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CASE NO. TEASE LOUNGE, INC, a Florida Corporation, Plaintiff, /
ID 2012CA0 1258 4XXXX. It
NATALIE SULEMAN, Defendant.
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PLAINTIFF'S VERIFIED MOTION FOR .. EMERGENCY HEARING FOR TEMPORARY INJUNCTION Tease Lounge, Inc. ("Plaintiff'), by and through its undersigned counsel, hereby files Plaintiffs Verified Motion for Emergency Hearing for Temporary Injunction, and in support thereof states as follows: 1. Plaintiff is a corporation organized and existing under the laws of the State of Florida, which operates an adult entertainment establishment known as T's Lounge. As part of the operation of the establishment, Plaintiff hires various entertainers/celebrities to be featured entertainers. 2. Natalie Suleman ("Defendant") has obtained notoriety and is also known as "Octomom". On or about June 3, 2012, Plaintiff entered into a written Agreement (attached hereto as Exhibit "A") with Defendant to perform at Plaintiff s establishment. 3. Pursuant to the terms of the Agreement, Defendant agreed to perform a number of shows at Plaintiff s establishment during a four day period commencing on July 11, 2012 and terminating on July 14, 2012.
4. The Agreement specifically indicated the type of dance shows which Defendant agreed to perform. 5. Pursuant to the special terms and conditions of the Agreement, Defendant's performance at Plaintiffs establishment would be Defendant's " 15t Featured Dance Appearance". 6. The Agreement also provided that either party to the Agreement would be permitted to cancel the Agreement by providing the other party with thirty-five (35) days advance written notice of the event/appearance of Defendant. 7. Defendant unilaterally cancelled the Agreement with Plaintiff. A copy of the notice of cancellation and the confirmation sheet is attached hereto as composite Exhibit "B". 8. Since Defendant's first performance was to take place on July 11, 2012, Defendant's notice to Plaintiff is untimely. Said notice was given only thirty-four (34) days prior to the event/appearance of Defendant, and therefore, Defendant is in breach of the Agreement with Plaintiff. 9. Such notice of termination caused Plaintiff to incur costs advertising Defendant's performance at Plaintiffs establishment.
10. In addition, the exclusivity provision of the Agreement, specifically paragraph 18, states that Defendant "shall not be booked or advertised to appear at any Gentlemen's Club within 50 miles of CLUB within Ninety (90) Days, (Prior or Post) of the engagement date(s)". Plaintiff has discovered that Defendant is scheduled to appear at another gentlemen's club located in Hallandale, Florida on July 13th, 2012, which was one of the same dates that Defendant was to perform at Plaintiffs establ ishment. 11. Attached hereto as Exhibit "C" is a copy of an advertisement that appeared in a trade publication for the month of July, whereby Defendant's appearance is advertised on one of the same days on which Defendant was to appear at Plaintiffs establishment.
12. Plaintiff has notified Defendant of her breach of theAgreement (a co.py of said letter is attached hereto. as Exhibit "D")., Defendant has failed to.respond to. said letter. 13. Not only has Defendant breached the terms and conditions ofthe Agreement with Plaintiff, but by Defendant agreeing to. perform in another establishment so. close in proximity to. Plaintiffs, Plaintiffs damages are unascertainable and Defendant'sactions shall cause Plaintiff irreparable ha11TI.: 14. Asthere can be only one "'I st Feature Dance Appearance", it would be impractical, if not impossible, to. establish the damages to. Plaintiff ,re~ulting in the breach of the Agreement by Defendant and by Defendant agreeing to. perform at anothergentlemen's club so close in proximity to , Plaintiff s. 15. ,There is no. possible way that Plaintiff can determine its damages for the loss of the "1st Feature Dance Appearance", especially due to. the fact that Defendant is adding insult to. injury by electing to. not only breach . her Agreement with Plaintiff, but also. by selecting another gentlemen's club in such close proximity to. Plaintiff establishment thereby causingadditional damages to.Plaintiff. . 16. The only way to.preserve .the status quo. is for this Court to enter a temporary injunction to . prohibit Defendant from appearing, at any gentlemen's club' until. this dispute, is' resolved between Plaintiff and Defendant 17. The issuance of atemporary injunction by this Court to. prohibit Defendant from appearing at any gentlemen'sclub is the only way to. avoid this irreparable harm to. Plaintiff.".
