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Steven Brownstein asks court to dismiss Jason Aldan’s counter-claims

AN entertainment company wants the federal court to dismiss the counter-claims of a former CNMI resident in connection with litigation regarding the failed UB40 concert that was supposed to  be held on Saipan and Guam.

Steven Brownstein, who is doing business as Steven Brownstein Entertainment, sued Jason H. Aldan and Fredrick Holloman and other individuals in the District Court for the NMI for defrauding his firm of $115,000 by misrepresenting their capacity to bring the English reggae and pop band UB40 to Guam and Saipan in 2015.

In Nov. 2017, Chief Judge Ramona V. Manglona dismissed Brownstein’s claims of fraud and unjust enrichment against former CNMI resident Jason H. Aldan.

But the judge also allowed Brownstein to amend his complaint against the defendants.

Brownstein, through his legal counsel Steven Pixley, filed an amended complaint with the same causes of action against Aldan and 10 unnamed co-defendants but removed Frederic Holloman as a defendant.

Pixley, in the amended complaint, stated that Aldan and others damaged Brownstein through a pattern of fraudulent misrepresentation relating to the UB40 band and misappropriation of funds.

Pixley, in his request to dismiss Aldan’s counter-claim, said Aldan misconstrues the elements of the tort of abuse of process.

Pixley said Aldan fails to allege sufficient facts to support his counter-claims.

Pixley said Aldan relies upon vague assertions, conclusions, and speculation to bolster his claims.

In his counter-claim, Aldan accused Brownstein of making him the scapegoat for the backlash, bad press, and embarrassment which resulted from the cancelled shows and broken promises to fans.

Aldan said because Brownstein was unable to locate Holloman or to personally serve him notice of the lawsuit, Brownstein placed the “onus” on him, Aldan, for the failed concert.

Aldan said the lawsuit is an attempt by Brownstein to save his damaged reputation and to place the blame on someone else.

In response, Pixley denied any ulterior purpose on the part of Brownstein in litigating the matter.

“Even taken as true that there was such a motive, Aldan’s abuse-of-process claim must fail because he has not pleaded the willful-act element sufficiently,” Pixley said.

Aldan’s counterclaim fails to set forth a plausible legal theory, the lawyer said.

There are no facts demonstrating that Brownstein committed a willful act in the use of process for an ulterior purpose, Pixley said, adding that Aldan’s counterclaim should be dismissed.

According to the complaint, Brownstein wired the sum of $115,000 to Aldan and Holloman,  but the funds were misappropriated.

Holloman is said to be engaged in business through a company known as Shae Entertainment/Management in La Jolla, California.