. Decedent RIOS and now Plaintiff, via his Estate, is legally entitled to his share of
advances and royalties generated from the Pun Compositions, and all versions and derivatives
thereof.
91. Defendant Jelly's Jams has also failed to provide any complete, true and accurate
accounting to Decedent RIOS for the earnings from the Pun Compositions.
92. Plaintiff is legally entitled to full accounting and receipt of royalties without
deduction for advance that were not received by Plaintiff or Decedent RIOS from Defendant
Jelly' Jams under the administration provisions of the Jelly's Jams Amendment for the Pun
Compositions.
93. Based upon information and belief Defendant Fat Joe/Terror Squad Productions
has received advances and royalties that were due to Plaintiff.
94. As a proximate result of Defendants' Jelly's Jams and Fat Joe/Terror Squad
Productions breach of the administration provisions of the Jelly's Jams Co-Publishing
Amendment, Decedent RIOS and the Estate have been damaged in excess of $250,000 as alleged
herein, or in an amount to be proven at trial.
COUNT III
Breach of Fiduciary Duty -Defendant Fat Joe
95. Plaintiff incorporates by reference the allegations in paragraphs 1 through 94.
13
96. As a partner with Decedent RIOS, Defendant Fat Joe individually owed a
fiduciary duty to Decedent RIOS and Plaintiff as successor to Decedent RIOS to act at all times
with the upmost care, honesty, undivided loyalty and fidelity with respect to the payment and
accounting in connection with Loud Agreements, the Terror Squad Masters, the Side Artist
Agreements, and the Atlantic Pun Agreement.
97. Royalty payments for master recordings are accounted for quarterly or semi
annually.
98. Defendant Fat Joe/Terror Squad has continuously breached his fiduciary duties by
failing to uphold their undivided loyalty to Decedent RIOS as a partner and by intentionally
failing to pay and account to Decedent RIOS for advances and royalties in connection with Loud
Agreements, the Terror Squad Masters, the Side Artist Agreements, and the Atlantic Pun
Agreement.
99. Defendant Fat Joe/Terror Squad has continuously breached his fiduciary duties by
not to pursue audits and sending notices of breach to Loud/Sony Music, Atlantic for Plaintiffs
the representative share of 50% of Loud's or its successor's net receipts from the digital
exploitations, synchronization and other third party uses ofthe Big Pun Masters.
100. As a proximate result of Defendant FAT JOE breach of fiduciary duty, Decedent
RIOS and the Estate have been damaged as alleged herein in an amount to be proved at trial.
COUNT IV
Breach of Fiduciary Duty
14
Defendant Jelly's Jams
101. Plaintiff incorporates by reference the allegations in paragraphs 1 through 100.
102. As the music publishing administrators, Defendant Jelly's Jams also had a
fiduciary duty to timely, accurately, and fully pay and account to Decedent RIOS, and after his
death to the Plaintiff, for the Pun Compositions.
103. Defendant Jelly's Jams was obligated to act at all times with the upmost care,
honesty, undivided loyalty and fidelity with respect to the payment and accounting of the Pun
Compositions royalties.
104. Defendant Jelly's Jams has breached their fiduciary duty owed to Decedent RIOS
by failing to pay and account to Decedent RIOS for the Pun Compositions royalties and have
falsely represented the earnings of the same.
105. By copying, distributing, synchronizing, creating derivative works, licensing and
exploiting the Pun Compositions without accounting to Plaintiff Defendant Jelly's Jams has
breached its duty of loyalty to Plaintiff.
106. Defendant Jelly's Jams has also breached their fiduciary duty by fraudulently
collecting royalties and profits from the Pun Compositions, and all versions and derivatives
thereof.
107. As a proximate result of breach of Defendant Jelly's Jams' fiduciary duty,
Decedent RIOS and the Estate have been damaged as alleged herein in an amount to be proved at
trial.
COUNTV
Declaratory Judgment Defendant Fat Joe
15
Pun Masters
108. Plaintiff incorporates by reference the allegations in paragraphs 1 through 107.
109. Plaintiff seek a declaration by this court that the partnership agreement between
Defendant Fat Joe and Decedent RIOS be terminated due to Defendant Fat Joe's material breach
of the partnership agreement.
COUNT VI
Declaratory Judgment Defendant Jelly's Jams LLC
Pun Compositions
110. Plaintiff incorporates by reference the allegations in paragraphs 1 through 109.
111. The Estate, via Decedent RIOS, is, and at all revenant times have been, the
rightful copyright owner under United States copyright law with respect 37.5% of the Pun
Compositions.
112. On June 25, 2014 Plaintiff gave the Defendant Jelly's Jams notice of termination
of the administration provisions of the Jelly's Jams Co-Publishing Amendment due to Defendant
Jelly's Jams failure to pay and account for worldwide royalties for all the Pun Compositions.
