Kevin Hart wants the judge to throw out his sex tape lawsuit ... just like he says the legal papers were thrown out of a car window and left on his driveway.
According to new legal docs -- obtained by TMZ -- the actor claims he was not properly served in the case filed against him by Montia Sabbag ... Hart's alleged sex tape partner who sued him for $60 million, claiming he and his friend conspired to tape their encounter.
Hart wants the suit dismissed because he claims the process server "simply threw a set of papers out of a car window in view of a security guard" outside the gate of his home.
The security guard's photos of the drive-by drop-off appear to show the legal papers lying on the ground outside the server's car. The security guard claims he doesn't live at Hart's residence, and wasn't authorized to accept service of a legal complaint.
Due to the improper service ... Hart wants the judge to dismiss the case.
Sabbag says Hart was motivated by publicity with an upcoming comedy tour. He's repeatedly denied having any knowledge of the recording ... claiming he, too, was a victim of Jackson's extortion attempts.
7:01 AM PT -- LeBron's Uninterrupted has responded to the lawsuit, telling TMZ Sports ... "The complaint filed by Game Plan today is meritless and contains numerous factual inaccuracies. Uninterrupted owns prior rights in and to the 'More Than An Athlete' trademark."
A youth org. claims LeBron James straight-up jacked their "More Than An Athlete" slogan for his Uninterrupted brand ... and now they want more than $33 MIL to make things right!
Game Plan -- a Maryland based nonprofit, which guides young athletes to achieve professional success in an out of sports -- claims they've been using the slogan "I Am More Than an Athlete" since 2016 and they obtained the trademark in 2018.
The problem ... Game Plan is convinced LeBron James saw Game Plan staffers wearing "More Than An Athlete" shirts at a Cleveland Cavaliers vs. Washington Wizards game in 2017 and stole it for his Uninterrupted brand. In fact, the staffers even posed for a pic that day with Wizards star John Wall.
Game Plan says in their lawsuit ... "The attendance at the game gave Game Plan tremendous exposure, as it was able to gain attention from John Wall in front of his peers including the (arguably) most famous athlete in the world, as a member of the Cleveland Cavaliers, at the time, LeBron James."
In court docs filed by Game Plan, they claim Bron loved the phrase so much, he began using it in 2018 as a response to the infamousLaura Ingraham "Shut Up and Dribble" incident.
After the Fox News host made the comment on air, James went to social media and posted a picture of a neon light sign that read, "I Am More Than an Athlete."
Since then, Game Plan says LeBron and Uninterrupted have monetized the hell out of the slogan -- striking deals to use "I Am More Than An Athlete" with Nike, ESPN and the NBA2K video game.
Game Plan says they own the rightful trademark and are entitled to all profits that have been made from it -- seeking no less than $33 MILLION.
They're suing Uninterrupted, Nike, Disney and Take-Two Interactive Software Inc.
Damon Dash says his ex-wife, Rachel Roy,has been hiding stacks of cash that are rightfully his -- the fruits of her fashion company's labors -- so he's suing her for fraud.
Dame is pissed off about the Rachel Roy Brands of clothes -- which include several lines Rachel sells in Bloomingdales and similar department stores. In his suit, he says the company is FLUSH ... earning profits in the millions each year. His issue is his cut of that pie.
According to docs, obtained by TMZ, Dame claims Rachel conspired with several other companies involved in keeping RRB afloat ... to hide the amount of money that was due to go in Dame's pockets.
He's pretty colorful and complete with his allegations, claiming they "manipulated, diverted, misappropriated, transferred, concealed and embezzled funds."
Rachel and co. allegedly submitted fraudulent accounting, withheld payments, and undervalued Damon's share of RRB. Dame says he was an original member of Rachel's company when she formed it in 2008 -- they were still married then -- and as such he's entitled to royalties.
Far as Dame can tell, the alleged shell game with his money started in 2014 when a royalty payment of $175,000 was withheld. He claims that happened again in 2015 with a $200,000 check.
In the suit, Damon says he had a verbal agreement with Rachel that she would re-purchase his interest in RRB for $1 million -- but she reneged with no explanation.
