UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

Ghost Rocket Music, LLC, : 

c/o Incorporatemax Inc. : 

719 Sawdust Road, #204 : 

The Woodlands, Texas 77380 : 

: 

Plaintiff, : 

: Case No. 2:18-cv-325 

v. : 

: JUDGE _________________ 

Iron City, LLC : 

885 Sternberger Road : 

Jackson, Ohio 45640 : 

: 

And : 

: 

Jason Adkins : 

885 Sternberger Road : 

Jackson, Ohio 45640 : 

: 

Defendants. : 

COMPLAINT

For its Complaint, Ghost Rocket Music, LLC, (hereinafter “Plaintiff” or “Ghost Rocket”) 

against Defendants Iron City, LLC (hereinafter “Iron City”) and Jason Adkins (hereinafter 

“Adkins”) (collectively referred to as “Defendants”) states as follows: 

PARTIES, JURISDICTION and VENUE 

1. Ghost Rocket is a Texas limited liability company. Ghost Rocket is in the business 

of marketing and managing talent and artists on a national basis. Luke Danelon (hereinafter 

“Danelon”) is the Managing Partner of Ghost Rocket. 

2. Iron City purported to be an Ohio limited liability company, whose business 

address is 885 Sternberger Road, Jackson, Ohio 45640. 

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3. Upon information and belief, Iron City is not an official Ohio limited liability 

company. 

4. Upon information and belief, Adkins is the sole operator and owner of Iron City, 

LLC and resides at 885 Sternberger Road, Jackson, Ohio 45640. 

5. Subject matter jurisdiction is proper under this Court’s diversity jurisdiction, 28 

U.S.C. § 1332, because there is diversity of citizenship between the Parties and more than seventyfive thousand dollars ($75,000), exclusive of interest and costs, is in controversy. 

6. There is personal jurisdiction over Defendants because in connection with and as 

part of the transactions and occurrences out of which arise the causes of action pleaded in this 

Complaint, Defendants conducted business in the State of Ohio. 

7. Venue is proper in this Court: (i) pursuant to 28 U.S.C. § 1391(b) because a 

substantial part of the events and omissions out of which the causes of action pleaded in this 

Complaint occurred in this judicial district; and (ii) pursuant to 28 U.S.C. § 1391(c) because 

Defendants purport to have a limited liability company operating in Ohio and personally reside in 

Ohio, within this judicial district. 

FACTS RELEVANT TO THE COMPLAINT 

8. Ghost Rocket is a purchaser and promoter of talent, mainly musical artists. Ghost 

Rocket works and contracts with organizers of concerts and events that are seeking to hire artists or 

talent for their event. Ghost Rocket then seeks out communications with appropriate artists or their 

agents in order to fulfill the needs and desires of the event organizers. Danelon has been working 

in the music industry for over fifteen years. During these years he had built his brand and 

reputation with artists and agencies. This brand and long-standing reputation is the only way 

Ghost Rocket is able to book certain artists and work with certain agencies. 

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The Contract 

9. Sometime in early 2017, Adkins reached out to Danelon to hire Ghost Rocket to 

purchase talent on his behalf for a concert he was planning and organizing. 

10. On April 29, 2017, Ghost Rocket entered into a Performance Contract (the 

“Contract”) with Iron City, executed by Adkins on behalf of Iron City. A true and accurate copy of 

the Contract is attached to the Complaint as Exhibit 1. 

11. The Contract was entered into by Ghost Rocket and Iron City for services related to 

an event called “Light Up the Lake Event” (hereinafter referred to as the “Event”) held on July 1, 

2017 in Jackson, Ohio. Upon information and belief, the Event was a charity event hosted by 

Defendants to benefit Navy Special Warfare Family Foundation and Child Tumor Foundation. 

12. Under the terms of the Contract, Ghost Rocket promised to perform the following 

obligations: 

Ghost will oversee National event talent buying as the festival’s exclusive talent 

buyer (“Buyer”), which will consist of: Packaging the Event properly for agency 

submissions; sourcing Talent availabilities and pricing; negotiations of Contracts; 

consolation with regards to Artist Riders and the like; on-site talent representation; 

ensuring proper financial brokerage of payment and contractual obligations by all 

parties. 

13. Under the terms of the Contract, Iron City (defined as “Producer” in the Contract) 

promised to perform the following obligations: 

Producer will specifically manage payment as directed by this agreement and all 

travel (flights/rental vehicles), lodging (hotels, etc.) and transportation needs (taxi’s, 

uber, etc.) for Luke Danelon and any additional staff member(s) as mutually 

determined needed, (more for on-site services as would [be] determined in 

advance). Once Talent is sourced and agency(ies) become engaged, Producer 

hereby agrees to pay Agencies the full contracted amount for all written agreements 

(including e-mail transmissions). * * * Producer will be responsible for all 

payments & commissions in full. Producer also agrees to fully comply with all 

contractual obligations between Producer and Artists including riders and ancillary 

functions to be determined and negotiated. 

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14. Pursuant to the express terms of the Contract, Iron City agreed to pay Ghost Rocket 

a retainer of $5,000. Iron City also agreed to pay Ghost Rocket Twenty Percent (20%) of Gross 

payments to Artists (on top of Artist guarantees), upon the successful booking of the artists. The 

$5,000 retainer would be deducted from amount owed for the Twenty Percent (20%) of Gross 

payments to Artists. 

