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Jacko:

I Don't Know Nothing

'Bout No Lawsuit

6/19/2009 1:01 PM PDT BY TMZ STAFF

Michael Jackson has feebly signed legal papers asking a judge to throw out a judgment against him and in favor of his former publicist Raymone Bain.

Jacko's Signatures

Bain sued Jackson for $44 million, claiming he stiffed her for publicity and management services. She got a default judgment in the case after Jackson failed to answer her complaint.

Now Jackson wants the default set aside, on grounds he was never served with legal papers.

Bain has filed legal papers claiming she tried in vain to serve Jackson. According to the docs, one time a process server went to the gate of Jackson's home but a security guard said, "Get the f**k out of here!"

Jackson signed a declaration explaining he wasn't served nor was he aware of the lawsuit.

Michael, you should be reading TMZ more ... we've been all over this one.

Michael jackson

39 COMMENTS

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16.

xxx    

how in the world does this guy still have money!?!?!?

1763 days ago
17.

Sue Wong    

Why are all these lawsuits out as soon as he made plans to tour again?

1763 days ago
18.

Sue Wong    

The 2009 signature looks different.

1763 days ago
19.

TSCM    

Why am I not surprised to see that TMZ failed to mention the OTHER significant motion filed yesterday, which includes the actual "Payment and Release Agreement" signed by both Raymone and Jackson in December 2007--the one that Raymone Bain completely avoided mentioning in her original complaint which puts her entire case in total jeopardy?

- On December 27, 2007 both Michael Jackson and Raymone Bain entered into a "Payment and Release Agreement" whereby Raymone acknowledged that she was "not owed any additional monies under any other agreement from the beginning of time until December 27, 2007." As such, Michael's team claims that "any monies allegedly owed under the May 30, 2006 agreement between the parties were extinguished under the Payment and Release."

- The defense notes that this Payment and Release form is, not surprisingly, "completely and conspicuously absent from any of Plaintiffs’ pleadings and filings with this Court."

- More legal jargon which ultimately reiterates their stance that Raymone's claim is legally "not only without merit, but is frivolous."

- A deposition from Londell McMillan confirmed that Raymone Bain, as part of the Payment and Release Agreement she signed into in 2007, was paid $488,820.05 and was fully satisfied, with total acknowledgment that NO OTHER MONEY was owed to her under ANY past agreements. This makes it clear why she avoided mentioning that release agreement in her complaint.

- The actual payment and release agreement states, in part:

============================================================
Mr. Jackson shall render a payment made payable to you [Plaintiffs] in the amount of four hundred and eighty-eight thousand, eight hundred and twenty dollars and five cents ($488,820.05) as full and final satisfaction of any and all monies, known or unknown, to be owed to you by the Jackson Parties with respect to any and all agreements whether verbal or written that you may have entered into with the Jackson Parties from the beginning of time until December 27, 2007 (the "Payment").

Except as otherwise set forth herein, in consideration of the Payment and other consideration provided herein, you [Plaintiffs] on behalf of yourself, your respective predecessors in interests, successors and assigns, representatives, partners, parents, subsidiaries, affiliates, members, officers, directors, agents, attorneys, employees, insurers, donees and licensees and each of them as applicable, do hereby absolutely, fully and forever release, relieve, waive, relinquish and discharge the Jackson Parties and each of their respective predecessors in interest, successors and assigns, representatives, partners, parents, subsidiaries, affiliates, members, officers, directors, agents, attorneys, employees, insurers, donees and licensees and each of them as applicable of and from any and all manner of action or actions, suits debts, liabilities, demands, claims, obligations, costs, expenses, sums of money, controversies, damages, accounts, reckonings, and liens of every kind or nature whatsoever, whether known or unknown, suspected or unsuspected which you shall or may have, own or hold, or which they at any time heretofore had owned or held against the Jackson Parties by reason of, arising out of or in connection with any matter whatsoever.

...

This agreement contains the entire understanding between and among the parties hereto and supersedes any and all prior understandings, agreements, representations, covenants, warranties, and releases, express or implied, written or oral, between any of the parties...
============================================================

The defense argument goes on to describe how the court will have to uphold the agreement put in place by Raymone and Michael Jackson in 2007, and how her claims exist based on "hearsay lacking any evidentiary support." Also, information and past court cases are cited as to why she cannot freeze any of Michael Jackson's assets or accounts without first obtaining a judgment, which again would be very unlikely given the release agreement acknowledging that she was owed nothing more regardless of any past agreements.

In conclusion, with this BINDING AGREEMENT now revealed and on the table, Raymone has "no viable case against the Jackson Parties and are therefore unlikely to succeed on the merits."

http://tscmmj.blogspot.com/2009/06/big-update-in-raymone-case-mj-responds.html

1763 days ago
20.

Blkshepherd    

It amazes me How Stupid some of you really are. You believe every little thing you read about MJ. You little retards Hate him yet cant help Reading Anything you can about him. He has you right in the palm of his hands. LOL..including TMZ. All the names you call him dont mean a thing as he Never reads TMZ only you fools read this garbage. MJ laughs at you guys and you poor fools actually think your insulting him with your rants. Sadly its you folks that got the issues not Michael who will live off of your rants and raves and his children will be set for life. Keep this Man relevant as you have been doing. His family and decendants are set for life thanx to you guys. Hope you feel real proud of yourselves .Now get a life!

