IN THE CIRCUIT COURT OF HARRISON COUNTY, MISSISSIPPI

SECOND JUDICIAL DISTRICT

JULIET LANDAU VERSUS ARTISTS DIE BEST IN BLACK, LLC; PAUL BONGE and PRICE HALL and JOHN and JANE DOES 1-10 CIVIL ACTION NO.
PLAINTIFF

DEFENDANTS

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF COMES NOW, the Plaintiff, Juliet Landau, and files this Complaint for Damages and Injunctive Relief pursuant to Mississippi Rule of Civil Procedure 65 against Artists Die Best in Black, LLC; Paul Bonge; Price Hall; and John and Jane Does 1-10. As grounds for this Complaint for Damage and Preliminary Injunction, Juliet Landau would state as follows: PARTIES 1. 2. Juliet Landau is an adult resident citizen of the state of California. Artists Die Best in Black, LLC is a Mississippi limited liability corporation,

which may be served with process by service on its registered agent, Mr. Bill Luckett, 143 Yazoo Avenue, Clarksdale, Mississippi 38614. 3. Paul Bonge is an adult resident citizen of the state of Mississippi who may be

served with process by personal service at 220 Gill Avenue, Biloxi, Mississippi 39530, or wherever he may be found. 4. Price Hall is an adult resident citizen of the state of New Mexico who may be

served with process by personal service at 53 Sandia Haven Drive, Cedar Crest, New Mexico 87008, or wherever he may be found.

MAY 0 2 2013
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5.

Defendants John and Jane Does 1-10 are those persons, agents, employees,

and/or representatives of Defendants Artists Die Best in Black, LLC; Paul Bonge; and Price Hall whose conduct as described herein caused or contributed to the damages of the Plaintiff, all of whose names and legal identities are unknown to the Plaintiff at this time, but will be substituted by amendment when ascertained, individually and jointly.

JURISDICTION AND VENUE

6. This action arises out of the tortious breach by Defendants of their contract

with the Plaintiff to employ her in the role of Rosemund in the feature film, "Artists Die Best in Black" ("Artists"), which is to be filmed in Biloxi, Mississippi. 7. This Court has subject matter jurisdiction over this cause pursuant to

applicable Mississippi statutory law. 8. Venue is proper in the Circuit Court of Harrison County, Mississippi, Second

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Judicial District, pursuant to Miss. Code Ann. 11-11-3. The acts and omissions giving rise to the Plaintiff's cause of action occurred in Harrison County, Mississippi. The Defendant, Paul Bonge, may be served in Biloxi, Harrison County, Mississippi.

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FACTS
9. In February 2012, Cathy Henderson-Martin, the casting director retained by

Defendants to cast the various roles in "Artists," solicited Juliet Landau for the lead role of Rosemund. On March 11, 2012, Defendant Price Hall, the film's director, offered Juliet

Landau the lead role of Rosemund, and she immediately accepted. 10. Following her acceptance of the lead role of Rosemund, the Defendants and

their agents solicited and procured additional services from Juliet Landau, including, but not

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limited to, script development, promotion, marketing, co-producing and fundraising which Ms. Landau would not have provided, but for her employment by Defendants to act as Rosemund in "Artists," and her reliance on the promises made by Defendants. 11. Martha Mabey, the author of the book on which the feature film is based,

wrote Ms. Landau on March 14, 2012 to express her happiness that she would be the star of the movie and to applaud her for helping to make the production happen. Ms. Mabey assured Ms. Landau that the film's director, Defendant Price Hall, "does what he says and is a dear friend .... Again you are helping to make this happen." 12. On March 21, 2012, Defendant Price Hall, the director of "Artists," wrote Ms.

