Post by TheWallsScreamedPoetry on Jan 24, 2007 19:00:09 GMT
DEFENDANTS’ OBJECTIONS TO PROPOSED STATEMENT OF DECISION AND SEPICIFICATION OF ISSUES NOT ADDRESSED THEREIN
Filed May 24 2005
A. Ian Astbury’s Compensation Should Be A Deductible Expense.
As currently worded, the proposed prohibition against deducting the salaries of “any defendant herein” means that the compensation paid to defendant Ian Astbury to perform with “The Doors of the 21st Century” cannot be deducted. There is no legal or equitable basis for this exclusion.
Defendant Ian Astbury has been completely exonerated by the jury, which found in his favor with regard to every claim brought against him. Proposed Statement of Decision, p. 39:24-25. Astbury testified at trial that he was a “hired party” and that he had no involvement in decisions regarding the promotion, marketing or advertising of the band. Densmore’s argument that Astbury was somehow a “secret partner” was rejected by the jury. Consequently, the evidence demonstrates that Astbury’s conduct was unimpeachable.
Thus, this Court compensation paid to Astbury must be deducted as a bona fide touring expense. The evidence demonstrated that Astbury’s fee of 12% of the gross was negotiated at arm’s length, with Astbury demanding that he be paid more than the booking agent (who received 10% of the gross) because Astbury contributed more to the success of the enterprise. Astbury’s compensation should be as deductible as the compensation paid to roadies, guitar techs, sound engineers and other concert and road personnel. This Court should amend the Proposed Statement to allow for the full deduction of Astbury’s compensation.
As for the Jeff Martin reference that was an example establish that by his own admission he was the "first one asked" to front the new incarnation and not Ian Astbury as you indicated in your previous posting in which you also said Danny had groomed Ian specifically for fronting the new incarnation.
If you wish to see evidence to support the fact of how Astbury's peers reacted to his performing with the new incarnation I will ask you to visit any of metal music boards where Astbury's peers frequent.
As for reference as to "look what you posted yesterday:" I didn't write that document thats transcript a of the document filed with the court.
Filed May 24 2005
A. Ian Astbury’s Compensation Should Be A Deductible Expense.
As currently worded, the proposed prohibition against deducting the salaries of “any defendant herein” means that the compensation paid to defendant Ian Astbury to perform with “The Doors of the 21st Century” cannot be deducted. There is no legal or equitable basis for this exclusion.
Defendant Ian Astbury has been completely exonerated by the jury, which found in his favor with regard to every claim brought against him. Proposed Statement of Decision, p. 39:24-25. Astbury testified at trial that he was a “hired party” and that he had no involvement in decisions regarding the promotion, marketing or advertising of the band. Densmore’s argument that Astbury was somehow a “secret partner” was rejected by the jury. Consequently, the evidence demonstrates that Astbury’s conduct was unimpeachable.
Thus, this Court compensation paid to Astbury must be deducted as a bona fide touring expense. The evidence demonstrated that Astbury’s fee of 12% of the gross was negotiated at arm’s length, with Astbury demanding that he be paid more than the booking agent (who received 10% of the gross) because Astbury contributed more to the success of the enterprise. Astbury’s compensation should be as deductible as the compensation paid to roadies, guitar techs, sound engineers and other concert and road personnel. This Court should amend the Proposed Statement to allow for the full deduction of Astbury’s compensation.
As for the Jeff Martin reference that was an example establish that by his own admission he was the "first one asked" to front the new incarnation and not Ian Astbury as you indicated in your previous posting in which you also said Danny had groomed Ian specifically for fronting the new incarnation.
If you wish to see evidence to support the fact of how Astbury's peers reacted to his performing with the new incarnation I will ask you to visit any of metal music boards where Astbury's peers frequent.
As for reference as to "look what you posted yesterday:" I didn't write that document thats transcript a of the document filed with the court.