He's not only suing Rachel, her companies and more than a handful of others -- accountants, lawyers and such -- he claims conspired against him.
As for how much? Dame says they need to open up the books, so he can see exactly what he's owed.
1:10 PM PT -- 2/16 -- Caroline's boyfriend, Lewis Burton, has spoken out in the wake of her death ... and he sounds heartbroken over the loss.
UPDATE
The tennis player took to IG, writing ... "My heart is broken we had something so special," going on to say he knows she always felt safe with him and seemingly showing regret for not being able to be there for her.
UPDATE
Waiting for your permission to load the Instagram Media.
UPDATE
He finishes by saying, "I will be your voice baby I promise I will ask all the questions you wanted and I will get all the answers nothing will bring you back but I will try make you proud everyday."
UPDATE
Lewis is the one Caroline was accused of attacking.
Former 'Love Island' host and well-known UK personality Caroline Flack died in her home this weekend after taking her own life -- this just weeks before she was set to go to trial.
The longtime reality TV presenter was found dead Saturday in her London apartment -- which her family confirmed in a statement to the British press. A family spokesman says, "We can confirm that our Caroline passed away today on the 15th of February. We would ask that the press both respect the privacy of the family at this difficult time."
Sky News reports Flack had killed herself, citing an attorney for the TV star.
Caroline was set to face a judge on March 4, pertaining to an assault case she was fighting there across the pond. Her tennis star boyfriend, Lewis Burton, had accused her of attacking him with a lamp at their home -- for which she was charged and pled not guilty.
Waiting for your permission to load the Instagram Media.
In December, she had stepped down from her 'Love Island' hosting role and was keeping a low profile, out of the public eye. On Instagram, however, she doubled down on her proclaimed innocence, and vowed not to be silenced and to keep living her life.
Several famous British TV presenters and hosts expressed shock over news of her death. Several people say the British press treated her harshly and unfairly -- criticizing the sympathetic tone several outlets and papers are taking today upon her death.
It was only a matter of time before the media and a prolonged social media dogpile, hers lasted for MONTHS, pushed someone completely over the edge. Rest In Peace Caroline Flack. This is fucking horrendous. 💔
Besides 'LI,' Caroline had an extensive on-camera resume ... having appeared as a guest, panelist, judge and presenter on shows like 'Big Brother,' 'X Factor,' "Celebrity Juice," "I'm a Celebrity... Get Me Out of Here!," "Britain's Got More Talent," 'Who Wants to Be a Millionaire,' "Viral Tap," "Loose Women," "Sunday Brunch," "Strictly Come Dancing" and more.
Jussie Smollett's alleged accomplices in staging a hate crime are speaking on camera for the first time since Jussie was hit with felony charges again ... and they're practically pleading for him to come clean.
The Osundairo brothers -- Abel and Ola -- were leaving Fina Estampa restaurant in Chicago Friday afternoon when they opened up about Jussie ... and how they feel about the whole debacle.
Ola starts by telling us they are praying for Jussie to "build up the courage to finally tell the truth" ... clearly implying they're sticking to their story -- that it was all a hoax perpetrated by Smollett.
Abel, who's walking with his brother and their lawyer, Gloria Schmidt, goes on to say the brothers feel remorseful for being involved in the incident and causing people pain ... especially real victims of hate crimes who may have been marginalized because of what they did.
As we reported ... Jussie's facing a new 6-count indictment for allegedly lying to law enforcement about his "attack" back in January 2019. He also still has to deal with the City of Chicago's lawsuit against him for around $500k in investigative costs.
The Osundairos have said they remain "fully committed to the public knowing the truth" and will cooperate with the renewed investigation, and tell us if that means testifying ... they'll do what needs to be done.
Blac Chynaclaims Rob Kardashiandidn't suffer any REAL injuries or pain in her alleged beat down of her ex -- so she wants his lawsuit against her tossed.
Chyna just filed new docs, obtained by TMZ, claiming her baby daddy grossly exaggerated his injuries from their alleged fight way back in December 2016.
