MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Sergio Francisco Puebla Palomo, a musician, composer, and recording artist, brought this action against his former production company, Magic Circle Music, and its owner Joey DeMaio alleging conversion of his music equipment, replevin, and tortious interference with various other business relationships. Dkt. No. 1 (“Complaint”) 4. Defendants counterclaimed for breach of contract and unjust enrichment. Dkt. No. 39 (“Amended Answer”)
144-230. Both sides moved for summary judgment. Dkt. Nos. 151 (“Defendants’ Motion for Summary Judgment”), 152 (“Plaintiff’s Motion for Summary Judgment”). By Memorandum-Decision and Order entered on September 4, 2019, this Court granted Defendants’ Motion for Summary Judgment with respect to Plaintiff’s claim of tortious interference and denied it for all other causes of action. Dkt. No. 181 (“September 2019 Memorandum-Decision and Order”). In the same order, the Court granted Plaintiff’s Motion for Summary Judgment on his claims of conversion and replevin and for a portion of Defendants’ counterclaims of breach of contract and unjust enrichment. Id. Presently before the Court is Defendants’ motion seeking reconsideration of the September 2019 Memorandum-Decision and Order. Dkt. No. 182 (“Motion for Reconsideration”). For the reasons that follow, Defendants’ Motion is denied. II. BACKGROUND A. Factual Background Plaintiff’s factual allegations are detailed in the September 2019 Memorandum-Decision and Order, familiarity with which is assumed. See Sept. 2019 Mem.-Decision and Order at 3-10. For convenience, the Court briefly summarizes the relevant facts here. The following facts are undisputed unless otherwise noted. From 2005 to April 2013, Plaintiff served as a music director and composer for Magic Circle. Dkt. No. 151-1 (“Defendants’ Statement of Material Facts”) 3; Dkt. No. 166 (“Plaintiff’s Response Statement of Material Facts”) 3. Plaintiff also played keyboard for HolyHell, a heavy metal band led by his wife, Mary Ellen Breon. Compl. 22; Am. Answer 22. From 2007 until at least 2010, Plaintiff and HolyHell entered into a series of written agreements with Magic Circle to produce at least one album and perform on live tours, among other things. See Dkt. No. 39 at 36-41, 42-44, 45-49, 50-54, 55-57 (“2007-2010 Written Agreements”).1 The 2007-2010 Written Agreements addressed copyright ownerships, compensation, and other terms of the parties’ collaboration on HolyHell’s first album, concerts, and tours. Id. On December 22, 2011, Plaintiff and Breon met with Magic Circle management, including DeMaio, to discuss preparations for HolyHell’s second full-length album, later titled Darkness Visible. Defs.’ SMF 8; Pl.’s RSMF 8. During the meeting, the parties reviewed Magic Circle’s proposed budget for the album and associated touring, which was detailed in a spreadsheet indicating projected costs and revenues. Defs.’ SMF 11; Pl.’s RSMF 11. The spreadsheet noted that Magic Circle and HolyHell would split the profits for Darkness Visible 50-50. Dkt. No. 153-2, Ex. 10. At the end of the meeting, Breon remarked that the spreadsheet was “overwhelming,” and that she needed “to take a hot bath to think about it.” Dkt. No. 153-2, Ex. 9-T. Defendants assert that during the December 22, 2011 meeting, Plaintiff and HolyHell agreed to produce Darkness Visible with a minimum of 10 newly written songs, to be completed no later than May 2012. Defs.’ SMF 18. Plaintiff disputes that the parties had any contract regarding Darkness Visible, let alone a settled number of songs or deadline. Pl.’s RSMF 18. Nevertheless, in early 2012, HolyHell proceeded with Darkness Visible using Magic Circle’s recording studios and financial support. Id. 16; Defs.’ SMF 16. In May 2012, Plaintiff and Breon met with Magic Circle management, and there was a consensus that album production for Darkness Visible was behind schedule, with HolyHell having only recorded four songs by that point Dkt. No. 153-2, Ex. 19-T at 6-7, 13-15, 24-25. Upon DeMaio’s suggestion, HolyHell released three of their four finished songs digitally before their upcoming summer tour with the expectation that the parties would release the full album in the fall of 2012. Id. at 17, 36-38, 80. HolyHell went on tour in Europe in June and July of 2012, and Plaintiff authorized Magic Circle to ship his musical equipment to Europe through Rock-it Cargo, a third-party shipper. Dkt. No. 153 (“Plaintiff’s Statement of Material Facts”)
