OVER DERAILED UBO40 CONCERT
By FERDIE DE LA TORRE
The federal court on Friday dismissed without prejudice the claims in the Saipan concert promoter Steven Brownstein’s lawsuit against a San Diego, California resident who engages in the entertainment business.
Dismiss without prejudice means Brownstein can still re-file his claims against San Diego resident Fredrick Holloman.
U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed the claims against Holloman following Brownstein’s request.
Brownstein owns the Steven Brownstein Entertainment. He, through counsel Steven P. Pixley, informed the court last week that he was unable to serve Holloman with process pursuant to Federal Rules of Civil Procedure.
With the dismissal of the claims against Holloman and co-defendant Jason H. Aldan, Manglona directed the court’s clerk to close the case.
Aldan is a former CNMI resident who is now based in Honolulu.
Brownstein’s lawsuit arose over the derailed concert of world-famous English reggae and pop bond UB40 in Guam and Saipan in 2005.
Last Jan. 16, Manglona issued an order to show cause, directing Brownstein to explain why his claims in the lawsuit against Holloman should not be dismissed.
In the order to show cause, Manglona said that on May 4, 2018, Brownstein filed a second amended complaint, naming Holloman as a co-defendant of Aldan.
Manglona said Brownstein has not filed proof of service and that Holloman has not filed an answer to the claims has not appeared.
Last Jan. 15, Manglona dismissed the action as between Brownstein and defendant Aldan after the two reached a settlement deal.
Manglona’s Jan. 15 order did not terminate the action with respect to Holloman, who was not a party to agreement to dismiss the lawsuit.
Brownstein and Aldan have reached a settlement deal.
The amount and terms of the settlement are confidential.
In April 2017, Brownstein filed the lawsuit against Holloman and Aldan for allegedly defrauding his company of $115,000 by misrepresenting to have the UB40 perform in Guam and Saipan in 2015.
The complaint alleges that Aldan works for CNMI Medical Referral in Hawaii, but also has worked from time to time with Brownstein to bring entertainers to Saipan.
Brownstein filed claims of breach of contract by Holloman, and fraud and unjust enrichment by Holloman and Aldan.
In July 2017, Aldan, through counsel Robert T. Torres, filed a motion to dismiss the fraud and unjust enrichment claims against him.
In November 2017, the court granted that motion and dismissed the claims without prejudice, giving Brownstein leave to amend.
In January 2018, Brownstein filed a first amended complaint naming only Aldan as a defendant and omitting the breach-of-contract claims against Holloman.
In May 2018, Brownstein filed a second amended complaint naming both Aldan and Holloman as defendants, and a new summons for Holloman was issued.
Aldan counterclaims for abuse of process. He asserts that Brownstein is using this lawsuit to make him (Aldan) “a scapegoat for the backlash, bad press, and embarrassment that Steven Brownstein Entertainment has encountered.