18. The appearance by Defendant' at a gentlemen's club in such close ' proximity to. Plaintiff s .establishment, will cause Plaintiff, immediate, temporary and permanent irreparable injury, and Plaintiff has no. other adequate remedy at law. 23. Plaintiff would request that this Court conduct, an emergency hearing to.enter a temporary injunction .sinceit is evident thatDefendant has
'i , •
every intention of performing at another establishment would cause Plaintiff irreparable harm.
and such action
WHEREFORE, Plaintiff requests this Court grant an emergency hearing to consider a temporary injunction enjoining Defendant from performing her "1 st Feature Dance Appearance" at another gentlemen's club; and in particular, any such gentlemen's club in an area which is in close proximity to Plaintiffs establishment; and further requests this Court enter an order to reimburse Plaintiff for the costs of this Motion and such other and further relief as this Court deems just and proper.
phrey, Esq. Florida Bar #253014 Gerald R. Pumphrey, P .A. Greenway Professional Center 4495 Military Trail - #201 Jupiter, FL 33458 (561) 622-5446 (561) 626-4824 / FAX
State of Florida County of Palm Beach The foregoing Verified Motion for Emergency Hearing was sworn to and subscribed before me this 5th day of July, 2012, by Stacy Senger, as Manager of T's Lounge, who is personally known to me, or has produced n· ~~ (type ofi.d.) as identification. Witness my hand and official seal in the County and State last aforesaid this s" day of July, 2012.
£Lee~,.- ....... network
lAS Office: 702-570-7332 1. 2. 3. 4. S. 6. 7. 7a. 7b. 8. PERFORMER: SHOW DAnS: CLUB: SHOWS: CONTACT: ogOMOM
AGREEMENT made OS/25/2012 BETWEEN:
TEASE LOUNGE INC. "dba" T's LOUNGE ("aUB") and NATALIE SULEMAN "altan OCTOMOM ("MODEl")
and DO ENTERTAINMENT ("MANAGER") and THE LEE NETWORK LV ('AGENT")
WEST PALM BEACH
Filii: 800-57G-8915 Exotic Dance shows. FIFTEEN 115) MINUTES MINIMUM NATALIE SULEMAN END: SAT. JULY14. 2012 LENGTH PERSHOW. under the following
The CLUB engages the MODEL to perform
START: WED. JULY 11. 2012
SHOW TIMES: SEE UNE 'SCHEPULE A"
EIGHT (8) SHOWS STACY SENGER
LOCATION: NOTE: PHONE:
312 S. CONGRESSAVE WEST PALM BEACH FL 33406 nUB IS FUllY NUDE ANp SERVESAlCOHOL EMAIL:
AU PARTIES AGREE TO THE FOLLOWING PAYMENTnRMS: " total compensation. ~of the Gross Sum herein contracted for as compensation ; DEPOSIT of for services rendered. to The Lee Network ,) ATTHE END of,
The CLUB agrees to pay and MODEL agrees to accept the Gross Sum of . The MODEL agrees to pay AGENT a commission PISTBIBUDON OF C9MPENSAnON: DEPOSIT: Upon signature date, CLUB to pay the AGENT a :
Mailing Address: The
LV. 353 Brjlbant Ave enl!iIJ!emenl
Vegas NY 89183: __
Contract VOID If payment ~., ..,
not received within 8 days. ,__
9. 10. 11. 12. 13.
BALANCE DUE: Upon completion COMMISSION: Compensation.
ClUB to pay the MODEL. _,_
EACH NIGHT. FOR A TOTAL OF " Paid deposit qualifies as Commission
.. ' . i (ON PREMISES) directly to NATALIE SULEMAN (MODEL). from the MODEL's Gross Hotel
and (applicable) Booking Fees due AGENT, which AGENT deducts accordinglv ---""--
LODGING: CLUB to prepay and provide _ must have interior hallways, room service, and reasonable access to restaurants. AIR TRAVEL: CLUB to prepay and provide :.._ to promptly purchase airline tickets via AGENT with authorized club credit card. CLUB to provide and pay for all work related ground transportation TRANSPORTATION:
_I. and provide AGENT with advance confirmation.
etc .. ':via AGENT's travel provider. CLUB agrees
Lodging comparable to FULL SERVICE Sheraton, Hilton, Marriott.
to be provided in safe, secure, agrees to have authorized prices for all Private
clean and odor free (late model) vehicles, large enough to hold MODEL, Assistant (if applicable) and Luggage. SEOJRITY: ClUB agrees to provide MODEL with a private and secure dressing area and provide adequate personal security. aUB representative (ROADIE) available to MODEL at anytime for duration of engagement, including to/from event and hotel. PRIVATE DANCES: CLUB agrees to provide designated
areas for Private Dances/VIP Rooms and permits MODEL to set predetermined
Dances/VIP Rooms. nUB TO RECEIVE" OF ALL PRIVATE PANCENIP discretion of the MODEL, who reserves right of refusal without penalization. 14. 15. HOUSE FEES:All VIP Rooms and private dances to be arranged by Oub Management, MERCHANDISE: CLUB to provide a designated area for MODEL to sell merchandise REVENUE. IN EVENT CLUB SUPPLIES CAMERA AND FILM. ClUB TO RECEIVE, 16. 17. GUEST U5T: MODEL is permitted permitted MEDIA/PROMOTIONS:!l!m a Guest list, to be approved by aUB.
