Harmon v. Nelson

BACKGROUND

I. The lawsuit’s origin in state court over six years ago

20 This lawsuit began in the Superior Court of California in the middle of 2015. Plaintiffs Gary 21 22 Harmon and ISE Entertainment Corporation1 sued Kerry Wallum, Willie Nelson, Luck Films, Luck Films LLC, Boulder Music Group LLC, and other unknown defendants for $10,000,000 based on alleged misrepresentations, false promises, and breach of fiduciary duty arising from supposed 25 business ventures between the parties. Dkt. No. 1 at 41-72 (Initial Complaint filed July 17, 2015, 26 27 Second Amended Complaint filed Dec. 7, 2018). For example, plaintiffs allege that between 2010 1 and 2013, defendants invited Harmon and ISE to run a video production company, Luck Films LLC, which would be jointly owned by Harmon, Kerry Wallum, and Willie Nelson, with Nelson providing millions of dollars in financial support. SAC ¶ 18-23. Plaintiffs allege they expended 5 tens of thousands of dollars on films projects believing that they would be reimbursed by defendants, 6 but reimbursement never came. Id. 7 The case progressed slowly. In the first nine months, defendants demurred,…