As ya know, Rob alleges BC tried to choke him with an iPhone charging cable before repeatedly hitting him ... all while she was high on booze and drugs.
However, BC says the only harm Rob suffered that night relates to his heartbreak over Chyna leaving his ass. As we reported, Chyna moved out of Kylie Jenner's home where she and Rob were living back then with their newborn, Dream.
She's also laughing off, almost literally, an incident involving a gun.
Chyna says Rob testified she pointed his gun at him, and told his friends she would kill him if he "messes up." In her docs, BC says everyone knew it was a joke, and she had NO intention of pulling the trigger.
She asking the court to dismiss Rob's lawsuit for assault simply because she says there was no assault and the guy wasn't hurt. Case closed, at least to her ... we'll see what the judge says.
Michael Lohan's estranged wife, Kate Major, was arrested for DWI a day before Mike got busted for allegedly hurting her -- and one incident allegedly caused the other.
TMZ has learned Kate was arrested and booked for driving while intoxicated on Sunday out in the Hamptons. According to law enforcement, troopers got a complaint of reckless driving, and when they stopped Kate and interviewed her ... they suspected she'd been boozing.
We're told the officers detected an odor of alcohol on Kate's breath, and they claim she ended up blowing a 0.24 BAC. That's really high.
Our sources say Kate was taken in, booked for DWI and given a court date later this month.
Now, the timing here is interesting ... because about 24 hours later, Michael was also arrested. He was booked for allegedly choking Kate. The actual charges were criminal obstruction of breathing or blood circulation and harassment. Kate told police Michael had attacked her.
He denied it and elaborated ... telling TMZ, Kate actually called cops and made up this lie to get back at him for snitching on her to cops. Michael claims, as he first told DailyMail, he actually called the police Sunday because he suspected Kate was drinking and driving.
Cut to Monday ... Michael says he showed up to his lawyer's office Monday -- to discuss Kate's arrest -- but instead, cops showed up and placed him under arrest.
Apparently, the plan was for Kate to check in with their lawyer after being released and get herself into rehab. Obviously, things took a left turn -- and now, Mike's got his own case to deal with. He says he's gonna present evidence to the DA and judge to clear his name.
BTW, if you were wondering ... yes, Michael and Kate are still technically married. Despite many, many bumps in the road along the way. Do we have to list them?
Channing Tatum and Jenna Dewan have checked off another big box in wrapping up their divorce ... a judge has signed off on an official parenting schedule.
As you may recall ... things turned a little nasty between the ex-couple and resulted in a custody battle, but they've reached an agreement that pretty much splits their time with their 6-year-old daughter, Everly, right down the middle.
According to the legal docs -- obtained by TMZ -- Channing and Jenna will share joint custody "pursuant to a 2-2-5" parenting schedule, which goes like this ... Mom gets Everly Monday through Wednesday, Dad gets her Wednesday through Friday, and they alternate weekends.
Because of their unpredictable work schedules, the 2 agree to use a Parenting Plan Coordinator to make minor adjustments to the custodial schedules should there be any issues.
As for holidays ... Channing and Jenna will alternate every year, and each is allowed up to 10 days of exclusive summer vacation time with Everly. For the child's birthday, the parents will split the day ... unless they agree to have a joint celebration.
If there are any other complications ... once again, the PPC has the authority to step in and make a decision.
Despite the custody agreement, there's still a couple lingering issues in the wake of the divorce ... like Jenna wanting to legally take her maiden name back, as we first reported.
The 2 are also still hashing out a property settlement agreement ... stay tuned.
5:33 PM PT -- Jussie's attorney, Tina Glandian, is also questioning the timing of the indictment, saying, "the attempt to re-prosecute Mr. Smollett one year later on the eve of the Cook County State's Attorney election is clearly all about politics not justice."
UPDATE
She also says ... "After more than five months of investigation, the Office of the Special Prosecutor has not found any evidence of wrongdoing whatsoever related to the dismissal of the charges against Mr. Smollett. Rather, the charges were appropriately dismissed the first time because they were not supported by the evidence."