REVENUE. All Private Dances and VIP Rooms are at the sole rates. ' Of MERCHANDISE
Model and Club must agree on pre-determined and/or promotional materials. MODEl RETAINS ' .i FOR EAOlINSTANT
PICTURE PRINTED. Guests are not
All guests of MODEL must be well mannered and well groomed, for live radio, print interviews, television,
entry to dressing rooms or backstage areas. No Exceptions. agrees to submit all proposed media appointments etc. to AGENT for ADVANCE
confirmation and approval. MODEL agrees to 1. aggressively promote booking whenever possible, To post on all internet presences, Website, Facebook, Twitter, Myspace etc.. no later than 30 prior to booking and minimum once per week leading up to the event 2. Permit club to video/photo event for club promo purpose only. 3. Pre-record 18. the engagement 19. 15 second audio clip for club radio ad. and do radio interviews for event promo, either in studio or call-in. Ninety (90) Days (Prior or Post) of at the CLUB within EXCLUSIVITY: MODEL shall not be booked or advertised to appear at any Gentlemen's date(s). Distance to be determined WIUFUU Eighteen (18) Months of this Engagement, In the event tbeMODEL documented 20. and proven ekpenseslncurred of the MODEL's gross compensation for travel. advertising. airlines ticketls) extraordinary Club within 50 miles of ClUB within
by Google Maps directions. It is agreed by all parties that if the MODEl is re-booked will be paid to The Lee Network las Vegas. reimburse
YfaOs to APPEAR or perform. regardless of c:;ause.the MODEL agrees to immediately cost of replacement. to original
the ClUB for an
and all legal costs incurred
MODEL must pay for any fees/changes
and IMMEDIATELY refund entire deposit to dub within
7 days of cancellation.
SPECIAL TERMS AND OONDITIONS: T's Lounge to be 1st Feature Dance Appearance. r Performer will only dance TOPLESS not NUDE. It is agreed by all Parties to this AGREEMENT that either Party shall have the right to cancel this AGREEMENTup to 35 (Thirty-Five) days in advance of the event date(s) herein contracted for, by sending written notice via email, registered mail or confirmed faCSimile. CLUBagrees AGENT is not responsible and free from any liability/damages sustained by CLUBin the event MODEL breaches any terms of this contract. The MODEL hereby acknowledges self as an Independent Contractor and not an employee of the CLUB or AGENT. Accordingly. the MODEL assumes all responsibility for all Withholding Taxes, Social Security, State Taxes, Worker's Compensation Insurance, and exempts CLUB and AGENT from any and all debts the MODEl may incur on this or any engagement. All Parties to this agree that nothing In this contract shall be contrary to any local, State, or Federal law or ordinance. In the event that any part of this AGREEMENTshall be determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENTshall remain in full force and effect and Is subject to the laws of the State of California. Any Special Terms and Conditions not outlined herein are to be accounted for in conjunction with this AGREEMENT (See SCHEDULfMA" Attached if app6cable). There will be no guarantee to comply with any Special Terms and Conditions requested by any party subsequent to the execution of this agreement. Signature of Authorized Representative hereby confirms signatory as the representative for said event, accepting full responsible for obtaining written approval from all parties associated with ,~~vance), including. but not limited to, use of facilities, advertising. any and all required permits and/or associated fees (permit or location). Authorized Bepresentative agrees to provide AGENT with any necessary documentation upon request.
(_--THE LEENElWORK lAS VEGAS, LLC (Authorized
Lo 4 lif
Ii A::. ~
OMOM (SIGNATURE / DATE)
The Lee Network Office: 702-57(}'7332
353 Brabant Avenue, las Vegas, NV B9183 Fax: BD(}'57~915 DVincent@theleenetwork.com
EXHIBIT ---,,"4..-, _
This "Schedule A" is legally binding upon the contract to which it is attached.
Club will, by Credit Card payment, or certified check sent by overnight courier, make a deposit of USD, made payable to: The Lee Network Las Vegas, LLC., Which shall deduct remaining balance of $: ' to DD Entertainment.
