Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 1 of 12

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Noah Scheinmann, Case No. 1:16-cv-05446-AT-AJP

Plaintiff,
DEFENDANT LEONARD
v. DYKSTRAS ANSWER AND
AFFIRMATIVE DEFENSES
Leonard Dykstra,

Defendant. Complaint filed: July 8, 2016

Defendant Leonard Dykstra (Defendant), by and through his undersigned

counsel, submits the following Answer and Affirmative Defenses to the Complaint filed
by Noah Scheinmann (Plaintiff):
PARTIES, JURISDICTION, AND VENUE
1. Defendant is without sufficient knowledge to form a belief as to the
allegations in Paragraph 1 of the Complaint, and on that basis denies the allegations.
2. Defendant admits that he is a United States Citizen and resides in
California, but denies that he resides in Murrieta, California.
3. Defendant admits that Plaintiff and Defendant are citizens of different
states but denies that the amount in controversy exceeds the sum or value of $75,000.
4. Defendant denies the allegations in Paragraph 4 of the Complaint.
5. Defendant denies the allegations in Paragraph 5 of the Complaint
GENERAL ALLEGATIONS
6. Defendant admits that the parties executed Exhibit A.
7. Defendant objects to the allegations in Paragraph 7 of the Complaint as
vague. Defendant admits that he wanted Plaintiff to assist with social media, however the
documents speaks for itself. Defendant is without sufficient knowledge to form a belief

Answer to Complaint 1
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 2 of 12

as to the allegations in Paragraph 7 of the Complaint, and on that basis denies the
allegations.
8. Defendant admits that he signed Exhibit B, the terms of which speak for
themselves.
9. Defendant admits that Plaintiff was responsible for most, but not all, of the
tweets. Defendant denies that he unilaterally terminated the payment agreement.
10. Defendant admits that Plaintiff utilized Dykstras Twitter account in
response to messages sent to Defendants Twitter account.
11. Defendant objects to the allegations in Paragraph 11 of the Complaint as
vague. Defendant admits that Plaintiffs efforts contributed to the media attention for
Defendant, but there were multiple other factors involved. Defendant is without
sufficient knowledge to form a belief as to the allegations in Paragraph 11 of the
Complaint, and on that basis denies the allegations.
12. Defendant objects to the allegations in Paragraph 12 of the Complaint as
vague. Defendant denies the allegations contained in Paragraph 12 of the Complaint.
13. Defendant objects to the allegations in Paragraph 13 of the Complaint as
vague. Defendant is without sufficient knowledge to form a belief as to the allegations in
Paragraph 13 of the Complaint, and on that basis denies the allegations.
14. Defendant objects to the allegations in Paragraph 14 of the Complaint as
vague and ambiguous. Defendant is without sufficient knowledge to form a belief as to
the allegations in Paragraph 14 of the Complaint, and on that basis denies the allegations.
15. Defendant denies the allegations in Paragraph 15 of the Complaint.
16. Defendant admits that he sent the email referenced in Paragraph 16 of the
Complaint.
17. Defendant admits that he sent the email referenced in Paragraph 17 of the
Complaint.

Answer to Complaint 2
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 3 of 12

18. Defendant denies the allegations in Paragraph 18 of the Complaint.

19. Defendant denies the allegations in Paragraph 19 of the Complaint.
COUNT I BREACH OF CONTRACT
20. Defendant incorporates his responses to Paragraphs 1 through 19 as fully
stated herein. Defendant denies that he engaged in any unlawful conduct and denies that
Plaintiff is entitled to any of the relief he seeks.
21. Paragraph 21 of the Complaint states a legal conclusion to which no answer
is required. The agreement speaks for itself. To the extent a response is deemed
required, Defendant admits the allegations in this paragraph.
22. Paragraph 22 of the Complaint states a legal conclusion to which no
answer is required. To the extent a response is deemed required, Defendant denies the
allegations in this paragraph.
23. Paragraph 23 of the Complaint states a legal conclusion to which no answer
is required. To the extent a response is deemed required, Defendant denies the
allegations in this paragraph.
24. Defendant objects to the allegations in Paragraph 24 of the Complaint as
vague. Defendant admits that Plaintiff demanded payment, but denies that Plaintiff is
entitled to additional compensation.
25. Paragraph 25 of the Complaint states a legal conclusion to which no answer
is required. To the extent a response is deemed required, Defendant denies the
allegations in this paragraph.
COUNT II QUANTUM MERUIT
26. Defendant incorporates his responses to Paragraphs 1 through 25 as fully
stated herein. Defendant denies that he engaged in any unlawful conduct and denies that
Plaintiff is entitled to any of the relief he seeks.

