Case 2:19-cv-02078-APG-NJK Document 1 Filed 12/04/19 Page 1 … · 2019-12-05 · My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury

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EXHIBIT A

Residency Agreement

EXHIBIT A

Case 2:19-cv-02078-APG-NJK Document 1-1 Filed 12/04/19 Page 1 of 15















EXHIBIT B

November 13, 2019 Notice of Breach

EXHIBIT B


Reed Smith LLP

599 Lexington AvenueNew York, NY 10022-7650

+1 212 521 5400Fax +1 212 521 5450

reedsmith.com

Jordan W. Siev Direct Phone: +1 212 205 6085 Email: [email protected]

ABU DHABI ATHENS AUSTIN BEIJING CENTURY CITY CHICAGO DALLAS DUBAI FRANKFURT HONG KONG HOUSTON KAZAKHSTAN LONDON LOS ANGELES MIAMI MUNICH NEW YORK PARIS PHILADELPHIA PITTSBURGH PRINCETON RICHMOND SAN FRANCISCO SHANGHAI SILICON VALLEY SINGAPORE TYSONS WASHINGTON, D.C. WILMINGTON

November 13, 2019

Via Electronic Mail ([email protected])

Jeffrey T. Welch Executive Vice President & Chief Legal Officer Red Rock Resorts, Inc. 1505 S. Pavilion Center Drive Las Vegas, NV 89135

Re: Notice of Breach of Artist Performance Agreement

Mr. Welch,

As you are aware, our firm, together with Snell & Wilmer LLP, represents Big City Dynasty Corp. and Mr. Ryan Raddon, p/k/a Kaskade. We write to you in connection with the Artist Performance Agreement dated January 8, 2018 between Producer and FP. All defined terms in the Agreement are adopted herein.

On November 1, 2019, FP unilaterally cancelled Artist’s Performance which had long been scheduled for November 8, 2019. To date, FP has not made the required payment for this Performance.

Further, on November 5, 2019, FP announced that its “KAOS” nightclub and dayclub—that is, the Venues—will be closed effective immediately. This closure necessarily means that FP will not be able to provide Artist with a suitable venue to carry out the remaining Performances in 2019 or the Performances in 2020.

We again note that Artist and Producer have been and remain ready, willing, and able to fully perform their obligations under the Agreement. FP’s actions as set forth above constitute substantial and material breaches of FP’s obligations under the Agreement.

Pursuant to paragraph 20 of the Agreement, FP has 5 business days—or until Thursday, November 21, 2019—to cure its breaches. If FP fails to cure, Producer and Artist intend to exercise all of their rights and remedies under the Agreement, including, but not limited to, pursuing legal action to collect all compensation due pursuant to paragraph 2 of the Agreement. Further, if FP fails to cure its breaches, Producer and Artist shall have no further liabilities and/or obligations in connection with the Engagement or the transactions contemplated by the Agreement.

This letter is not intended as a full recitation of all of the material facts concerning either Producer and Artist’s performance of their obligations under the Agreement or FP’s breaches of the Agreement, and is written without prejudice to Producer’s and Artist’s rights, remedies, and arguments, all of which remain expressly reserved.


Jeffrey T. Welch November 13, 2019 Page 2

Very truly yours,

/s/ Jordan W. Siev

cc: Edward H. Shapiro, Reed Smith LLP Alex L. Fugazzi, Snell & Wilmer LLP



AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

))))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

District of Nevada

BIG CITY DYNASTY CORP. and RYAN RADDON

FP HOLDINGS, L.P.

FP Holdings, L.P.c/o Station Casinos LLC1505 S Pavilion Center DriveLas Vegas, NV 89135

Alex L. Fugazzi, Esq.Aleem A. Dhalla, Esq.Snell & Wilmer L.L.P.3883 Howard Hughes Parkway, Suite 1100Las Vegas, NV 89169


AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

I personally served the summons on the individual at (place)

on (date) ; or

I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

0.00


Documents

Case 2:19-cv-02078-APG-NJK Document 1 Filed 12/04/19 Page 1 … · 2019-12-05 · My fees are $ for travel and $ for services, for a total of $ . I declare under penalty of perjury