UPDATE
2:59 PM PT -- Foxx's campaign is calling out the timing of the special prosecutor's announcement saying, "What's questionable here is the James Comey-like timing of that charging decision, just 35 days before an election, which can only be interpreted as the further politicization of the judicial system, something voters in the era of Donald Trump should consider offensive."
Jussie Smollett is facing felony charges in Chicago again -- the special prosecutor just announced an indictment against the actor for the alleged homophobic attack against him last year.
A grand jury handed up the new indictment against Jussie on Tuesday. Dan Webb was appointed special prosecutor for the case last summer. We're told he's now facing 6 felony counts for lying to law enforcement. The indictment calls the 6 charges "disorderly conduct," but all 6 involve allegations of lying to cops.
This effectively re-opens the controversial case that led to Smollett getting fired from "Empire."
Special Prosecutor Webb says Jussie "planned and participated in a staged hate crime attack, and thereafter made numerous false statements to Chicago Police Dept. officers."
Webb adds the new charges -- pared down from 16 to 6 -- were re-filed "in the interest of justice." Webb was critical of the State's Attorney who dismissed the case, saying Kim Foxx's office had no additional evidence from what the Grand Jury had when they indicted Smollett in the first place, so the dismissal made no sense.
Jussie and his attorneys had staged a legal battle against the special prosecutor, saying it would expose him to double jeopardy. That effort was shot down in court. You'll recall Cook County prosecutors dropped all 16 felony counts against Smollett in March 2019 ... calling it a "just disposition and appropriate resolution," but not an exoneration.
That decision pissed off Chicago law enforcement -- and in August, Webb was appointed special prosecutor to investigate how the case was handled, and if there was any reason to renew charges.
A source connected to Jussie tells us, "The officers who re-investigated the case are the same ones who originally investigated it. These officers are currently being sued by Smollett. They have also spent taxpayer money on having these officers go to Los Angeles and harass members of Smollett's team and friends."
We're told Jussie still maintains his innocence, and finds the timing of the indictment interesting -- because Cook County State Attorney Kim Foxx is up for re-election next month. He plans to plead not guilty.
Jussie will be arraigned February 24. We're told he faces up to 3 years in state prison if convicted.
You'll recall, Jussie claimed he was attacked on a frigid night in Chicago by 2 white men who put a rope around his neck and doused him with bleach while yelling racial and homophobic slurs.
However, 2 black men -- brothers Abel and Ola Osundairo -- were eventually detained, and told police Jussie paid them to stage the whole attack.
After the new indictment, the Osundairos' attorney, Gloria Schmidt, says they remain "fully committed to the public knowing the truth" about the so-called attack -- and will cooperate with the investigation. However, they did not testify before the new grand jury. Instead, the panel relied on the brothers' previous testimony.
Federal prosecutors released some of the documents Olivia Jade submitted to USC, allegedly to make it seem like she wanted a coveted spot on its crew team ... and it's packed with a list of events and some impressive finishes. Remember, Olivia never really competitively rowed a day in her life.
However, according to the docs, from 2014 to 2017 ... Olivia earned 2 gold medals, 2 silvers and 2 bronzes as a coxswain for her high school team. She didn't do so well in the prestigious Head of Charles race in Boston, though. In 2016, her team came in 11th, and the next year they came in 14th.
BTW, the resume was clearly drawn up by someone who doesn't have deep crew knowledge. It's missing key stats about Olivia's participation, and while her high school really did compete in these events ... the finishes don't match the real results.
The resume also suggests Olivia could be a very successful coxswain in one of USC's 4 boats. Interestingly, she points out her older sister, Isabella, is already on the school's roster as coxswain for boat #4. The resume ends by boasting Olivia is "highly talented and has been successful in both men's and women's boats."
The feds are obviously including the resume as an exhibit to show how extensively they believe the Giannullis lied and plotted to get their daughters into USC. Prosecutors say USC associate athletic director Donna Heinel submitted Olivia's rowing resume to the athletics sub-committee without referencing any donations her parents made to the university.
The feds claim this shows USC, with the exception of Heinel, was defrauded.