Answer to Complaint 3
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 4 of 12

27. Defendant objects to the allegations in Paragraph 27 of the Complaint as

vague. Defendant denies the allegations in this paragraph.
28. Defendant objects to the allegations in Paragraph 28 of the Complaint as
vague. Defendant denies the allegations in this paragraph.
29. Defendant is without sufficient knowledge to form a belief as to the
allegations in Paragraph 29 of the Complaint, and on that basis denies the allegations.
30. Defendant is without sufficient knowledge to form a belief as to the
allegations in Paragraph 30 of the Complaint, and on that basis denies the allegations.
31. Defendant objects to the allegations in Paragraph 31 as vague. Defendant
admits that Plaintiff demanded payment, but denies that Plaintiff is entitled to additional
compensation.
32. Defendant is without sufficient knowledge to form a belief as to the
allegations in Paragraph 32 of the Complaint, and on that basis denies the allegations.
COUNT III UNJUST ENRICHMENT
33. Defendant incorporates his responses to Paragraphs 1 through 32 as fully
stated herein. Defendant denies that he engaged in any unlawful conduct and denies that
Plaintiff is entitled to any of the relief he seeks.
34. Defendant objects to the allegations in Paragraph 34 of the Complaint as
vague. Defendant is without sufficient knowledge to form a belief as to the allegations in
Paragraph 34 of the Complaint, and on that basis denies the allegations.
35. Defendant objects to the allegations in Paragraph 35 of the Complaint as
vague. Defendant is without sufficient knowledge to form a belief as to the allegations in
Paragraph 35 of the Complaint, and on that basis denies the allegations.
36. Paragraph 36 of the Complaint states a legal conclusion to which no answer
is required. To the extent a response is deemed required, Defendant admits the
allegations in this paragraph.

Answer to Complaint 4
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 5 of 12

37. Paragraph 37 of the Complaint states a legal conclusion to which no answer

is required. To the extent a response is deemed required, Defendant denies the
allegations in this paragraph.
38. Defendant objects to the allegations in Paragraph 38 of the Complaint as
vague. Defendant admits that Plaintiff demanded payment, but denies that Plaintiff is
entitled to additional compensation.
39. Defendant is without sufficient knowledge to form a belief as to the
allegations in Paragraph 39 of the Complaint, and on that basis denies the allegations.
COUNT IV DECLARATORY JUDGMENT (28 U.S.C. 2201)
40. Defendant incorporates his responses to Paragraphs 1 through 39 as fully
stated herein. Defendant denies that he engaged in any unlawful conduct and denies that
Plaintiff is entitled to any of the relief he seeks.
41. Defendant objects to the allegations in Paragraph 41 of the Complaint as
vague. Defendant is without sufficient knowledge to form a belief as to the allegations in
Paragraph 41 of the Complaint, and on that basis denies the allegations.
42. Paragraph 42 of the Complaint states a legal conclusion to which no answer
is required.
43. Defendant is without sufficient knowledge to form a belief as to the
allegations in Paragraph 43 of the Complaint, and on that basis denies the allegations.
44. Defendant objects to the allegations in Paragraph 44 of the Complaint as vague.
Defendant is without sufficient knowledge to form a belief as to the allegations in
Paragraph 44 of the Complaint, and on that basis denies the allegations.
GENERAL DENIAL
45. Defendant denies any and all allegations of the Complaint not specifically
admitted hereinabove.