$~. . _ as
Full Commission and forward
The deposit is to be held by DD Entertainment (Company Account), in trust, to be released to the performer only upon completion of the booking. The deposit is fully refundable to the club in the event that the performer, for any reason, fails perform as stated in the terms of the contract
Should the club cancel the booking within the 35 day period, with or without notice, the deposit will be forfeited as liquidated damages. The deposit is due within five business days of the signing of the contract. Failure to provide the deposit in a timely manner may cause the contract to be null and void. Advertising of the performer's
WEDNESDAY: IOPM/THURSDAY: IOPM-MIDNlGHT /FRIDAY: 8PM-IOPM-MIDNlGHT ISATIJRDAY: IOPM-IAM
appearance may not commence until the deposit is received.
4 SONGS , TOTAL SHOW 15 MlNUTES +- SONG 1: DANCE IN COSTUME I SONG 2: DANCE TOPLESS I SONG 3: DANCE IN THONG AND ACCEPT TIPS ALONG THE TIP RAIL I SONG 4: CROWD INTERACTION AND GIVEA WAYS. MODEL PANCE ROUTINE TO BE AT HER OWN DISCRETION
-ALL PROMO ADS I IMAGES I PRESS RELEASE OF ANY TYPE TO INCLUDE BOTH DD ENTERTAINMENT &. TIIE LEE NETWORK LAS VEGAS LOGO AND BOOKING INFORMATION WHENEVER POSSll3LE -CLUB TO ALLOW MEDlA AND PRESS INrnRVIEWS FOR MODEL WHILE AT THE CLUB, CLUB TO BE GIVEN ADVANCE NOTIFICATION OF INrnR VIEWS, MEDIA AND PRESS NOT TO IN1ERFERE WITH CLUB OPERATIONS
CONFIDENTIALITY: CLUB NOT TO RELEASE ANY INFORMATION REGARDING COST AND/OR MODEL COMPENSATION FOR mE EVENT.
• MTALIE SULEMAN "AKA" OCTOMOM
(SIGNATURE I DATE)
THE LEENETWORK LASVEGAS, LLC (Authorize
Page 1 of 1
---------------------------- Original Message ---------------------------Subject: Re: From: "DD Entertainment" <email@example.com> Date: Tue, June 5, 2012 11:52 am To: "David Vincent" <firstname.lastname@example.org>
Dance gig is canceled after Michelle the manager or employee of club made comments about Nadya saying she is crazy etc and Nadya is now not doing that club ever. We will be letting the press know we canceled today and why we canceled. She will not be defamed by the club that was booking her nor walk into a bad situation.
Florida date is canceled and it will be in the press today. Sent from my iPhone
EXHIBIT __ --
DELETED PORTION OF ADVERTISEMENT WITH ANOTHER PROMOTION FOR A DIFFERENT DAY WHICH CONTAINED A POTENTIALLY OFFENDING PICTURE
WE ACCEPT ALL OTHER CLUBS V.I.P & DRINK CARDS 1/2 PRICED PREMIUM DRINKS TIL 9PM FREELUNCH AND DINNER UNTIL 6PM
5 West Hallandale Bch. Blvd.
Hollywood, Fl33023 I 954·3".DI
SUITE PROFESSIONAL ASSOCIATION 4495
REVISED LETTER Nia Email ONLY June 15,2012 The Lee Network Las Vegas, LLC DD Entertainment Re: Agreement between Tease Lounge, Inc. and Octomom I Natalie Suleman Dear Sirs: Please be advised that I represent T's Lounge. As you are aware, T's entered into an Agreement with Ms. Suleman to perform at T's Lounge on July 11, 2012 through and including July 14,2012. Pursuant to the terms of the Agreement, Ms. Suleman had the right to cancel the Agreement provided that she gave my client thirty-five (35) days written notice prior to her performance. As of this date, my client has not received any notification from Ms. Suleman. My client did receive notification from a representative of Lee Network; however, said notification was received on the thirty-fourth (34th) day prior to Ms. Suleman's performance. Therefore, said notice is invalid. You will note that paragraph 19 of said Agreement states "In the event the MODEL WILLFULL Y fails to APPEAR or perform regardless of cause, the Model agrees to immediately reimburse the CLUB for all documented and proven expenses incurred for travel, advertising, extraordinary costs of replacement and all legal costs to recover said expenses .... " Please consider this letter as notice that unless Ms. Suleman elects to fulfill her engagement, my client will immediately commence legal action for the extraordinary cost of replacing Ms. Suleman's act, and such other costs and expenses. The Agreement does not provide the address for Ms. Suleman, and therefore, I would request that you provide her a copy of this letter. Please be aware that pursuant to the terms of the Agreement, the prevailing party may also be entitled to the reimbursement of attorney' s fees and costs, GOVERl\l YOURSELF ACCORDINGLY.
TELEPHONE (561) 622-5446 TELEFAX (561) 626-4824 E-MAIL:
GRP:jp ·cc: Client Tease.27
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