1763 days ago
21.

caroline    

Once again TMZ forgot to report the ACTUAL facts:

Major Court Update June 18, 2009
Today, several key motions were filed by Michael's defense to both respond to and oppose Raymone's claims. A summary of the VERY REVEALING claims as made by Michael's attorneys is included below:

- On December 27, 2007 both Michael Jackson and Raymone Bain entered into a "Payment and Release Agreement" whereby Raymone acknowledged that she was "not owed any additional monies under any other agreement from the beginning of time until December 27, 2007." As such, Michael's team claims that "any monies allegedly owed under the May 30, 2006 agreement between the parties were extinguished under the Payment and Release."

- The defense notes that this Payment and Release form is, not surprisingly, "completely and conspicuously absent from any of Plaintiffs’ (miss Bains) pleadings and filings with this Court."

- More legal jargon which ultimately reiterates their stance that Raymone's claim is legally "not only without merit, but is frivolous."

- A deposition from Londell McMillan confirmed that Raymone Bain, as part of the Payment and Release Agreement she signed into in 2007, was paid $488,820.05 and was fully satisfied, with total acknowledgment that NO OTHER MONEY was owed to her under ANY past agreements. This makes it clear why she avoided mentioning that release agreement in her complaint.

- The actual payment and release agreement states, in part:
Mr. Jackson shall render a payment made payable to you [Plaintiffs] in the amount of four hundred and eighty-eight thousand, eight hundred and twenty dollars and five cents ($488,820.05) as full and final satisfaction of any and all monies, known or unknown, to be owed to you by the Jackson Parties with respect to any and all agreements whether verbal or written that you may have entered into with the Jackson Parties from the beginning of time until December 27, 2007 (the "Payment").

Except as otherwise set forth herein, in consideration of the Payment and other consideration provided herein, you [Plaintiffs] on behalf of yourself, your respective predecessors in interests, successors and assigns, representatives, partners, parents, subsidiaries, affiliates, members, officers, directors, agents, attorneys, employees, insurers, donees and licensees and each of them as applicable, do hereby absolutely, fully and forever release, relieve, waive, relinquish and discharge the Jackson Parties and each of their respective predecessors in interest, successors and assigns, representatives, partners, parents, subsidiaries, affiliates, members, officers, directors, agents, attorneys, employees, insurers, donees and licensees and each of them as applicable of and from any and all manner of action or actions, suits debts, liabilities, demands, claims, obligations, costs, expenses, sums of money, controversies, damages, accounts, reckonings, and liens of every kind or nature whatsoever, whether known or unknown, suspected or unsuspected which you shall or may have, own or hold, or which they at any time heretofore had owned or held against the Jackson Parties by reason of, arising out of or in connection with any matter whatsoever.

This agreement contains the entire understanding between and among the parties hereto and supersedes any and all prior understandings, agreements, representations, covenants, warranties, and releases, express or implied, written or oral, between any of the parties.

The defense argument goes on to describe how the court will have to uphold the agreement put in place by Raymone and Michael Jackson in 2007, and how her claims exist based on "hearsay lacking any evidentiary support." Also, information and past court cases are cited as to why she cannot freeze any of Michael Jackson's assets or accounts without first obtaining a judgment, which again would be very unlikely given the release agreement acknowledging that she was owed nothing more regardless of any past agreements.

In conclusion, with this BINDING AGREEMENT now revealed and on the table, Raymone has "no viable case against the Jackson Parties and are therefore unlikely to succeed on the merits."



1763 days ago
22.

caroline    

Reason for the delay in responding:

In addition to the bombshell information I mentioned previously, Michael's side also explained the delay in response, and why the original notice of default should be tossed now that a formal response has been made within the allocated time the court provided.

According to the claim, Michael Jackson only became aware of this case on June 7th whereby he quickly acted to appoint the legal team he now has in charge of it. He was only informed of it through Frank Dileo who learned of it via the media, and never through a formal summons. Raymone alleged that a summons was given to a security guard and to Dr. Tohme Tohme, but none of them actually made their way to Michael. Dr. Tohme Tohme no longer has any personal nor professional association with Michael Jackson, nor did he at the time the original summons was served and he did not in any way communicate the information to Michael.

In addition, the lawyers state that "because of the existence of a valid and binding payment and release agreement between the parties, this action came as a complete surprise to [Michael Jackson]... Despite rumors and innuendos that may have surfaced before that date, Mr. Jackson did not conceive any lawsuit would be possible based on the payment and release agreement executed by Raymone K. Bain."

Michael Jackson submitted a signed declaration to these facts.

P.S., Also revealed and confirmed was the official termination of Dr. Tohme Tohme, which went into effect May 5th and disbarred him from having any subsequent affiliation with Michael Jackson or any of his numerous established entities (including MJJ Productions and the newer MJJ Kingdom).