Answer to Complaint 5
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 6 of 12

DEFENDANTS RESPONSE TO PLAINTIFFS PRAYER

In response to Plaintiffs Prayer, Defendant denies that Plaintiff is entitled to any
relief, including the relief set forth in sub-paragraphs A through E (inclusive of all
sub-parts) of the Prayer. Defendant requests that the Court enter judgment in
Defendants favor on all claims and award Defendant reasonable costs and attorneys fees
and any further relief as the Court deems appropriate.
FIRST AFFIRMATIVE DEFENSE
46. Each and every purported cause of action alleged in the Complaint fails to
state a claim upon which relief can be granted.
SECOND AFFIRMATIVE DEFENSE
47. Plaintiff is not entitled to any relief because he lacks standing to assert the
claims alleged in the Complaint.
THIRD AFFIRMATIVE DEFENSE
48. Plaintiffs claims are barred by the doctrine of unclean hands.
FOURTH AFFIRMATIVE DEFENSE
49. Plaintiffs claims against Defendant, if any, are barred, in whole or in part,
because Plaintiff has not suffered any actual damages.
FIFTH AFFIRMATIVE DEFENSE
50. Defendant acted in good faith and had reasonable grounds for believing that
his conduct did not violate any law and, in fact, Defendants conduct did not violate any
law.
SIXTH AFFIRMATIVE DEFENSE
51. Plaintiffs claims are barred for its failure to join an indispensable
party(ies).
SEVENTH AFFIRMATIVE DEFENSE
52. Each of Plaintiffs claims is barred by the doctrine of waiver

Answer to Complaint 6
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 7 of 12

EIGHTH AFFIRMATIVE DEFENSE

53. If Plaintiff did sustain any damages as alleged, which this Defendant
specifically denies, said damages were proximately caused in whole or in part, or were
contributed to by reason of the acts, wrongs, omissions, and/or culpable conduct,
violation of law of Plaintiff himself and/or some other entity(ies) over whom Defendant
had no control and for whose conduct are/were not responsible or liable, and not because
of any of Defendants acts, wrongs, omissions, and/or culpable conduct.
NINTH AFFIRMATIVE DEFENSE
54. Each of Plaintiffs claims is barred by the doctrine of estoppel.
TENTH AFFIRMATIVE DEFENSE
55. Plaintiff is not entitled to any relief because the claims for relief would
unjustly enrich Plaintiff at the expense of Defendant.
ELEVENTH AFFIRMATIVE DEFENSE
56. Plaintiff is not entitled to any relief because Defendants conduct was
reasonable, in good faith, and/or innocent.
TWELFTH THIRD AFFIRMATIVE DEFENSE
57. The Complaint is barred in whole or in part by the doctrines of estoppel,
equitable estoppel, laches, acquiescence, and/or waiver.
THIRTEENTH AFFIRMATIVE DEFENSE
58. The Complaint is barred in whole or in part because Plaintiff has engaged
and is engaging in illegal conduct.
FOURTEENTH AFFIRMATIVE DEFENSE
59. Plaintiffs claims are barred by the Statute(s) of Frauds.
ADDITIONAL AFFIRMATIVE DEFENSES
60. Defendant reserves the rights to assert additional affirmative defenses in the
event that discovery and/or further investigation of Plaintiffs claims indicates that

Answer to Complaint 7
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 8 of 12

additional affirmative defenses are available to Defendant.

WHEREFORE, Defendant prays that the Court enter judgment in his favor and
against Plaintiff as follows:
1. That Plaintiff takes nothing by the Complaint and all counts contained
therein;
2. For judgment in favor of Defendant and against Plaintiff as to all counts
contained in the Complaint;
3. For a dismissal with prejudice of the Complaint and all counts contained
therein;
4. That Defendant be awarded costs of suit incurred herein, including
attorneys fees and costs, to the extent allowed by law; and
5. That Defendant be granted such further and other relief as the Court deems
just and proper.

