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Re Recordings

Re Recordings

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Published by Eriq Gardner
@eriqgardner
@eriqgardner

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Published by: Eriq Gardner on Mar 24, 2014
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03/24/2014

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GANA LLP Adam J. Gana* Adam J. Weinstein *
 Pro-Hac Vice Motion Pending 
 345 7
th
Avenue, 21
st
 Floor  New York, NY, 10001 Phone: (212) 776-4252 Email: aweinstein@ganallp.com agana@ganallp.com FITAPELLI | KURTA Jonathan Kurta 475 Park Avenue South, 12
th
 Floor  New York, NY 10016 Phone: (212) 658-1502 Email: jkurta@fkesq.com
Counsel for Plaintiffs
 
UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
CELESTE FARRELL, on behalf of herself and all others similarly situated, Plaintiff, v. TUTM ENTERTAINMENT, INC. D/B/A
DREW’S ENTERTAINMENT
, Defendant. Civil Action No.
COMPLAINT
and DEMAND FOR JURY TRIAL
Case 3:14-cv-01781-AET-TJB Document 1 Filed 03/20/14 Page 1 of 21 PageID: 1
 
1 Plaintiff Celeste Farrell, individually and on behalf of all others similarly situated (the
“Class
,
 as defined below), by her undersigned counsel, brings this action against defendant Tutm
Entertainment, Inc. d/b/a Drew’s Entertainment (“
Tutm
 
or “Defendant”
), and upon information and belief and investigation of counsel, allege as follows:
I.
 
Nature of the Case
1.
 
This action is brought by the Plaintiff and consumers of two sub-classes similarly
situated as the Plaintiff (the “Class”)
who purchased the music albums:
“Hits of the 80’s: Platinum Collection” 2
-CD set
and/or “Hits of the 90’s: Platinum Collection” 2
-CD set (collectively the
“Albums”
), produced by Tutm. Plaintiff and the Class allege that they were induced into  purchasing the Albums based upon the mistaken belief that the Albums contained the original hit songs indicated from
the 80’s
 
and 90’s
. In fact, the songs in the Albums are poorly re-recorded songs taken from inferior live recordings and other re-recordings. Instead of conveying the source of the recording to allow the consumer to make an informed purchase decision, Tutm provides no information on the Album
s’
 cover or back label to indicate to the consumer that the songs are not the original songs. 2.
 
The Albums are
supposed to feature top music hits from the 80’s
 
and 90’s
. The  back cover of each album has a list of approximately 15 songs included in Disc 1 and in Disc 2. However, Tutm failed to disclose that the songs are not original recordings of the songs but are in fact poor and inferior quality
“re
-recordings.
 
Defendant’s misrepresentations and
 omissions of the quality of the recordings are unfair, deceptive, and misleading because consumers who  purchased
Tutm’s
Albums believed they would be able to listen to the songs listed on the back cover in their original version. 3.
 
Defendant’s
 failure to disclose all material information about the album caused members of the Class, such as the Plaintiff, to purchase the Albums reasonably expecting to listen
Case 3:14-cv-01781-AET-TJB Document 1 Filed 03/20/14 Page 2 of 21 PageID: 2
 
 2 to the original
80’s and 90’s
hits, respectively. Instead, the Plaintiff and members of the Class  purchased an album with re-recorded songs of poor quality. Plaintiff and the members of the class would not have purchased the albums if the version of the songs had been properly disclosed.
II.
 
Parties, Jurisdiction, and Venue
4.
 
Celeste Farrell is a citizen of the State of New Jersey, residing in Ridgefield Park,  New Jersey.
Farrell purchased the albums “Hits of the 80’s: Platinum Collection” and “Hits of the 90’s: Platinum Collection” manufactured, marketed and produced by Tutm.
 5.
 
Tutm is a corporation organized under the laws of New Jersey with its principal  place of business in Green Brook, New Jersey. 6.
 
The Court has jurisdiction over this action pursuant to 28 U.S.C. § 1332(d), because at least one class member is of diverse citizenship from one defendant, there are more than 100 class members nationwide, and the aggregate amount in controversy exceeds $5,000,000, exclusive of costs and interest. 7.
 
The Court has personal jurisdiction over Tutm because Tutm has purposefully availed itself of the privilege of conducting business activities in the State of New Jersey by advertising in the State of New Jersey. Additionally, Tutm has maintained systematic and continuous business contacts with the State of New Jersey, and is registered to conduct business in this State. 8.
 
Venue is proper in this District pursuant to 28 U.S.C. § 1391 because much of the conduct forming the basis for this action occurred within thi
s District, including Tutm’s
 production and distribution of the
Albums’
recordings purchased by Plaintiff and the other Class members.
III.
 
Factual Allegations Concerning Plaintiff
9.
 
Plaintiff purchased “Hits of the 80’s: Platinum Collection” and “Hits of the 90’s: Platinum Collection.”
Farrell purchased the Albums at a Wal-Mart store in the summer of 2013.
Case 3:14-cv-01781-AET-TJB Document 1 Filed 03/20/14 Page 3 of 21 PageID: 3

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