MÖTLEY CRÜE: 'This Band Is Not Going To Sue TOMMY LEE'
December 6, 2007In Court and in papers filed with the Court, in MÖTLEY CRÜE v. Carl Stubner, et al., attorneys for defendant Carl Stubner argued that MÖTLEY CRÜE's proper claim should not be against Stubner, but rather should be made against Stubner's client, Tommy Lee. MÖTLEY CRÜE, through their attorney, disagreed.
Skip Miller of Miller Barondess, LLP, representing legendary rock band MÖTLEY CRÜE, stated in Court: "This band is not going to sue Tommy Lee; this lawsuit is not about Tommy Lee. It is about Carl Stubner's tactics that we contend harmed MÖTLEY CRÜE and cost the band millions of dollars." The attorneys were arguing a demurrer.
The evidence in the lawsuit against Stubner consists of statements from band members Vince Neil, Nikki Sixx and Mick Mars as well as ten sworn declarations from key professionals associated with the band. According to a press release issued by MÖTLEY CRÜE's representatives, the evidence "demonstrates that Stubner was a manager of MÖTLEY CRÜE and not just the manager of drummer Tommy Lee as he has previously claimed." The MÖTLEY CRÜE lawsuit alleges that Stubner breached his fiduciary duties to MÖTLEY CRÜE by making threats and demanding more money for himself.
According to Nikki Sixx, a founding member of MÖTLEY CRÜE, "There are witnesses to Carl Stubner's threats and demands for more money for himself. Managers have to be held to higher standards in the music business just like they are in other industries." Mick Mars added, "Tommy Lee has been my and Nikki's friend for longer than anyone. This band is not going to sue Tommy Lee. We will hold Carl Stubner and Sanctuary accountable."
At the hearing, Los Angeles Superior Court Judge Richard L. Fruin directed MÖTLEY CRÜE to go back and specify the threats made by Stubner in detail, when they were made and to whom they were made. The band's attorneys said they would do so.
In CRÜE's original lawsuit, which was filed on June 18 in Los Angeles County Superior Court, three of the group's founding members (Nikki Sixx, Vince Neil and Mick Mars) through Motley Crue Inc., claimed Stubner forced Tommy Lee to "to become engaged in 'reality' projects that were bad career moves for Lee, harming [Sixx, Mars, Neil and Lee], the MÖTLEY CRÜE brand and Lee's own image." The suit called the low-rated NBC show "Tommy Lee Goes to College" a "critical disappointment and a ratings disaster," adding it painted Lee as "incoherent, lazy and incompetent" and made him "look like a laughing stock who could not carry a drum beat." The suit also claims Lee's participation on "Rock Star: Supernova" "diminished the public's interest in Lee and their overall perception of his musical talents."
Because Lee was so busy doing reality TV, the band says he was unavailable to tour with the CRÜE, thus causing the cancellation of several key concert dates. The band claims that they lost $8 million in ticket and merchandise revenue because of Lee's scheduling conflicts. The band claims these conflicts were "both real and concocted" by Stubner to "leverage his control over Lee to his financial advantage and to MÖTLEY CRÜE and Lee's detriment."
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