Lori and Mossimo's lawyers have long maintained they only submitted materials that Rick Singer asked them to, and had no knowledge of anyone being bribed at the university. In fact, the feds don't even say who created the phony resume -- and if it were someone on Singer's team, the document would seem to strengthen the Giannullis' case.
2:49 PM PT -- Looks like the 'Stoopid' music video featuring the alleged stolen intro has been removed from Tekashi's official YouTube page.
Tekashi 6ix9ine is being sued by a guy who says the rapper jacked his vocals to hype up a track right from the 0:01 mark ... and the proof seems to be online right now.
An artist named Yung Gordon filed suit against T69, his label 10K Projects and others claiming he recorded a radio drop -- a short audio recording used at the beginning of songs to plug a station, company or artist -- for an org. called Take Money Promotions ... which he insists contacted him in 2016 with the request. Yung Gordon says he happily obliged.
Waiting for your permission to load Spotify track.
According to the docs, obtained by TMZ, Gordon claims a couple years later ... Tekashi dropped a song called "Stoopid," which he says featured his 9-second drop -- something he claims he was never asked about, let alone signed off on through Tekashi or TMP.
Now, Gordon says some versions of the song that have since been published to different streaming platforms have actually ditched his drop. Others, however, haven't ... according to the docs. Case in point, per Gordon, is the current 'Stoopid' music vid on YouTube.
The video opens with a guy saying what Gordon claims to have recorded in his lawsuit ... "You already know, it be the boy Yung Gordon // You rockin' with Take Money Promotions // Aye Take Money Promotions, give 'em that new s*** no foo s***. Let's go!!" The TMP plug goes on for about 20 seconds, and blends into the start of Tekashi's song.
'Stoopid' has gone on to rack up over 180 million views and countless streams, meaning it's made a significant amount of money. Gordon wants a cut of that -- he's asking a judge for damages, and for all 'Stoopid' recordings using his voice to be yanked immediately.
Lori Loughlin says the government has withheld key evidence proving her innocence in the college admissions scandal, but the government has just fired back ... sarcastically responding that the so-called exculpatory evidence was a statement that the witness had not even made when Lori started complaining.
TMZ broke the story ... Lori and her husband, Mossimo Giannulli, claimed the U.S. Attorney intentionally withheld evidence showing they were giving money to USC and unaware any of the $500,000 was used to bribe University officials.
The government just responded, saying there is no such evidence being withheld, and then doubling down, saying, "the absence of such evidence is a result of their criminal conduct, not any government disclosure violations."
And, now prosecutors get nasty. They say some of the information that was just handed over -- evidence Lori claims was wrongly withheld -- is from interviews conducted with witnesses very recently. Prosecutors say in the legal docs ... "The government has broad powers, but they do not include mental telepathy or time travel. The government cannot disclose witness statements before the witnesses make them."
The government goes on to say no University officials condoned the scheme.
Mendeecees is back on the outside after more than 5 years in prison, and he can check off #1 on his 'To do" list ... seeing his kids again.
The "Love & Hip Hop New York" star was released from prison a week ago, on January 29, and shortly afterward he reunited with the 2 children he has with Yandy Smith-Harris. These pics show the fam's first public outing on Monday, shopping at a Walmart ... with Mendeecees looking every bit the proud papa.
As we reported, he was sentenced to 8 years in a minimum-security Pennsylvania prison for drug trafficking. That ended up getting knocked down, but he still ended up doing 5 years and 3 months.
When he got out last week, Mendeecees did it in a grand fashion -- tossing his old clothes in a trash can. Now, he's on parole and set to report to a halfway house for the next several months ... while also participating in a work-release program, with passes to see his family.
Waiting for your permission to load the Instagram Media.
His lockup was a big storyline on the show. 'L&HH' documented Yandy's journey as a de facto single parent, and now Mendeecees is almost guaranteed to be reintroduced. He and Yandy have also adopted a daughter, and he has 2 other kids from previous relationships.
Point being, he's gonna have his hands full -- so good to see Mendeecees getting back in the groove of fatherhood.