DATED: January 31, 2017 Respectfully submitted,

KRANE & SMITH, APC

/s/ Jeremy D. Smith

Jeremy D. Smith
16255 Ventura Boulevard, Suite 600
Encino, CA 91436
(818) 382-4000 Telephone
(818) 382-4001 Facsimile
jsmith@kranesmith.com
Counsel for Defendant Leonard Dykstra

Answer to Complaint 8
DEFENDANTS ANSWER TO PLAINTIFFS COMPLAINT
Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 9 of 12

EXHIBIT A
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 10 of 12
-- . ... ..
,_ , ~-- -,-. ...... - .............. -.~~ . .. ,._ ---...........
~

U .\~~ml!<r.M, 10:MM l(r{'I' .

1'hls 11 n lcs"I blndlna ogrooment betwocn Lonny Dylatra Md Noah S0h11lnm1n11,
Wodnotday, Mq 11, 2016.
Th tollowlng le agreed upon by both Parties:
f
For aOfV!on rendered, Lenny Dykstra wUI pl!ly Noah Sohllnmann the fcllowtna: I

1) FJrat Payment $2J800 has been malled lr

2J Second Payment - a,soo 11ld In p.-.on In May when I am In NYC for
M91 Atunlan
OJ Third Paymt\'lt -'4 S~ HarperCollln wlll be lna~ro,~t~ Jn wr.~n!J,to
IP.Ill tlo:ah',.8it~lnmr.n.~ ~t'.a.CtlY thl em 0tB'lt on or ou"'d July 11, ~tie_n
kl"' fn.
l)Yklt~i. pa~m~m
I
It book 1ell1 2!50,000 oople1, Notlh SchelM1ann WIii be paid I
II
$lk>,D00 bonua.
b) If book HIia 200,000 copleai Noah lchlnmann wtll be paid
~o,.aoo.b:oriua.
0) ff boot(.aeJf, 175,000 oopl11, Noah 8ohelnmenn wfll be paid
"$20,000 .b.onu,.
d) 11']>~ok ae11a1ao,ooo oople,, Noah 8chelnmann wlll be paid a
10,000 bonua.
!D.toJ"m!qr;Jh.tt.P.DY.IJl.@D.lJ r,nld...bY.l..nllf)Y E;>Y.ka.tro.w N.9rJh Bclle!tr.lin.ll!l
UP.Y..OY.k.1.tra -~ ll.~.'-. gpQfSI.O.t.ff.cl.l12D.QoJVO Jh111JolJID"!lno WQds.fl'.QID .No.flh
lvbol!Jmmlll .
Nowt Sohelrimann wfll dellver at minimum 60 pieces of oontent, with the goal to
del1Ver closer to 100 pleee, of oontent -- photc,1 1 vldeo,, and other, until at
least July 31 at,
Noah 8ohelnmann WIii consult ror my to<;lal media, glv Id.. and help 1u1HJ91t
where to focus and who to engag, with,
Ndbh .:~ht.inm~n- WIii :b;t given :sObil~ o IT\&: durlng..enllraNi visit aa he.~~_,.
}~ aapaolally-lt11;.fn:>IJ.i, $tJcJ c{urlng; anytbln(>..Wlth the M!it&:-.He1alao need C&QC~:
~t'lh~ r;f~litlstwh~l.gffl (l')Y new teeth,

extflBIT .
I A

l
Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 11 of 12
~II, ..... _, f,O' 1..,
. .. . ~,.. _.,

No~h-Scha/nmonn wlll ahoot In 99% of caeu w~ Just me and o IPhone, mo~t

,ooot,nt la lng~of~ via Um' phone, theootttent wlll .be i.o~eo :aeconds at.rnoli~, on
~1)bRne la lilow.:lt I& vlii"Wed. on the pn~~i.:ls n!Wi t\e wlll aho_ot.. He Wlll:i \tm
edit It all hlmaetf,

~
.