The defense is also calling for the dismissal of Raymone's complaint based on the agreement she signed into which prevents her from profiting any further from Michael Jackson and contradicts her very claim.

1763 days ago
23.

caroline    

What you guys also must understand is what Raymone Bain is asking for.
She is NOT claiming that she never was paid because MJ paid her. Her lawsuit is for three different things that she claims she must be paid for.

She claims that she is entitled to be paid for stuff that occured after she was fired.
So, what Raymone is saying is, as the former President/COO of the Michael Jackson Company, she wants.
* 10% of what MJ may be making from the album Thriller 25
* 10% of what MJ received from the refinancing of the loan on the SONY/ATV music catalog
* 10% of the AEG agreement, his upcoming shows in London. It have been rumours saying MJ will get $400 million for his shows. He has NOT yet been paid so why can she even claim that? Its BS:

1763 days ago
24.

TSCM    

@ A.G., Perhaps the bigger question is... Why didn't Raymone Bain so much as mention that she signed an air tight Payment and Release Agreement in December 2007? She made it out as if Michael Jackson stopped communicating with her out of the blue and that the original 10% clause and agreement was still in full effect. And, if she really hadn't been paid in full by him for the amount dictated in the agreement (I think it'd be foolish to sign any agreement as such without receiving the money up front), I would only assume that she would've included that amount on top of her existing claims in court (while also using it as a reason to void the 2007 agreement) and that she would have filed a lawsuit in early 2008, not now on the heels of the O2 concerts and success of the Thriller re-release.

And, TMZ is wrong--Raymone Bain did not secure any default judgment against him. He had 10 days to respond to the the notice of default and did so, with what appears to be a strong defense to boot.

1763 days ago
25.

beall_endall    

Thats is an ugly signature

1763 days ago
26.

real    

It shouldn't surprise us that wacko jacko lied again. Is he still sleeping with other people's little boys? He ought to disappear like his nose.

1763 days ago
27.

Barb    

Those signatures don't look anything alike.

1762 days ago
28.

Mimarin    

Well after all the lies settle Michael Jackson will win again. Bain has no case. But TMZ will forget about this when it happens. The UK tour will be the biggest musical event of 2009. It has already dwarfed Britney, Madonna and beyoce's tours. Jackson will earn £50 million (GBP) or $82.18 million (USD) for the UK shows alone and a massive $400 million if he decides to do a world tour. If an album is released will earn over a half billion in the next several years! This is why he is always being sued HE HAS MONEY! Michael Jackson is still one of the richest entertainers in Hollywierd.


According to the 2008 book :Beatles for Sale by John Blaney

"RO: Epstein also signed away a shocking 90 percent of the Beatles' merchandising sales to the Seltaeb company. Is this his biggest blunder?
JB: It sounds like a massive blunder, but the real shocker is the fact that Lennon and McCartney ended up losing the rights to their own songs. The last time Sony/ATV, which owns Northern Songs, was valued, it was said to be worth $30 billion!
What they lost in merchandising is peanuts compared to what they lost in royalties when they lost control of Northern Songs. The merchandising bubble would have only lasted a few years at best, but the royalties from songwriting will keep pouring in for as long as their music lasts. And it looks like that is going to be a long time."

REMEMBER MICHAEL JACKSON OWNS 50% OF SONY/ATV PUBLISHING(This is what the media never mention)


Forbes back in 2005

"The entertainer is a partner with Sony (nyse: SNE - news - people ) in a music publishing business, which owns more than 300,000 songs and generates as much as $75 million a year in income for him. "

http://www.forbes.com/2005/06/14/jackson-celebrity-trial-cx_da_0614topnews.html



About SONY/ATV today

Sony/ATV Music Publishing LLC is one of the world's largest music publishing companies. The company was formed by the 1995 merger of the Sony Corporation of America's music publishing business with ATV Music, which Michael Jackson had purchased in 1985 for $47.5 million from Australian businessman Robert Holmes à Court. Given that Jackson's ATV Music was more valuable asset, he was awarded with $110 million alongside with receiving 50% of shares in the merged company. Also, Jackson kept as his sole property Mijac Music Publishing catalogue, which owns all of artist's composed music, as well as of many other acts.
The S/ATV MP or administers over 600,000 copyrights, including works by The Beatles, Michael Jackson, Willie Nelson, Bob Dylan, The Everly Brothers, Hank Williams, Jimi Hendrix, Elvis Presley, Neil Diamond and numerous others. Among Sony/ATV's most valuable holdings is the Northern Songs catalogue, consisting of 180 songs written by The Beatles (mostly by Lennon-McCartney). According to the Sony/ATV Music website, the company owns or administers 1,963 songs from the Lennon-McCartney catalog.[1]. In May 2007, Sony/ATV acquired the Famous Music publishing company from Viacom's Paramount Pictures for $400 million. The Famous Music catalogue includes 125,000 songs. The company is co-owned by Sony and trusts formed by Michael Jackson


Who's BAD!

1760 days ago
29.

Lauren    

I think its best you take this off now respect him. He is no longer with us and we should respect him and his familys wishes

1756 days ago
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