Soundgarden v. Cornell Stipulation To Withdraw Claims

Case 1:19-cv-25045-JEM Document 90 Entered on FLSD Docket 07/15/2020 Page 1 of 5
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Miami Division
CASE NO.: 19-25045–CIV-MARTINEZ-OTAZO-REYES
Vicky Cornell, individually, and in her capacity as

the Personal Representative of the Estate of
Christopher John Cornell a/k/a Chris Cornell,
Plaintiff,
v.
Soundgarden, a purported Washington General

Partnership, Kim A. Thayil, Matt D. Cameron,
Hunter Benedict Shepherd, Rit Venerus and Cal
Financial Group, Inc.
Defendants.
Soundgarden, a Washington General Partnership,

and Soundgarden Recordings LLC, a Delaware limited liability company,
Counter-Plaintiffs,
v.
Vicky Cornell, individually, and in her capacity as

the Personal Representative of the Estate of
Christopher John Cornell a/k/a Chris Cornell,
Counter-Defendants.
__________________________________________/
JOINT STIPULATION AMONG COUNTER-PLAINTIFFS AND COUNTER-

DEFENDANTS TO PERMIT COUNTER-PLAINTIFFS TO FILE FIRST AMENDED
COUNTERCLAIMS TO DISMISS THE NINTH AND TENTH CAUSES OF ACTION
Counter-Plaintiffs, Soundgarden, a Washington General Partnership, and Soundgarden
Recordings LLC, a Delaware Limited Liability Company (together “Counter-Plaintiffs”) and
Counter-Defendants, Vicky Cornell, individually, and in her capacity as the Personal
Representative of the Estate of Christopher John Cornell a/k/a Chris Cornell (“Counter-
Defendants”), jointly stipulate, pursuant to Federal Rule of Civil Procedure 15(a)(2), to the filing
of Counter-Plaintiffs’ First Amended Counterclaims, which is attached as Exhibit 1.
1. The sole purpose of filing the First Amended Counterclaims is to dismiss the Ninth
and Tenth Causes of Action and certain related factual allegations relating to the January 16, 2019
charity concert: “I am the Highway: A Tribute to Chris Cornell” (the “Charity Concert Claims”)
as set forth in Counter-Plaintiffs’ original Counterclaims (D.E. 68).
2. With regard to the dismissal of claims, the Eleventh Circuit has found that Rule 41
is limited to the dismissing of an entire action, and that the most appropriate means to dismiss
piecemeal claims, as opposed to an entire action, is pursuant to Rule 15. See Perry v. Schumacher
Grp. of La., 891 F.3d 954, 958 (11th Cir. 2018) (the “easiest and most obvious” way to dismiss
piecemeal claims is to amend the complaint to eliminate the claims). This stipulation is intended
to affect dismissal of the Charity Concert Claims as efficiently as possible.
3. Counter-Plaintiffs filed their Counterclaims on May 6, 2020 (D.E. 68).
4. On May 7, 2020, Counter-Defendants delivered a letter providing financial
information and documents relating to the Charity Concert Claims, characterized the Charity
Concert Claims as shameful and objectively frivolous, and threatened to file a Rule 11 Motion
should Soundgarden not voluntarily dismiss the claims. On May 11, 2020, Counter-Plaintiffs
delivered a response letter.
5. On June 24, 2020, Counter-Defendants served, but did not file, a Motion for Rule
11 Sanctions against Soundgarden, Soundgarden’s individual band members and co-defendants,
Matt Cameron, Kim Thayil and Ben Shepherd and Soundgarden’s legal counsel relating to the
Charity Concert Claims. The Rule 11 Motion outlined the baseless nature of the Charity Concert
Claims.
2
6. While it is Counter-Plaintiffs’ position that the Cornell Charity Claims were well-
founded at the time of filing of the Counterclaims and remain well-founded, Counter-Plaintiffs
have now agreed to voluntarily dismiss the Charity Concert Claims for reasons communicated to
Counter-Defendants. To that end, Counter-Plaintiffs and Counter-Defendants jointly stipulate to
the filing of the First Amended Counterclaims, which removes the Charity Concert Claims from
the First Amended Counterclaims.
7. Counter-Plaintiffs and Counter-Defendants further jointly stipulate that the filing
of the First Amended Counterclaims does not and should not impact the pending and fully-briefed
partial Motion to Dismiss relating to various causes of action of the Counterclaims (See D.E. 74,
84, and 87). In this regard, it bears noting that: (a) the partial Motion to Dismiss is not directed at
the Dismissed Claims; and (b) the First Amended Counterclaims does not delete or modify, in any
way, any of the factual allegations or causes of action at issue in the partial Motion to Dismiss.
Dated: July 15, 2020
Respectfully submitted,
GRAVIS LAW
Paul H. Beattie
Email: [email protected]
701 Fifth Avenue, Suite 2800
Seattle, WA 98104-7003
(509) 240-8200 (tel.)
Pro Hac Vice Admitted
RIMON, P.C.
Gabriel G. Gregg
Matthew H. Poppe
800 Oak Grove Avenue, Suite 250
Menlo Park, CA 94025
(650) 461-4433
Pro Hac Vice Admitted
3
HOLLAND & KNIGHT