Landau and stated: "my people ... are extremely pleased about your playing Rosemund in the film." Over the course of the ensuing months, Mr. Hall inundated Ms. Landau with

assurances that she, unquestionably, would act in the role of Rosemund when the film went into production. Some of these assurances are referenced below. 13. Further, on March 21, 2012, Defendant Price Hall appealed to Ms. Landau to

come to Biloxi to assist in the fundraising and development efforts for "Artists," inducing Ms. Landau's involvement in the production of the film and greatly expanding her involvement in the project. In reliance on Defendants' promises, Ms. Landau agreed to expand her role and to come to Biloxi to assist in fundraising and development. 14. On or about April 30, 2012, Defendant Price Hall confirmed Ms. Landau's trip

to Biloxi, scheduled a telephone conference with Defendant Paul Bonge, and asked Ms. Landau to sign a "letter of intent" with regard to "Artists." (A letter of intent is understood within the entertainment industry to be a principal mechanism used for fundraising because it

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signals to those who might invest in the production that the actor or actress is on board and committed.) Defendant Hall's request that Juliet Landau sign the letter of intent prior to the Biloxi trip further evidences the understanding that Ms. Landau would act in the role of Rosemund. 15. On May 3, 2012, Defendant Price Hall forwarded a letter of intent, which he

drafted or had drafted, to Juliet Landau. Ms. Landau signed the letter of intent on May 7, 2012, in advance of Ms. Landau's scheduled May 20, 2012 promotional trip to Biloxi. On May 9, 2012, the planned telephone conference between Defendant Hall, "Artists'" director; Defendant Bonge, "Artists'" producer, and Ms. Landau, "Artists'" principal actor, took place. The phone conference was to discuss the film; to plan the details of the scheduled promotion and fundraising trip to Biloxi,
to

read through specific scenes that would be performed for

potential investors, and to discuss various aspects of the project in general. 16. On May 20, 2012, Ms. Landau traveled
to

Biloxi on a multi-day business trip

designed to promote and secure funding for "Artists." All expenses for the trip were paid by Defendant Paul Bonge. While in Biloxi, Ms. Landau performed every scheduled event

arranged by Defendants Bonge and Hall including business meetings and roundtables. Ms. Landau was also interviewed by personnel at WLOX, the local ABC television affiliate promoting "Artists" and the Sun Herald newspaper. At all times, the Defendants held Ms. Landau out as the actress cast
to

play the starring role in the production of "Artists." In fact,

Defendant Hall attributed Ms. Landau's participation as the key to bringing an "angel" investor to "Artists" who might provide the entire $1.9 million budget needed for "Artists." 17. Significantly, the May 2012 trip to Biloxi included a rehearsal of "Artists" in

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which Juliet Landau acted in the lead role of Rosemund and a public staged reading of excerpts of the script, in which Mr. Bonge performed with Ms. Landau.
18.

Upon

returning home from the Biloxi trip, Juliet Landau received

correspondence from Defendant Price Hall thanking her for her participation and expressing his enthusiasm in working with her on the film. Defendant Hall wrote the following;

"Everyone has been talking about how gracious and talented you are . . .. Having the opportunity to read with you was a highlight of [Mr. Bonge's] life. He is still talking about it. I am so looking forward to working with you on this film." Defendant Hall went on to discuss the specific amounts of production revenue raised as a result of Ms. Landau's visit and the efforts she invested in securing production funds for the film. 19. Defendant Hall acknowledged these efforts, not only to Ms. Landau, but also

to others within the entertainment industry. On June 2, 2012, Defendant Hall wrote actor Matthew

J.

Williamson and acknowledged Ms. Landau's significant fundraising role, which

allowed the Defendants to raise a portion of the necessary development capital and to obtain commitments for production capital. 20. On or about July 12, 2012, Juliet Landau's role in "Artists" was further

expanded when Defendant Hall solicited her participation in the upcoming social media campaign to be launched in order to raise additional funds for "Artists." 21. In late July 2012, Juliet Landau was asked to take on yet another role by

providing script development for "Artists." Acting in reliance on the promises made by Defendants, Ms. Landau provided significant feedback on the script, which was incorporated into further script revisions.

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22.

