Case 2:18-cv-11277-NJB-KWR Document1 Filed 11/20/18 Page 1of7 UNITED STATES FEDERAL DISTRICT COURT EASTERN DISTRICT OF LOUISIANA FREDDIE ROSS, JR. CIVIL ACTION NO. 2:18-CV-11277 Plaintiff VS. DIVISION/SECTION: WILBERTO DEJARNETTI JUDGE: Defendant * MAG. JUDGE: COMPLAINT FOR DECLARATORY JUDGMENT AND DAMAGES Freddie Ross, Jr, by and through the undersigned counsel, brings this action against Wilberto Dejarnetti for declaratory relief and damages as follows PRELIMINARY STATEMENT 1. Asa recording artist, actor, author, and performer, Mr. Ross is profescionelly kmown throughout the world as “Big Freedia’. Mr. Dejarnetti has occasionally provided choreography and video production services for Mr. Ross. ‘This action is brought pursuant to the United States Copyright Act (17 U.S.C. § 101 et seq.) to declare the rights of Mr Ross in connection with certain sound recordings, musical compositions, and choreographic works. Additionally, Mr. Ross seeks to recover damages sustained as a result of Mr. Dejarnetti’s breach of contract. PARTIES 2. Mr. Ross is citizen of Louisiana who resides in this judicial district 3. Upon information and belief, Mr. Dejarnetti is a citizen of California who resides both in this judicial district as well as the Los Angeles area “LCase 2:18-cv-11277-NJB-KWR Document Filed 11/20/18 Page 2 of 7 JURISDICTION & VENUE 4. Mr, Ross's requests for declaratory relief are brought pursuant to 26 U.S.C. §§ 2201(a) and 2202, and the Court has original jurisdiction over those claims pursuant to 28 U.S.C. §§ 1331 and 1338(a). Additionally, the Court has supplemental jurisdiction over Mr. Ross’s state law breach of contract claims pursuant to 28 U.S.C. §1367(a) 5. Mr. Dejarnetti is subject to personal jurisdiction before the Court because he has entered into contracts and engaged in business activities with Mr. Ross in the State of Louisiana which are the subject of the current dispute. In the alternative, Mr. Dejarnetti has established systematic and continuous contacts with the State of Louisiana making the exercise of personal jurisdiction in this matter proper. 6. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2) as a substantial portion of the events and omissions giving rise to this claim occurred in this judicial district FACTS COMMON TO ALL CLAIMS 7. In 2014 Mr. Dejarnetti was introduced to Mr. Ross through his former manager. At the urging of his former manager, Mr. Ross engaged Mr. Dejarnetti to assist in developing and refining Mr. Ross's stage performance 8. Mr. Ross and his dancers worked with Mr. Dejarnetti to create new stage choreography for the following songs: “Just Be Free Intro”, “NO Bounce’, “Explode”, ‘Shake Session Medley’, “Dangerous”, “Best Beeleevah”, and “Drop” (collectively, the “Choreographie Works")Case 2:18-cv-11277-NJB-KWR Document Filed 11/20/18 Page 3 of 7 9. The Choreographic Works were largely based on and derivative of traditional “bounce” dance movements and other routines Mr. Ross and his dancers had been employing for years, Mr. Dejarnetti was paid thousands of dollars for his services in connection with the Choreographic Works. 10. From the outset of their relationship, Mr. Dejarnetti sought to take advantage of Mr. Ross’s generous nature. Mr. Dejarnetti constantly pressured Mr. Ross for a larger role in his professional career. 11. Under this pressure, Mr. Ross convinced the producers of his reality television show, Queen of Bounce, to include Mr. Dejarnetti as a character on the show. Mr, Dejarnetti received thousands of dollars for his participation in the show. 12. Mr. Dejarnetti also pressured Mr. Ross to allow Mr. Dejarnetti to direct and film a number of Mr. Ross's music videos. Here again, Mr. Dejarnetti was paid thousands of dollars for his services, 13. Mr. Dejarnetti also sought to involve himself in Mr. Ross’s recording and songwriting sessions, often showing up at the recording studio uninvited and offering unsolicited opinions or suggestions in connection with Mr. Rose’s music. 14. Mr, Dejarnetti’s behavior was frequently erratic, and his temperamental nature caused turmoil and strife within Mr. Ross’s team. Ultimately, this led Mr. Ross to cease working with Mr. Dejarnetti in late 2017. 15. Once Mr, Dejarnetti learned that Mr. Ross intended to stop working with him, Mr. Dejarmetti began making outlandish claims and demands on Mr. Ross