515 East Las Olas Boulevard., Suite 1200
Fort Lauderdale, Florida 33301
Telephone: (954) 468-7961
Facsimile: (954) 463-2030
By: s/ Benjamin Taormina

Benjamin Taormina
Florida Bar No.: 106731
[email protected]
Sanford Lewis Bohrer
Florida Bar No.: 160643
[email protected]
Attorneys for Defendant and Counter-

Plaintiff Soundgarden, Defendants Kim A.
Thayil, Matt D. Cameron, and Hunter
Benedict Shepherd, and Counter-Plaintiff
Soundgarden Recordings, LLC
PRYOR CASHMAN LLP

Attorneys for Plaintiffs
201 South Biscayne Boulevard, Suite 2700
Miami, Florida 33131
Telephone: (786) 582-3010
Facsimile: (786) 582-3004
By: s/ James G. Sammataro

James G. Sammataro
Florida Bar No. 520292
[email protected]
Brendan S. Everman
[email protected]
Attorneys for Plaintiffs and Counter-Defendants
4
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on July 15, 2020, I electronically filed the foregoing document
with the Clerk of the Court using the CM/ECF system, which will send Notices of Electronic Filing
to all counsel of record.
/s/ Benjamin A. Taormina

Benjamin A. Taormina

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Case 1:19-cv-25045-JEM Document 90 Entered on FLSD Docket 07/15/2020 Page 1 of 5

UNITED STATES DISTRICT COURT

CASE NO.: 19-25045–CIV-MARTINEZ-OTAZO-REYES

Vicky Cornell, individually, and in her capacity as

Soundgarden, a purported Washington General

Soundgarden, a Washington General Partnership,

Vicky Cornell, individually, and in her capacity as

JOINT STIPULATION AMONG COUNTER-PLAINTIFFS AND COUNTER-

Counter-Plaintiffs, Soundgarden, a Washington General Partnership, and Soundgarden

Recordings LLC, a Delaware Limited Liability Company (together “Counter-Plaintiffs”) and

Counter-Defendants, Vicky Cornell, individually, and in her capacity as the Personal

of Counter-Plaintiffs’ First Amended Counterclaims, which is attached as Exhibit 1.

as set forth in Counter-Plaintiffs’ original Counterclaims (D.E. 68).

to affect dismissal of the Charity Concert Claims as efficiently as possible.

3. Counter-Plaintiffs filed their Counterclaims on May 6, 2020 (D.E. 68).

4. On May 7, 2020, Counter-Defendants delivered a letter providing financial

delivered a response letter.

11 Sanctions against Soundgarden, Soundgarden’s individual band members and co-defendants,

Counter-Defendants. To that end, Counter-Plaintiffs and Counter-Defendants jointly stipulate to

the First Amended Counterclaims.

7. Counter-Plaintiffs and Counter-Defendants further jointly stipulate that the filing

Dated: July 15, 2020

HOLLAND & KNIGHT

By: s/ Benjamin Taormina

Attorneys for Defendant and Counter-

PRYOR CASHMAN LLP

By: s/ James G. Sammataro

Attorneys for Plaintiffs and Counter-Defendants

to all counsel of record.

/s/ Benjamin A. Taormina

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