In August 2012, Defendant Hall forwarded to Ms. Landau a potential movie

logo and mockup of a website for her review thereby further expanding Ms. Landau's role in "Artists." In September 2012, Defendant Hall again solicited Ms. Landau's assistance, asking her to make a second trip to Biloxi in order to be a part of the media launch for "Artists." Knowing that Ms. Landau was currently working on a project in London, Mr. Hall entreated her return to Biloxi, writing as follows: "I hate to have to ask you to make it to Biloxi ... but it does seem to be of high importance to have you there if at all possible." 23. Juliet Landau was then asked by Defendant Hall to not only travel to Biloxi

but also to participate in the four-day inaugural Sun & Sand Music & Film Festival. Defendant Hall specifically asked Ms. Landau to speak at one of the festival events and to be a part of a panel among other activities. He acknowledged that her participation would be "great PR for our project ...." (emphasis added) 24. In preparation for the Sun & Sand Music & Film Festival, Defendant Hall

forwarded Ms. Landau scenes from "Artists" that she would be reading for the staged readings at the festival. Defendant Hall wrote: "I have attached the scenes that you will be reading for the staged readings. In fact, surprise, surprise, you are in all of the scenes. That's what you get for being the star. And I'm so happy you are." (emphasis added) 25. In November 2012, Defendant Hall acknowledged that Ms. Landau's

participation in "Artists" provided invaluable material and intrinsic benefit to "Artists" which he acknowledged in writing as follows: Juliet, when I think of what you are bringing to our project, I Because of your can only speak in superlatives . . . . participation, ... we were able to not only make tremendous strides in publicizing ARTISTS, but also to forward the project's

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financing. You also provided invaluable assistance to the festival itself. If you and your colleagues had not been there to participate, I truly believe the Event would have failed. 26. In December, Ms. Landau was also asked to give feedback to the Defendants

with regard to editors and stylists to be used in the production further expanding her co producing role, and Ms. Landau responded to every request made of her, relying all the while on the promises Defendants made to her. 27. On December 18th, Defendant Price Hall wrote that they had obtained a large

portion of the budget needed for"Artists" and thanked Ms. Landau for playing such a pivotal role in bringing the project to the point of fruition. He also requested the use of Ms. Landau's photographic image for use in promoting "Artists." Ms. Landau agreed to license several photographic images for promotional purposes. photographic images to promote "Artists." 28. As recently as March 4, 2013, a press release was issued at the direction of Thereafter, Defendants used the

Defendants Bonge and Hall on behalf of "Artists." It quoted Mr. Bonge, named as the Executive Producer, and identified Ms. Landau and others as artists committed to the film. 29. On March 6, 2013, Defendant Bonge confirmed his commitment to Ms.

Landau by informing as follows: I green lit the show last week. My friend Billy Badalato is our senior producer and is here for prep, scouting yesterday today and tomorrow and crew hiring. So very exciting and you should be hearing from Cathy Henderson in the next couple of weeks now. We're planning 6 weeks in prep and princip photog to begin end April or beginning of may. Defendant Bonge's statement that "Artists" had been green lit and would quickly begin production further caused Ms. Landau to rely on the Defendants' promises to her detriment.

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30.

By March 7, 2013, Defendant Hall sent Ms. Landau a "final draft" of the

"Artists" scnpt, which incorporated her feedback and recommendations and asked for additional feedback. 31. On March 15, 2013, after Ms. Landau reviewed the script, she and Defendant

Hall had a phone conference lasting for an hour and a half in which they discussed Ms. Landau's feedback and in which Defendant Hall solicited input on various additional cast members. The same day, Ms. Landau was asked by Defendant Hall to reView a list of

proposed cast members. 32. On March 24, 2013, the Defendants' casting director, Cathy Henderson-

Martin, wrote Ms. Landau and praised her effusively: By giving us your enthusiasm, professional stature, and undying support for the role and the project, we are where we are today. Making a movie: Artists Die Best in Black! . . .. Thank you for all you have done for the movie's funding stage. . .. I am looking forward to seeing you ... when the movie wraps. 33. On April 3, 2013, Defendants' co-producer, Mark Headley wrote Ms. Landau's

manager, Vicki McCarty, asking her to request that Ms. Landau be patient with the scheduling of her work and advising that Ms. Landau should plan to work as Rosemund for five weeks in the May June 2013 time frame. Ms. Henderson-Martin also asked for Ms.