-8.of'lelt\ml\M:W!M -lot Wllli ldilu,for my ap~es.on iV.al),q new

,!
m-~(~tc,J1:a11eady,.tn~~i'Ba.oli dUtto sC>(na ~~1a.,afld wlll hlJp es he
1
I
cmnwJlb. .fil@Jilw,J.:-ccii'1180fa md ~r-fcftl for olh'if!:p'~,.t lfhbOld ~a.. Howard
aterrna.~aam~oe f1 ~d lhln w,, ~ lrom there.
Noah SchelnmaM wlll 1lao rtoelve from Lenny DykatrB the followfng:
'MV,_tlnaiflJ~e:c).;ri~nL:flJOrlptwlth met suggesting 30 p~geJ that cQh.Jalri'Miny,
:dlttvt"eoeili'fakllile,.,,w, :rel!'ll, aad, happy 11torlea or paragrn~hs that,you Je;l can
'be. 1noc~lng o.l'.greet ~~9,ai
I l
11le11 wl/1 be t:lsed'for promo8bft. Noah wfll also get the fans toreac:hxcmo:im
series of videos.8hly ualng a et\ntence or two so no lseue of gwtr.ig .s.w.y.tea
muoh,

tlQahd .al,o ~.,~ one edltld-imo,;db.at can .f>eobme th Image/photo by

.e~ ~f this we~.to .p(.lf:at the ihd:~tew.~ video Uiat says when the bock
I
l
j

:Q.0(11~:out.batY/horertt. can bt:;pre:o ~ now.

lt .oan ~~ ttii~vor a( aottr-ss, QOt. ha~..your team Photoal>JJ. It ~ with the text
abou.hv.h.ll!'I ~.lri flvallabfe-.bUr~tnqJ.bts pr.eordor now on ~~~d.
tentw~kali~1 ~ ~lwawt..lt.ahQVld bQ sized so that It oon appear on
'(W(tfar; JnJ.ta"gr.ameto.6\1H1fao oo~:i.J.()\Jf.of being wldescrean (no text eH the WW/
:~ to~-P.t b~ve,y.1q,pq[t~ hfG~t It to him now,
Agreed Upon on May 1 f, 2018 by:

Lenny Dykstra Noh 8chelnmimn

ViHJ_Jpl, .
. ~~...,.,.. ... ., ~ a,.
I
 Case 1:16-cv-05446-AJP Document 37 Filed 01/31/17 Page 12 of 12

1 CERTIFICATE OF SERVICE

3 NOAH SCHEINMANN, Plaintiff,

4 v.
5
LEONARD DYKSTRA, Defendant.
6

7 United State District Court Southern District of New York

Case No. 1:16-cv-05446-AT-AJP
8

9 I hereby certify that a true and correct copy of the foregoing was served on all
counsel registered to receive a Notice of Electronic Filing by electronically serving
10 the document via the United States District Court Electronic Case filing website
st
11 (CM/ECF notification system) for this case on this 31 day of January 2017.

12

13

14 /s/ Jeremy D. Smith

15 Jeremy D. Smith
16

17

18
19

20

21

22

23

24

25

26

27

28

PROOF 1
CERTIFICATE OF SERVICE
 Case 1:16-cv-05446-AJP Document 37-1 Filed 01/31/17 Page 1 of 8

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

Noah Scheinmann, Case No. 1:16-cv-05446-AT-AJP

Plaintiff,
DEFENDANT LEONARD
v. DYKSTRAS COUNTERCLAIMS TO
PLAINTIFFS COMPLAINT
Leonard Dykstra,

Defendant. Complaint filed: July 8, 2016

Defendant Leonard Dykstra (Defendant or Counterclaimant), by and through

his undersigned counsel, hereby file his Counterclaims to the Complaint filed by Plaintiff
Noah Scheinmann (Plaintiff or Counterclaim-Defendant).
Counterclaimant, for his counterclaims (the Counterclaim), alleges as follows:
PARTIES
1. Counterclaimant Leonard Dykstra is an individual residing in Los Angeles,
California.
2. Upon information and belief, Counterclaim-Defendant Noah Scheinmann,
is a United Citizen domiciled in New York and resides in New York, New York.
JURISDICTION AND VENUE
3. Counterclaim-Defendant is subject to the personal jurisdiction of this Court
because he filed an action in this Court based on an alleged similar transaction or
occurrence; according to the Complaint, Counterclaim-Defendant is domiciled in New
York.

