FILED: NEW YORK COUNTY CLERK 02/21/2018 02:50 PM INDEX NO.

650846/2018
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/21/2018

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
-----------------------------------------------------X
LINDT 85 SPRONGLI (USA) INC.,
:

Plaintiff,
: IndeX No.
v.
: COMPLAINT
THE WEINSTEIN COMPANY LLC,
:
Defendant.
-----------------------------------------------------X

COMPLAINT

Plaintiff Lindt & Sprüngli (USA) Inc. ("Lindt"), for its Complaint against

Defendant The Weinstein Company LLC ("TWC") alleges as follows:

NATURE OF THE ACTION

1. Plaintiff brings this action to recover the losses suffered by Lindt

as a result of TWC's conduct. Lindt and TWC agreed Lindt would pay TWC in

return for sponsorship benefits at three (3) specified TWC events. Lindt paid

TWC, but the final of the promised TWC events was cancelled. TWC personnel

acknowledged TWC's breach and that it owes Lindt. But TWC continues to

retain Lindt's payments.

PARTIES

2. Lindt is a corporation organized under the laws of New York,

having its principal place of business in Stratham, New Hampshire. Lindt is

licensed to do business and is doing business in New York.

3. TWC is a limited liability corporation organized under the laws of

Delaware, having its principal place of business in New York, New York.

WDC-72851-5

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4. Lindt & TWC entered into an Agreement (as defined below) that

provided that each party irrevocably consents and agrees to the exclusive

jurisdiction of the United States District Court for the Southern District of New

York, or if such court does not have jurisdiction, in the courts of the State of

New York located in New York County, and "irrevocably accepts and submits to

the exclusive jurisdiction of the aforesaid courts in personam, with respect to

proceeding."
any such action, suit or

JURISDICTION AND VENUE

5. This Court has jurisdiction over the parties named in this Complaint

pursuant to C.P.L.R. § 302(a)(1).

6. Venue is proper in this Court pursuant to C.P.L.R. § 503(a), (c), and

(d).

FACTS

Parties'
The Agreement

7. On or about November 17, 2015, Lindt and TWC entered into an

"Agreement"
Event Sponsorship Agreement (the "Agreement").

8. The Agreement provided that Lindt's and TWC's obligations were

set forth in an Exhibit A attached to the Agreement.

9. The Agreement and Exhibit A provided that Lindt, on behalf of its

Lindt chocolate truffles brand, would be a presenting sponsor for three (3)

events that TWC was obligated to host: (i) an event hosted by TWC on the same

date of the official 2016 Golden Globes Awards Show; (ii) an event hosted by

TWC on the same date of the official 2017 Golden Globes Awards Show; and

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(iii) an event hosted by TWC on the same date of the official 2018 Golden

event,"
Globes Awards Show (the "third and collectively, "the three events").

10. All three (3) events would consist of at least two (2) parts: a viewing

party to watch the Golden Globes Awards Show and a post-show party

following the viewing party.

11. Per Exhibit A and the Agreement, Lindt agreed to pay a

sponsorship fee for the three events in the amount of $400,000.

12. Lindt's sponsorship fee was payable in three installments: (i)

$100,000 by November 20, 2015; (ii) $150,000 by January 31, 2016; and (iii)

$150,000 by January 31, 2017.

13. The Agreement specified that Lindt's sponsorship entailed certain

sponsorship benefits, including designating Lindt as the exclusive presenting

sponsor in the confectionary category, providing Lindt an opportunity to offer

products at the three events, and providing Lindt with tickets to the events.

Lindt Pays TWC, But TWC Then Breaches the Agreement.

14. Lindt paid the entire sponsorship fee to TWC, in compliance with

the terms of the Agreement and Exhibit A, including the third installment to

sponsor the third event.

15. The 2018 Golden Globes Awards Show was hosted on January 7,

2018.

16. But the third event as contemplated the Agreement - the event
by

hosted by TWC on the same date of the official 2018 Golden Globes Awards

Show - did not occur. See Ex. 1 [Nellie "Netflix Ends Golden Globes
Andreeva,

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Company,"
Party Partnership with the Weinstein available at

http://deadline.com/2017/11/netflix-ends-golden-globes-party-partnership- —

the-weinstein-company-1202213887/]. -1202213887

TWC Admits Its Breach, Promises to Pay, But Fails To Pay.

