So E Online is reporting that yesterday’s Suge Knight/Kanye West mediation impassed and, according to Suge’s handsome attorney Marc Brumer, the next step is trial:
West’s attorney wouldn’t comment, but Knight’s lawyer, Marc Brumer, says the case is headed to trial if the two gentlemen can’t reach a settlement. They also spent a fruitless six hours trying to make a deal in June.
Guess Kanye just phoned it in (literally).
Marc’s not going to trial so fast, however — he has three significant summary judgment motions to deal with first, all of which will be decided by Judge Seitz.
It starts with this:
There is no genuine issue of material fact as to Knight’s lack of damages in the form of lost wages. Mr. Knight’s own testimony (the only record evidence) regarding his lost wages claim establishes he has no independent knowledge or recollection of his earnings prior to his injury.
Q. What was your salary per year from the company?
A. Well, when I was incarcerated, zero. So I don’t recall anything except that.
Deposition of Marion H. Knight (May 11, 2010), p. 549, l. 2 – 5 (attached hereto as Composite Exhibit “C”). Knight has been unable to provide any substantive evidence to support Mr. Knight’s lost wages claim.
It goes on from there:
Essentially, the claim morphs from one of lost wages to a claim that but-for the shooting, Knight “would have” been able to work out a settlement with Lydia and Michael Harris – a couple who obtained a 107 million dollar default judgment against Death Row Records, Inc., and Knight, individually, approximately five months prior to the shooting. See Deposition of Marion H. Knight (April 28, 2010), p. 186 – 188 (attached hereto as composite Exhibit “C”).
Such an attenuated argument flies in the face of the reality that Death Row Records, Inc., had closed its doors in April 2005 (five months before the shooting) as a result of the $107 million default.
I don’t know about you, but this sounds pretty compelling.
Let’s just split the baby at $9 million and call it a day!