Counter claim_Dykstra.01 1
DYKSTRAS COUNTERCLAIMS TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37-1 Filed 01/31/17 Page 2 of 8

FIRST CAUSE OF ACTION

(For Breach of Contract Against Counterclaim-Defendant Scheinmann)
4. Counterclaimant repeats and realleges the allegations set forth in the
previous paragraphs of the Counterclaim with the same force and effect as if set forth
fully herein.
5. On or about May 11, 2016, Counterclaimant and Counterclaim-Defendant
entered into a written agreement pursuant to which Counterclaim-Defendant would,
among other things, manage and consult for Counterclaimants social media accounts
(Agreement), a true and correct copy of which is attached hereto as Exhibit A.
6. Counterclaimant has performed all of the conditions and covenants that
Counterclaimant agreed to perform pursuant to the terms of the Agreement, except for
those promises, conditions, and covenants excused by the acts and omissions of
Counterclaim-Defendant.
7. Counterclaim-Defendant breached the Agreement by, inter alia, renouncing
the Agreement and demanding additional compensation and terms in excess of the
Agreement, thereby refusing to honor the Agreement. In addition, upon information and
belief, after Counterclaimant refused Counterclaim-Defendants improper demands,
Counterclaim-Defendant, who had full access to Counterclaimants social media accounts
pursuant to the Agreement, retaliated against Counterclaimant by, inter alia, blocking and
deleting followers on Counterclaimants Twitter account.
8. As a direct and proximate result of Counterclaim-Defendants breaches,
Counterclaimant has suffered, and will continue to suffer, damages in excess of this
Courts jurisdictional minimum. Counterclaimant cannot ascertain at this time the full
nature, extent or amount of damages suffered by virtue of Counterclaim-Defendants
breaches other than the fact that the sum exceeds this Courts jurisdictional minimum.
Counterclaimant will amend this Counterclaim to set forth the amount of the full

Counter claim_Dykstra.01 2
DYKSTRAS COUNTERCLAIMS TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37-1 Filed 01/31/17 Page 3 of 8

damages when they are ascertained or according to proof at trial.

SECOND CAUSE OF ACTION
(For Breach of Implied Covenant of Good Faith and Fair Dealing Against
Counterclaim-Defendant Scheinmann)
9. Counterclaimant repeats and realleges the allegations set forth in the
previous paragraphs of the Counterclaim with the same force and effect as if set forth
fully herein.
10. On or about May 11, 2016, Counterclaimant and Counterclaim-Defendant
entered into a written agreement pursuant to which Counterclaim-Defendant would,
among other things, manage and consult for Counterclaimants social media accounts
(Agreement).
11. Counterclaimant has performed all of the conditions and covenants that
Counterclaimant agreed to perform pursuant to the terms of the Agreement, except for
those promises, conditions, and covenants excused by the acts and omissions of
Counterclaim-Defendant.
12. Counterclaim-Defendant breached the implied covenant of good faith and
fair dealing by, inter alia, renouncing the Agreement and demanding additional
compensation and terms in excess of the Agreement, thereby refusing to honor the
Agreement. In addition, upon information and belief, after Counterclaimant refused
Counterclaim-Defendants improper demands, Counterclaim-Defendant, who had full
access to Counterclaimants social media accounts pursuant to the Agreement, retaliated
against Counterclaimant by, inter alia, blocking and deleting followers on
Counterclaimants Twitter account.
13. Counterclaim-Defendant unfairly interfered with Counterclaimants right to
receive the benefits of the Agreement. As a direct and proximate result of Counterclaim-
Defendants breaches, Counterclaimant has suffered, and will continue to suffer, damages

