Cameo Clips

The U.S. District Court for the Western District of South Dakota denied a motion to dismiss all but one of several claims filed by a concert promoter over the handling of ticket sales for concerts held during the annual Sturgis Motorcycle Rally in the Black Hills. Rozone Productions LLC v. Raczkowski, 09-5015-JLV. The Rozone Productions plaintiffs promoted Motorcycle Rally concerts by Kenny Chesney, John Fogerty and KISS. Rozone hired Good Music Agency to book the acts. Good Music then recommended that Rozone use Star Tickets as the ticket vendor. The concerts attracted large audiences, but after the shows, Star Tickets' CEO Andrew Rocky Raczkowski seized the ticket-stub boxes and allegedly destroyed some of the boxed stubs so that the amount remaining would match the ticket sales actually reported to Rozone. Meanwhile, unknown to Rozone, Star Tickets paid Good Music a $2.00 kickback for each ticket sold.

District Judge Jeffrey L. Viken allowed Rozone's breach of contract and intentional misrepresentation claims against Good Music to move forward. Judge Viken then noted of Rozone's deceit and civil conspiracy allegations: “Plaintiffs' complaint contains fact-specific allegations of deceit [i.e., receipt of the kickback payments] on the part of Good Music. ' It is alleged this non-disclosed conduct misled plaintiffs in their relationship with Good Music and the other defendants. ' The alleged torts of intentional misrepresentation and deceit involved the participation of one or more of the other defendants. The complaint asserts Raczkowski and Star Tickets are the individuals with whom Good Music may have had a meeting of the minds to cause the commission of another tortious act. ' This under-the-table, or kickback, relationship satisfies the allegations necessary to create an independent cause of action for civil conspiracy.”