Landau's current acting quote, which was verified as accurate. The acting quote provides the basis for setting pay for an actor. 34. On April 10, 2013, after doing everything and more that was asked of her by

the Defendants, Defendant Hall notified Ms. Landau that Defendants were breaching their agreement with her to perform the role of Rosemund in "Artists." Prior to this notification,

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Ms. Landau did not have any reason to believe she would not be performing in and co producing "Artists Die Best in Black." 35. For a period of fourteen (14) months, Plaintiff Juliet Landau generously

rendered services, provided substantial amounts of her time, and traveled extensively on behalf of Defendants to ensure the funding and development of the feature film, "Artists Die Best in Black." 36. At all times, Ms. Landau has acted with nothing but the utmost integrity,

professionalism, enthusiasm and commitment. It is now apparent that the Defendants have used her for their own purposes and then capriciously cast her aside without explanation at the eleventh hour.
37.

Juliet Landau's services were performed in reliance on promises made to her by

the Defendants throughout the development process for "Artists." She is entitled to compensation for her efforts and for the Defendants' breach of their employment contract with her.

CAUSES OF ACTION
COUNT I: BREACH OF CONTRACT

38. herein. 39. The Defendants entered into a contract with the Plaintiff in which they The Plaintiff re-alleges each of the foregoing paragraphs as if fully set forth

contracted for her participation as an actress acting the part of Rosemund in the feature film "Artists Die Best in Black" and thereafter increased her duties by asking her to provide development, fundraising, promotion, script consultation, talent consultation and personnel

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consultation for the film. 40. The Defendants breached their contract with the Plaintiff by denying her the

part of Rosemund in the film on the eve of filming and after she provided all of the services requested of her. 41.
42.

At all times, the Plaintiff performed pursuant to the contract. Defendants' breach of the contract has proximately caused substantial harm

and damage to the Plaintiff for which she is entitled to compensation.

COUNT II: INTENTIONAL MISREPRESENTATION AND/OR OMISSION

43.

The Plaintiff re-alleges each of the foregoing paragraphs as if fully set forth

herein. 44. Alternatively, the actions of the Defendants in luring Ms. Landau through

various agents and communications to provide untold professional services on their behalf as set forth above constitute intentional misrepresentation.
45.

Defendants' material misrepresentations were deliberate and were purposely

designed to deceive the Plaintiff into providing services to Defendants without compensation. Such services constituted great gain by Defendants and great loss by the Plaintiff.
46.

Through the actions of the Defendants and their agents, the Plaintiff was led to

believe that the Defendants were casting her in the role of Rosemund in the feature film "Artists Die Best in Black" for which she would receive appropriate and adequate compensation.
47.

The Defendants intentionally misrepresented their intentions to the Plaintiff to

secure her various and numerous services as set forth above without the necessity of providing

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her compensation for same. 48. The misrepresentations were deliberate by the Defendants and were purposely

designed to induce the Plaintiff into providing professional services to the Defendants without compensating her for work.
49.

The Plaintiff reasonably believed that the Defendants would compensate her

for the professional services she provided for all phases of the production of the feature film, "Artists Die Best in Black." 50. As a direct and prOXimate result of the Defendants' intentional

misrepresentations, the Plaintiff has suffered damages to which she is entitled compensation.
51.

The Defendants' conduct was willful, wanton and malicious, thereby entitling

the Plaintiff to the recovery of punitive damages against the Defendants.

COUNT III. NEGLIGENT MISREPRESENTATION

52.

The Plaintiff re-alleges each of the foregoing paragraphs as if fully set forth

herein.
53.

Alternatively,

the

actions

of

the

Defendants

constitute

negligent

misrepresentations by the Defendants, who failed to exercise the requisite degree of diligence and expertise to which the Plaintiff or anyone similarly situated is entitled.
54.

The negligent misrepresentations were material in that the Plaintiff would not

have provided the numerous professional services to the Defendants without reasonably believing that she would star in the role of Rosemund in the feature film "Artists Die Best in Black" and that she would be appropriately and adequately compensated for her services. 55. The Plaintiff did not accept other work
ill

reliance on the Plaintiffs'

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misrepresentations to her that she would be filming the role of Rosemund and thereby suffered additional losses. 56. As a direct and proXImate result of the Defendants' negligent

misrepresentations, the Plaintiff has suffered damages to which she is entitled compensation.

COUNT IV: ESTOPPEL AND DETRIMENTAL RELIANCE

57. herein.
58.

