NEW ORLEANS —A federal judge denied a motion to dismiss a complaint filed by a recording artist against his former choreographer.
Chief Judge Nannette Jolivette Brown found that the parties have a definite and substantial dispute regarding the ownership rights in several choreographic works and that because the defendant has made aggressive demands for compensation, as well as aggressive legal threats, there is immediacy and concreteness to the controversy.
Brown also noted in the April 16 order that the defendant has pursued litigation against the plaintiff in California for a breach of contract arising out of the same dispute in the Louisiana litigation.
"Accordingly, Defendant is not entitled to dismissal of the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(7)," Brown wrote when she denied the motion to dismiss filed by defendant Wilberto Dejarnetti.
Freddie Ross Jr., known by the stage name "Big Freedia" filed the lawsuit against Dejarnetti on Nov. 20, 2018, alleging that Dejarnetti would occasionally provide choreography and video production services for him beginning in 2014.
Ross claims Dejarnetti was hired to help him refine his stage performance and he created new stage choreography for seven songs and was paid thousands of dollars for those services.
However, Dejarnetti allegedly attempted to take advantage of Ross's generous nature by pressuring Ross to provide him with a larger role in his career, such as including him on Ross' reality television show and being allowed to direct several of Ross' music videos, according to the suit
Ross claims Dejarnetti also wanted to be included in Ross' recording and songwriting sessions and would frequently show up uninvited and offer unsolicited suggestions regarding the music. Ross claims in 2017, he decided to terminate the working relationship with Dejarnetti because Dejarnetti's behavior was erratic and caused turmoil within Ross's team.
Dejarnetti allegedly began demanding credit for co-authoring and producing several of Ross' songs after that and ordered Ross to pay a $500 per month fee to continue using the choreography for the seven songs he made choreography to, according to the suit.
Ross claims Dejarnetti also refused to provide Ross with the music videos that Ross had commissioned and paid for.
Ross is seeking for the court to declare that Dejarnetti has no right, title or interest in the musical works; that Ross has the right to continue to use the choreographic works; and judgment for Dejarnetti's breach of contract. Ross is represented by Timothy R.W. Kappel of Farmer Purcell White & Lassiter.