Counter claim_Dykstra.01 3
DYKSTRAS COUNTERCLAIMS TO PLAINTIFFS COMPLAINT
 Case 1:16-cv-05446-AJP Document 37-1 Filed 01/31/17 Page 4 of 8

in excess of this Courts jurisdictional minimum. Counterclaimant cannot ascertain at

this time the full nature, extent or amount of damages suffered by virtue of Counterclaim-
Defendants breaches other than the fact that the sum exceeds this Courts jurisdictional
minimum. Counterclaimant will amend this Counterclaim to set forth the amount of the
full damages when they are ascertained or according to proof at trial.
PRAYER FOR RELIEF
WHEREFORE, Counterclaimant Leonard Dykstra respectfully request that this
Court rule or otherwise enter judgment against Counterclaim-Defendant Noah
Scheinmann:
A. For compensatory damages for Counterclaim-Defendants breach of
contract;
B. For costs of this action, attorneys fees, and expenses associated with this
litigation; and
C. For such other and further relief as may be just and proper.
DEMAND FOR TRIAL BY JURY
In accordance with Fed.R.Civ.P. 38(b), Counterclaimant Leonard Dykstra hereby
demands a jury trial on all issues triable to a jury

DATED: January 31, 2017 Respectfully submitted,

KRANE & SMITH, APC

/s/ Jeremy D. Smith

Jeremy D. Smith
16255 Ventura Boulevard, Suite 600
Encino, CA 91436
(818) 382-4000 Telephone
(818) 382-4001 Facsimile
jsmith@kranesmith.com
Counsel for Defendant Leonard Dykstra

Counter claim_Dykstra.01 4
DYKSTRAS COUNTERCLAIMS TO PLAINTIFFS COMPLAINT
Case 1:16-cv-05446-AJP Document 37-1 Filed 01/31/17 Page 5 of 8

EXHIBIT A
 Case 1:16-cv-05446-AJP Document 37-1 Filed 01/31/17 Page 6 of 8
-- . ... ..
,_ , ~-- -,-. ...... - .............. -.~~ . .. ,._ ---...........
~

U .\~~ml!<r.M, 10:MM l(r{'I' .

1'hls 11 n lcs"I blndlna ogrooment betwocn Lonny Dylatra Md Noah S0h11lnm1n11,
Wodnotday, Mq 11, 2016.
Th tollowlng le agreed upon by both Parties:
f
For aOfV!on rendered, Lenny Dykstra wUI pl!ly Noah Sohllnmann the fcllowtna: I

1) FJrat Payment $2J800 has been malled lr

2J Second Payment - a,soo 11ld In p.-.on In May when I am In NYC for
M91 Atunlan
OJ Third Paymt\'lt -'4 S~ HarperCollln wlll be lna~ro,~t~ Jn wr.~n!J,to
IP.Ill tlo:ah',.8it~lnmr.n.~ ~t'.a.CtlY thl em 0tB'lt on or ou"'d July 11, ~tie_n
kl"' fn.
l)Yklt~i. pa~m~m
I
It book 1ell1 2!50,000 oople1, Notlh SchelM1ann WIii be paid I
II
$lk>,D00 bonua.
b) If book HIia 200,000 copleai Noah lchlnmann wtll be paid
~o,.aoo.b:oriua.
0) ff boot(.aeJf, 175,000 oopl11, Noah 8ohelnmenn wfll be paid
"$20,000 .b.onu,.
d) 11']>~ok ae11a1ao,ooo oople,, Noah 8chelnmann wlll be paid a
10,000 bonua.
!D.toJ"m!qr;Jh.tt.P.DY.IJl.@D.lJ r,nld...bY.l..nllf)Y E;>Y.ka.tro.w N.9rJh Bclle!tr.lin.ll!l
UP.Y..OY.k.1.tra -~ ll.~.'-. gpQfSI.O.t.ff.cl.l12D.QoJVO Jh111JolJID"!lno WQds.fl'.QID .No.flh
lvbol!Jmmlll .
Nowt Sohelrimann wfll dellver at minimum 60 pieces of oontent, with the goal to
del1Ver closer to 100 pleee, of oontent -- photc,1 1 vldeo,, and other, until at
least July 31 at,
Noah 8ohelnmann WIii consult ror my to<;lal media, glv Id.. and help 1u1HJ91t
where to focus and who to engag, with,
Ndbh .:~ht.inm~n- WIii :b;t given :sObil~ o IT\&: durlng..enllraNi visit aa he.~~_,.
}~ aapaolally-lt11;.fn:>IJ.i, $tJcJ c{urlng; anytbln(>..Wlth the M!it&:-.He1alao need C&QC~:
~t'lh~ r;f~litlstwh~l.gffl (l')Y new teeth,

extflBIT .
I A

l
Case 1:16-cv-05446-AJP Document 37-1 Filed 01/31/17 Page 7 of 8
~II, ..... _, f,O' 1..,
. .. . ~,.. _.,

