Not a Lexis Advance subscriber? Try it out for free.

OWBR LLC v. Clear Channel Communs., Inc.

United States District Court for the District of Hawaii

February 5, 2003, Decided ; February 5, 2003, Filed

CIV. NO. 02-00142 ACK-KSC

Opinion

 [*1215]  ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, GRANTING DEFENDANT CLEAR CHANNEL COMMUNICATION, INC.'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT SFX MULTIMEDIA GROUP, LLC'S MOTION FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFF'S MOTION TO STRIKE PORTIONS OF DEFENDANT SFX MULTIMEDIA GROUP, LLC'S SUMMARY JUDGMENT EVIDENCE 

 [**2] BACKGROUND

This lawsuit arises from a contract dispute between Plaintiff OWBR, d.b.a. Outrigger Wailea Resort ("Outrigger") and Defendants Clear Channel Communications ("Clear Channel") and SFX Multimedia Group ("SFX"). On November 19, 2000, Plaintiff entered into an agreement with "Urban Network - SFX Multimedia Group" (the "Agreement"). The Agreement, written by Plaintiff and executed by Plaintiff's Director of Sales and Marketing, Gary Collins, and Miller London, the "Executive Vice-President/President" of "Urban Network - SFX Multimedia Group," provided that Plaintiff would host (at the Outrigger Wailea Resort) Power Jam 2002, a music industry event/conference produced by Defendants and scheduled for February 13-17, 2002.

 [*1216]  Pursuant to the contract, the Outrigger held 2,270 sleeping room nights for the convention's attendees. (Pl.'s Concise Statement of Facts ("CSF") Supp. Mot. Summ. J., Ex. A, at 1.) These room nights are broken down by six guest room categories, and the Agreement lists the individual room night rates for each room category, ranging from $ 235 to $ 900 per night. (Pl.'s CSF Supp. Mot. Summ. J., Ex. A, at 2.) The Agreement also contains a liquidated damages [**3]  clause governing any cancellation of the Agreement. This provision provides that should cancellation of the event occur zero to thirty days prior to the group's scheduled arrival, liquidated damages in the amount of one-hundred percent of the "Total Guest Room Revenue," plus applicable taxes, would be due. (Pl.'s CSF Supp. Mot. Summ. J., Ex. A at 4.)

In addition, the Agreement contains a Force Majeure clause, which states the following:

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

266 F. Supp. 2d 1214 *; 2003 U.S. Dist. LEXIS 10630 **

OWBR LLC, d/b/a OUTRIGGER WAILEA RESORT, a Hawaii limited liability company, Plaintiff, vs. CLEAR CHANNEL COMMUNICATIONS, INC. d/b/a URBAN NETWORK -- SFX MULTIMEDIA GROUP, a Texas corporation, SFX MULTIMEDIA GROUP, LLC, d/b/a URBAN NETWORK -- SFX MULTIMEDIA GROUP, a Delaware limited liability company, et al., Defendants.

Disposition:  [**1]  Plaintiff's motion for summary judgment granted in part and denied in part. Defendant Clear Channel Communication, Inc.'s motion for summary judgment granted and Defendant SFX Multimedia Group's motion for summary judgment denied. Plaintiff's motion to strike denied.

CORE TERMS

SFX, force majeure, summary judgment motion, Jam, inadvisable, summary judgment, cancellation, rooms, Declaration, Contracts, nights, liquidated damages clause, damages, argues, liquidated damages, travel, anticipated, motion to strike, impracticability, excused, hearsay, expert report, DENIES, lost profits, portions, reserved, effects, genuine issue of material fact, liquidated damages provision, apparent authority

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, General Overview, Judgments, Appropriateness, Genuine Disputes, Legal Entitlement, Materiality of Facts, Burdens of Proof, Motions for Summary Judgment, Hearings, Oral Arguments, Supporting Materials, Memoranda of Law, Trials, Judgment as Matter of Law, Evidentiary Considerations, Implausible Claims, Appeals, Standards of Review, Questions of Fact & Law, Contracts Law, Contract Interpretation, Ambiguities & Contra Proferentem, Defenses, Ambiguities & Mistakes, Business & Corporate Compliance, Contracts Law, Standards of Performance, Impracticability, Evidence, Impossibility of Performance, Breach, Excuse & Repudiation, Acceptance of Goods, Excuse From Performance, Energy & Utilities Law, Pipelines & Transportation, Electricity Transmission, Tax Law, Income Taxes, Corporations & Unincorporated Associations, Damages, Types of Damages, Liquidated Damages, Measurement of Damages, Foreseeable Damages, Affidavits