Case 1:19-cv-25045-JEM Document 90 Entered on FLSD Docket 07/15/2020 Page 1 of 5

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
Miami Division

CASE NO.: 19-25045–CIV-MARTINEZ-OTAZO-REYES

Vicky Cornell, individually, and in her capacity as

the Personal Representative of the Estate of
Christopher John Cornell a/k/a Chris Cornell,

Plaintiff,

v.

Soundgarden, a purported Washington General

Partnership, Kim A. Thayil, Matt D. Cameron,
Hunter Benedict Shepherd, Rit Venerus and Cal
Financial Group, Inc.

Defendants.

Soundgarden, a Washington General Partnership,

and Soundgarden Recordings LLC, a Delaware limited liability company,

Counter-Plaintiffs,

v.

Vicky Cornell, individually, and in her capacity as

the Personal Representative of the Estate of
Christopher John Cornell a/k/a Chris Cornell,

Counter-Defendants.
__________________________________________/

JOINT STIPULATION AMONG COUNTER-PLAINTIFFS AND COUNTER-

DEFENDANTS TO PERMIT COUNTER-PLAINTIFFS TO FILE FIRST AMENDED
COUNTERCLAIMS TO DISMISS THE NINTH AND TENTH CAUSES OF ACTION

Counter-Plaintiffs, Soundgarden, a Washington General Partnership, and Soundgarden

Recordings LLC, a Delaware Limited Liability Company (together “Counter-Plaintiffs”) and

Counter-Defendants, Vicky Cornell, individually, and in her capacity as the Personal

Representative of the Estate of Christopher John Cornell a/k/a Chris Cornell (“Counter-
Case 1:19-cv-25045-JEM Document 90 Entered on FLSD Docket 07/15/2020 Page 2 of 5

Defendants”), jointly stipulate, pursuant to Federal Rule of Civil Procedure 15(a)(2), to the filing

of Counter-Plaintiffs’ First Amended Counterclaims, which is attached as Exhibit 1.

1. The sole purpose of filing the First Amended Counterclaims is to dismiss the Ninth

and Tenth Causes of Action and certain related factual allegations relating to the January 16, 2019

charity concert: “I am the Highway: A Tribute to Chris Cornell” (the “Charity Concert Claims”)

as set forth in Counter-Plaintiffs’ original Counterclaims (D.E. 68).

2. With regard to the dismissal of claims, the Eleventh Circuit has found that Rule 41

is limited to the dismissing of an entire action, and that the most appropriate means to dismiss

piecemeal claims, as opposed to an entire action, is pursuant to Rule 15. See Perry v. Schumacher

Grp. of La., 891 F.3d 954, 958 (11th Cir. 2018) (the “easiest and most obvious” way to dismiss

piecemeal claims is to amend the complaint to eliminate the claims). This stipulation is intended

to affect dismissal of the Charity Concert Claims as efficiently as possible.

3. Counter-Plaintiffs filed their Counterclaims on May 6, 2020 (D.E. 68).

4. On May 7, 2020, Counter-Defendants delivered a letter providing financial

information and documents relating to the Charity Concert Claims, characterized the Charity

Concert Claims as shameful and objectively frivolous, and threatened to file a Rule 11 Motion

should Soundgarden not voluntarily dismiss the claims. On May 11, 2020, Counter-Plaintiffs

delivered a response letter.

5. On June 24, 2020, Counter-Defendants served, but did not file, a Motion for Rule

11 Sanctions against Soundgarden, Soundgarden’s individual band members and co-defendants,

Matt Cameron, Kim Thayil and Ben Shepherd and Soundgarden’s legal counsel relating to the

Charity Concert Claims. The Rule 11 Motion outlined the baseless nature of the Charity Concert

Claims.

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6. While it is Counter-Plaintiffs’ position that the Cornell Charity Claims were well-

founded at the time of filing of the Counterclaims and remain well-founded, Counter-Plaintiffs

have now agreed to voluntarily dismiss the Charity Concert Claims for reasons communicated to

Counter-Defendants. To that end, Counter-Plaintiffs and Counter-Defendants jointly stipulate to

the filing of the First Amended Counterclaims, which removes the Charity Concert Claims from

the First Amended Counterclaims.

7. Counter-Plaintiffs and Counter-Defendants further jointly stipulate that the filing

of the First Amended Counterclaims does not and should not impact the pending and fully-briefed

partial Motion to Dismiss relating to various causes of action of the Counterclaims (See D.E. 74,

84, and 87). In this regard, it bears noting that: (a) the partial Motion to Dismiss is not directed at

the Dismissed Claims; and (b) the First Amended Counterclaims does not delete or modify, in any

way, any of the factual allegations or causes of action at issue in the partial Motion to Dismiss.

Dated: July 15, 2020

Respectfully submitted,

GRAVIS LAW
Paul H. Beattie
Email: PBeattie@gravislaw.com
701 Fifth Avenue, Suite 2800
Seattle, WA 98104-7003
(509) 240-8200 (tel.)
Pro Hac Vice Admitted

RIMON, P.C.
Gabriel G. Gregg
Email: gabriel.gregg@rimonlaw.com
Matthew H. Poppe
Email: matthew.poppe@rimonlaw.com
800 Oak Grove Avenue, Suite 250
Menlo Park, CA 94025
(650) 461-4433
Pro Hac Vice Admitted

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HOLLAND & KNIGHT

515 East Las Olas Boulevard., Suite 1200
Fort Lauderdale, Florida 33301
Telephone: (954) 468-7961
Facsimile: (954) 463-2030

By: s/ Benjamin Taormina

Benjamin Taormina
Florida Bar No.: 106731
Benjamin.taormina@hklaw.com
Sanford Lewis Bohrer
Florida Bar No.: 160643
sbohrer@hklaw.com

Attorneys for Defendant and Counter-

Plaintiff Soundgarden, Defendants Kim A.
Thayil, Matt D. Cameron, and Hunter
Benedict Shepherd, and Counter-Plaintiff
Soundgarden Recordings, LLC

PRYOR CASHMAN LLP

Attorneys for Plaintiffs
201 South Biscayne Boulevard, Suite 2700
Miami, Florida 33131
Telephone: (786) 582-3010
Facsimile: (786) 582-3004

By: s/ James G. Sammataro

James G. Sammataro
Florida Bar No. 520292
jsammataro@pryorcashman.com
Brendan S. Everman
Florida Bar No. 68702
beverman@pryorcashman.com

Attorneys for Plaintiffs and Counter-Defendants

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on July 15, 2020, I electronically filed the foregoing document

with the Clerk of the Court using the CM/ECF system, which will send Notices of Electronic Filing

to all counsel of record.

/s/ Benjamin A. Taormina

Benjamin A. Taormina
Florida Bar No. 106731