No~h-Scha/nmonn wlll ahoot In 99% of caeu w~ Just me and o IPhone, mo~t

,ooot,nt la lng~of~ via Um' phone, theootttent wlll .be i.o~eo :aeconds at.rnoli~, on
~1)bRne la lilow.:lt I& vlii"Wed. on the pn~~i.:ls n!Wi t\e wlll aho_ot.. He Wlll:i \tm
edit It all hlmaetf,

~
.

-8.of'lelt\ml\M:W!M -lot Wllli ldilu,for my ap~es.on iV.al),q new

,!
m-~(~tc,J1:a11eady,.tn~~i'Ba.oli dUtto sC>(na ~~1a.,afld wlll hlJp es he
1
I
cmnwJlb. .fil@Jilw,J.:-ccii'1180fa md ~r-fcftl for olh'if!:p'~,.t lfhbOld ~a.. Howard
aterrna.~aam~oe f1 ~d lhln w,, ~ lrom there.
Noah SchelnmaM wlll 1lao rtoelve from Lenny DykatrB the followfng:
'MV,_tlnaiflJ~e:c).;ri~nL:flJOrlptwlth met suggesting 30 p~geJ that cQh.Jalri'Miny,
:dlttvt"eoeili'fakllile,.,,w, :rel!'ll, aad, happy 11torlea or paragrn~hs that,you Je;l can
'be. 1noc~lng o.l'.greet ~~9,ai
I l
11le11 wl/1 be t:lsed'for promo8bft. Noah wfll also get the fans toreac:hxcmo:im
series of videos.8hly ualng a et\ntence or two so no lseue of gwtr.ig .s.w.y.tea
muoh,

tlQahd .al,o ~.,~ one edltld-imo,;db.at can .f>eobme th Image/photo by

.e~ ~f this we~.to .p(.lf:at the ihd:~tew.~ video Uiat says when the bock
I
l
j

:Q.0(11~:out.batY/horertt. can bt:;pre:o ~ now.

lt .oan ~~ ttii~vor a( aottr-ss, QOt. ha~..your team Photoal>JJ. It ~ with the text
abou.hv.h.ll!'I ~.lri flvallabfe-.bUr~tnqJ.bts pr.eordor now on ~~~d.
tentw~kali~1 ~ ~lwawt..lt.ahQVld bQ sized so that It oon appear on
'(W(tfar; JnJ.ta"gr.ameto.6\1H1fao oo~:i.J.()\Jf.of being wldescrean (no text eH the WW/
:~ to~-P.t b~ve,y.1q,pq[t~ hfG~t It to him now,
Agreed Upon on May 1 f, 2018 by:

Lenny Dykstra Noh 8chelnmimn

ViHJ_Jpl, .
. ~~...,.,.. ... ., ~ a,.
I
 Case 1:16-cv-05446-AJP Document 37-1 Filed 01/31/17 Page 8 of 8

1 CERTIFICATE OF SERVICE

3 NOAH SCHEINMANN, Plaintiff,

4 v.
5
LEONARD DYKSTRA, Defendant.
6

7 United State District Court Southern District of New York

Case No. 1:16-cv-05446-AT-AJP
8

9 I hereby certify that a true and correct copy of the foregoing was served on all
counsel registered to receive a Notice of Electronic Filing by electronically serving
10 the document via the United States District Court Electronic Case filing website
st
11 (CM/ECF notification system) for this case on this 31 day of January 2017.

12

13

14 /s/ Jeremy D. Smith

15 Jeremy D. Smith
16

17

18
19

20

21

22

23

24

25

26

27

28

PROOF 1
CERTIFICATE OF SERVICE