The Plaintiff re-alleges each of the foregoing paragraphs as if fully set forth

The Plaintiff reasonably relied to her detriment on the misrepresentations

concerning material facts by the Defendants as set forth in the foregoing paragraphs. 59. Under the doctrines of detrimental reliance, equitable estoppel, and promissory

estoppel, the Defendants are liable to the Plaintiff for her resulting damages.

COUNT V: UNJUST ENRICHMENT

60.

The Plaintiff re-alleges each of the foregoing paragraphs as if fully set forth

herein. 61. The valuable professional services the Plaintiff provided to the Defendants has

resulted in the unjust enrichment to the Defendant, and the Plaintiff is entitled to compensation for those services.

COUNT VI: PUNITIVE DAMAGES

62. herein. 63. The actions of the Defendants as set forth in the foregoing paragraphs are so The Plaintiff re-alleges each of the foregoing paragraphs as if fully set forth

egregious and intentional as to entitle the Plaintiff to an award of punitive damages. The

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Defendants have acted willfully, wantonly, and with reckless and intentional disregard for the Plaintiff's rights. The Defendants are liable for punitive damages under applicable state law.

COUNT VII: INJUNCTIVE RELIEF

64.

The Plaintiff would show that there is a great likelihood that the Plaintiff will

succeed on the merits in this matter. As set forth above, the Plaintiff has set forth facts entitling her to recovery pursuant to Mississippi law.
65.

The Plaintiff is threatened with irreparable harm if injunctive relief is not

granted. The Defendants are operating on a schedule, which will exhaust the entire budget believed to be $1.9 million dollars without compensating the Plaintiff for her professional servIces. This exhaustion of funding will deprive the Plaintiff of compensation for her

valuable professional services and will cause her to suffer permanent irretrievable economic losses.
66.

The threatened harm outweighs the harm to the Defendants. If the injunction

is not issued, the Defendants will be free to exhaust the $1.9 million budget, and the Plaintiff stands to lose all compensation for her professional services. The Defendants will merely be delayed in filming, a harm which is not outweighed by the loss to the Plaintiff.
67.

Injunctive relief will not disserve the public interest, and would, in fact, serve

the public interest. Mississippi has, through its Mississippi Film Office, invested in seeking projects such as this in Mississippi. Upon information and belief, the Defendants have benefitted from incentives through the Mississippi Film Office. If the Defendants are allowed to continue with the project, their actions will cast projects such as this in an unfavorable light.

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68.

Therefore, the Court should issue an order granting the Plaintiff preliminary

injunction in this matter enjoining the continued production of "Artists Die Best in Black" until such time as the Court shall have a hearing on this matter. WHEREFORE, the Plaintiff, Juliet Landau, prays that this Court will enter judgment against the Defendants, Artists Die Best in Black, LLC; Paul Bonge; and, Price Hall, granting the Plaintiff the following relief: a. A preliminary injunction requiring the Defendants to cease production

and filming of the feature film, "Artists Die Best in Black," until such time as the Plaintiff can be heard on the merits; b. An award of actual damages consisting of the following:
1.

Compensation for Ms. Landau's acting fee as Rosemund,

the lead actor in "Artists Die Best in Black;"

11.

A co-producer fee; A commission of 5% on all funds that were raised for production and promotion of Artists, including

111.

development,

Mississippi tax incentives;

IV.

Marketing fees of 5% of the film's budget for marketing

consultation; v. Fees for scnpt consultation, talent consultation, and

personnel consultation for each service; and

VI.

Licensing fees for the use of Ms. Landau's Image

In

promoting "Artists Die Best in Black."

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c.

An award of punitive damages, attorney fees and costs as provided

herein by law in such amounts as this Honorable Court may find to be reasonable. Respectfully submitted, this the I

day of May, 2013.

JULIET LANDAU, Plaintiff

EMILIE F. WHITEHEAD (MSB #10297) OF COUNSEL: STEEN DALEHITE & PACE, LLP Heritage Building, Suite 415 401 East Capitol Street P. O. Box 900 Jackson, MS 39205-0900 Telephone: 601/969-7054 Facsimile: 601/353-3782

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