WHEREFORE, Plaintiff requests this Court to:
a. Declare that as between Plaintiff and Defendant Fat Joe, Plaintiff is entitled to
receive directly all royalties payable from Sony Music or its affiliates, as
applicable, under the terms ofthe Loud Agreements;
b. Declare that as between Plaintiff and Defendant Fat Joe, Plaintiff is entitled to
receive directly all royalties payable from any third party record distribution
companies in connection with the Decedent RIOS vocal performances as a so
called "Side Artist," as applicable;
16
c. Declare that as between Plaintiff and Defendant Jelly's Jams, the Jelly's Jams
Amendment is terminated and Plaintiff is entitled to administer its representative
share of the Pun Compositions directly;
d. award Plaintiff compensatory damages for Defendant FAT JOE's breach of
contract for failure to pay and account for royalties due in the amount of $250,000
or an amount to be proven at trial;
e. award Plaintiff compensatory damages for Defendant Jelly's Jams breach of
contract for failure to pay and account for royalties due in the amount of $250,000
or an amount to be proven at trial;
f. award Plaintiff compensatory and punitive damages for Defendant FAT JOE's
breach of fiduciary duty regarding the failure to pay and account to Plaintiff as a
partner under the Loud Agreements, the Side Artist Agreements and the Atlantic
Pun Agreement in the amount of $1,000,000.00;
g. award Plaintiff compensatory and punitive damages for Defendant JELLY'S
JAMS's breach of fiduciary duty as the administrator of the Pun Compositions
[THIS SPACE WAS INTENTIONALLY LEFT BLANK]
17
regarding the failure to pay and account to Decedent Rios or Plaintiff under the
Jelly's Jam Amendment in the amount of $1,000,000.00;
h. award Plaintiff damages for misappropriation of the Decedent RIOS's name and
likeness in the amount of $250,000 or an amount to be proven at trial;
i. require Defendants to pay Plaintiffs costs in this action;
j. require Defendants to pay Plaintiffs reasonable attorneys' fees incurred herein;
and
k. award such other relief as this Court deems just and proper.
JURY DEMAND
Plaintiff hereby requests a trial by jury on all issues triable by jury.
Date: August/ 2014
Liza Rios
Notary Public fafajf. J^^U^
My Commission Expires tt(o-h'^-a 1^
< *+**
NOOFANM.MENWER
Notary Pubfc State of Nawtok
NO.01ME6217233
QuaWtedin Brora County
.Cpmrtrjwlon Expires Feb.8, 2011
18
Respectfully $&$jitted^_,
/s/ LitaffisafiTT
Lita Rosario, Esq.
1100 H Street, N.W., Suite 315
Washington, D.C. 20005
202-628-1101
lita.rosariri@wyzgirl.mrn
SCHEDULE A
PUN COMPOSITIONS NOT LISTED ON
THE JELLY'S JAMS MUSIC PUBLISHING ROYALTY STATEMENTS
19
MISSING PUN TITLES 2003 - 2004 STATEMENTS
AIR PUN
BEAT BOX
BEST BEHAVIOR
BRAVE IN THE HEART
BRING EM BACK
CHARLIE ROCK SHOUT
CLASSIC VERSES
FIRE WATER
FREEFLOW
FREESTYLE
FREESTYLE WITH REMY MA
GET OFF MY DICK
GET YOUR GRIND ON
HIDDEN HAND
HOLD
HOW WE ROLL
HOW WE ROLL "98"
I SEE DEAD PEOPLE
I STILL LOVE YOU (REMIX)
UBE AROUND
INTERMISSION
INTRO (CAPITAL PUNISHMENT)
INTRO (ASHANTI)
LIGHTS, CAMERA, ACTION
LOCO BANANAS
MAMMA
MY WORLD
NIGGASHIT
NONE LIKE YOU
PACKINAMAC PART 1
PACKINAMACPART2
PUN'S WORDS
SEX MONEY DRUGS
SEX TONIGHT
SLIPPERY WHEN WET
STILL NOT APLAYER (ON STATEMENT WITH NO ROYALTIES RECEIVED)
rASTERS CHOICE ~
FHE CREATION
THUG LOVE
TOE TO TOE
TOMA MAMI DE Ml MAMAJUAN
POP OF THE WORLD REMIX
JNCENSORED
WATCH THOSE
WORDS WITH JOE
2009 - 2013 STATEMENTS
ON CURRENTSTATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENTSTATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ON CURRENTSTATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENTSTATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ROYALTIES RECEIVED ON CURRENTSTATEMENTS
ON CURRENT STATEMENTS
ON CURRENTSTATEMENTS
NOT ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
NOT ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
ON CURRENT STATEMENTS
VHO YOUARE
VHQ YOU ARE (REMIX)
VISHFUL THINKING
ON CURRENTSTATEMENTS
NOTON CURRENT STATEMENTS
ON CURRENT STATEMENTS
General Information
Court United States District Court for the Southern District of New
York; United States District Court for the Southern District of
New York
Nature of Suit Contract - Other[190]
Docket Number 1:14-cv-07583
Status Open
Rios v. Cartagena, et al., Docket No. 1:14-cv-07583 (S.D.N.Y. Sept 18, 2014), Court Docket
2014 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
// PAGE 24