R. Kelly's ex-girlfriend, Azriel Clary, already has the wheels in motion to not only help herself heal but to do the same for others ... and her plan includes multimedia and advocacy.
TMZ has learned about the next steps Azriel plans to take as she recovers from what she claims was a dysfunctional and abusive relationship with R. Kelly -- and one the first things she wants to dive into includes working with non-profit organizations that help protect young people.
The org is called Team Truth, and we're told it's run by her dad. It aims to educate minors and their families about types of abuse and how to escape it. Our sources say Azriel finds the cause near and dear to her heart, so she wants to take it up full force.
There's more though ... we're told Azriel also wants to focus her efforts on women of color specifically. She's planning on starting her own foundation dedicated to helping abused women take back control of their lives ... much like she's doing right now.
Speaking of that, we're told Azriel has even more in the works as far as reclaiming her independence and aspirations. She was working toward becoming a recording artist before getting with R. Kelly, and sources say she's pivoting back into that direction.
In fact, we're told she even has a YouTube series in the pipeline called "On the Run with Azriel," which will infuse her music career and her philanthropic efforts in one project.
As we told you, Azriel is already working with the feds in their cases against R. Kelly -- this despite death threats. She's also been doing interviews lately, which we're told she sees as a form of therapy and ultimately helpful in getting past her trauma.
Looks like she's gonna continue down that road of stepping up and speaking out instead of shying away in the aftermath.
Danny Masterson is firing back at his rape accusers over their stalking lawsuit against him and the Church of Scientology ... calling BS on the whole case.
The "That '70s Show" star filed new docs -- obtained by TMZ -- asking a judge to toss the case on grounds the women, according to Danny, haven't specified what they're accusing him of doing.
You'll recall ... 4 women filed suit against Danny and the Church claiming they conspired to stalk them and invade their privacy. They cited multiple incidents of being followed, having their homes surveilled and their property damaged ... which they believe was in retaliation for going public with rape claims against Danny, who is a Scientologist.
In the new docs, filed by attorney Andrew Brettler, Masterson claims the 4 women -- two of whom filed as Jane Does -- are engaged in a "shameful money grab." He says the women are ex-girlfriends who are trying to humiliate him and the Church but doing it anonymously to avoid scrutiny.
He'd already denied all of their claims, but now ... he's doing it again in court docs. He says there was a criminal investigation 2 years ago, and no charges were filed.
Danny says he wants a judge, at the very least, to force the women to disclose their names publicly and, more importantly, he wants them to specify what he allegedly did wrong. He claims they're far too general with their allegations, and he's demanding they get specific.
There's a hearing on the matter scheduled for March, at which point the court is expected to issue a ruling.
Madonna should've been on time for her recent concerts in NYC, because her tardiness screwed over a bunch of fans -- financially and otherwise, according to a new lawsuit.
The pop icon is being sued by a couple guys named Andrew Panos and Antonio Velotta, who claim they were forced to wait 2 to 3 hours for Madonna to take the stage on Sept. 21 and Oct. 1 at the Brooklyn Academy of Music.
According to the docs, obtained by TMZ, the start time was supposed to be 8:30 PM for the Madame X tour stops, but things didn't actually get started until 11:30 PM on the September date, and 10:40 PM in October.
Andrew and Antonio say they were left high and dry on more levels than one. They claim the value of their tickets was greatly diminished, and more importantly ... they say they were left stranded at around 1 AM because they'd missed their scheduled trains or other rides home.
The guys claim the unannounced delay -- which they insist Madonna admitted was her fault -- ruined their plans for work and school the next day. They say they weren't able to arrange alternative rides since their phones were confiscated during the show.
Adding insult to injury, they claim Live Nation -- the company that put on the event -- wouldn't issue refunds to them after the fact. They also allege that the rest of Madonna's September and October shows followed the same pattern of tardiness. You'll recall a very similar class-action lawsuit was filed against Madonna this past November in FL.
These new guys are suing for breach of contract, loss of value, false advertisement and negligent misrepresentation. They're asking for damages and lawyer fees.
We've reached out to Madonna ... so far, no word back.