17. On or about December 4, 2017, Lindt personnel submitted an

invoice to TWC for reimbursement of the amount Lindt had paid relating to the

third event.

18. TWC personnel did not dispute that TWC had breached the

Agreement or that TWC was obligated to pay Lindt. Indeed, they implicitly

admitted to the breach.

19. On or about December 14, 2017, Lindt personnel sent a revised

invoice for $133,333 to TWC, which was due upon receipt.

need[ed]"
20. TWC personnel responded they "just Lindt's Form W-9

"[h]oping"
and wrote that they were to pay Lindt "by the end of Dec[ember] or

latest!"
early Jan[uary] at the

21. On or about February 6, 2018, Lindt personnel followed up with

TWC regarding TWC's outstanding payment to Lindt.

22. On or about February 8, 2018, in an attempt to avoid litigation,

counsel for Lindt wrote to TWC, again requesting payment of the amount owed

by TWC by February 12, 2018.

23. As of the date of this Complaint, Lindt has still not received TWC's

outstanding payment.

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24. In the above-mentioned communications with Lindt, TWC

personnel acknowledged TWC's breach of the agreement and promised

payment to Lindt.

COUNT I - BREACH OF CONTRACT

25. The foregoing paragraphs are incorporated by reference as though

set forth in this Count.

26. The Agreement is a valid and enforceable contract.

27. Lindt has complied with and performed all of its obligations under

the Agreement.

28. TWC has breached the Agreement by failing to host the third event.

29. As a result of the above breach, TWC has caused and is

causing Lindt to suffer harm.

COUNT II - CONVERSION

30. The foregoing paragraphs are incorporated by reference as though

set forth in this Count.

31. Lindt has a possessory right or interest in the payment it provided

to TWC in return for promised sponsorship benefits for TWC's third event.

32. TWC intentionally, deliberately, and without authority assumed or

exercised control over the payment Lindt provided to TWC.

33. TWC is retaining dominion over the payment Lindt sent to TWC,

which is in derogation of Lindt's rights.

34. TWC acted deliberately with knowledge of and intent to interfere

with Lindt's rights.

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35. TWC's conversion has been accomplished with malice or reckless

or willful disregard of Lindt's rights.

COUNT III - ACCOUNT STATED

36. The foregoing paragraphs are incorporated by reference as though

set forth in this Count.

37. Lindt presented an account to TWC in the form of invoices.

38. TWC has accepted the account as correct, including by failing to

object to the invoice from Lindt for $133,333.

39. TWC has promised to pay Lindt the amount stated, but has failed

to do so.

COUNT IV - UNJUST ENRICHMENT

40. The foregoing paragraphs are incorporated by reference as though

set forth in this Count.

41. Lindt paid a third installment of its total sponsorship fee to TWC.

42. Lindt paid this third installment to TWC in anticipation of receiving

sponsorship benefits for TWC's third event.

43. TWC did not host the third event.

44. TWC was enriched by at least $133,333.

45. This enrichment was at Lindt's expense.

46. Equity and good conscience do not permit TWC to retain the

$133,333.

47. Lindt pleads this Count in the alternative to Count I.

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* * *

WHEREFORE, Lindt respectfully requests that this Court enter judgment in its

favor and against TWC and that this Court award Lindt the following relief:

A. Damages, including but not limited to compensatory,

consequential, and punitive damages, and restitution, as a result of TWC's

conduct;

B. Interest according to law; and

C. Such other and further relief as this Court deems just and proper.

Dated this 21st of 2018.

day February,

Respectfully Submitted,

/s/ Michael Klebanov

HUSCH BLACKWELL LLP

Michael Klebanov (NY Bar No. 4958245)

750 17th Street, NW, Suite 900

Washington, D.C. 20006

Telephone: (202) 378-2300
Facsimile: (202) 378-2319
Michael.Klebanov@huschblackwell.com

Matthew R. Grant (pro hac vice forthcoming)

190 Carondelet Plaza, Suite 600
St. Louis, MO 63105
Telephone: (314) 480-1500
Facsimile: (314) 480-1505
Matt.Grant@huschblackwell.com

Counsel to Plaintiff Lindt & Sprüngli

(USA) Inc.

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