The Hiring of Performance Artists 

15. After the Contract was executed with Defendants, Ghost Rocket acquired and 

arranged for performance artists Buckcherry, Uncle Kracker, Pop Evil, and Alien Ant Farm 

(collectively the “Performance Artists”) to perform at the Event. 

16. Defendants did not pay Ghost Rocket the retainer of $5,000, as required under the 

Contract. 

17. Despite Defendants’ failure to pay Ghost Rocket its retainer, Ghost Rocket 

continued to perform its obligations under the Contract and received approval for each artist’s fees 

from Defendants and secured the Performance Artists for the Event. 

18. Ghost Rocket had to leverage decades of relationships with artists and agencies in 

order to secure each artist’s performance at the Event. Ghost Rocket worked directly with TKO 

booking agency and Creative Artists Agency (“CAA”) in order to secure artists for the Event. 

19. Talent agencies operate on a reputation and experience basis. In the industry, a 

solid reputation and trusted experience are the only way that talent purchasers like Danelon and his 

company Ghost Rocket are able to book artists. 

20. TKO is one of the premier rock music agencies in North America. Danelon has 

fostered and built a relationship with TKO for over (10) years which includes the successful hiring 

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of talent from TKO with a hundred percent (100%) perfect standing of payment and fulfillment of 

artists. TKO is the agency for artists Buckcherry and Alien Ant Farm. 

21. CAA is one of the largest talent agencies in the world. Danelon has fostered and 

built a relationship with CAA for over ten (10) years which includes the successful hiring of talent 

from CAA with a hundred percent (100%) perfect standing of payment and fulfillment of artists. 

CAA is the agency for artists Uncle Kracker and Pop Evil. 

22. Beyond working with the agencies, Danelon also has to foster and develop 

relationships with each artist’s manager. Managers also greatly prefer to work with individuals or 

companies that have developed trust and a good business reputation in the industry. 

Required Performance Fees for the Performance Artists 

23. Based upon the booking of the Performance Artists for the Event, the following 

artist fees were determined and agreed upon: (i) Buckcherry’s performance fee was $40,000; (ii) 

Uncle Kracker’s performance fee was $40,000; (iii) Pop Evil’s performance fee was $30,000; and 

(iv) Alien Ant Farm’s performance fee was $10,000. The total fees for the Performance Artists 

were $120,000 and this amount was due in full to each agency prior to the Event from Defendants. 

24. The booking process for the Performance Artists required a deposit from 

Defendants, in the amount of fifty percent (50%) of the full performance fee to be paid 

immediately upon booking. 

25. Upon information and belief, on or around June 16, 2017, Defendants wired to 

CAA $30,000 for the artist fee deposits related to artists Uncle Kracker and Pop Evil. The total 

performance fee for these two artists was $70,000, so a deposit for these artists equaled $35,000. 

Defendants only wired $30,000 and did not provide CAA a break-down of the amounts due to each 

artist. Upon information and belief, CAA allocated the funds to pay Uncle Kracker $20,000 for the 

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deposit and Pop Evil $10,000 for the deposit. Therefore, Pop Evil was considered $5,000 short of 

the required deposit amount. 

26. Upon information and belief, on or around June 17, 2017, Defendants wired to 

TKO $25,000 for a deposit fee for the artists for Buckcherry ($20,000) and Alien Ant Farm 

($5,000). 

27. Upon information and belief, based upon Defendants’ failure to pay the entire 

deposit for Pop Evil, CAA demanded full payment of the artist fee for this artist prior to the Event. 

28. Upon information and belief, on or around June 26, 2017, Defendants wired to 

CAA an additional $15,000 which was applied by CAA to cover the remainder of Pop Evil’s 

deposit and Pop Evil’s full artist fee. 

29. Upon information and belief, on or around June 30, 2017, Defendants wired to 

CAA an additional $15,000 which was applied to Uncle Kracker’s artist fee. 

30. On July 1, 2017, Adkins, on behalf of Iron City, LLC, submitted a check to 

Danelon made out to BC World Wide Tours, Inc. in the amount of $20,000 for remaining fifty 

percent (50%) of the performance fee for the Event for performing artist Buckcherry. Upon 

information and belief, the check bounced. BC World Wide Tours, Inc. is Buckcherry’s business 

account. Since this had to be paid on the day of the event, upon information and belief, TKO 

directed Defendants to pay the band directly. 

31. Defendants also agreed to pay Pop Evil $600 in cash the day of the Event. 

Defendants did not pay this so Ghost Rocket paid Pop Evil this amount. 

32. The Performance Artists all performed as promised at the Event on July 1, 2017. 

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Non-payment by Defendants of Performance Artists’ Fees 

33. Defendants did not pay TKO or CAA the remaining amounts owed for Buckcherry, 

Uncle Kracker or Alien Ant Farm towards their full performance fee. 

34. Upon information and belief, after the Event, Defendants owed TKO $25,000 for 

the remaining performance fees for Alien Ant Farm ($5,000) and Buckcherry ($20,000). 

35. Upon information and belief, after the Event, Defendants owed CAA $10,000 for 

the remaining performance fees for Uncle Kracker. 

36. Shortly after the Event, Ghost Rocket sent an invoice to Defendants for all unpaid 

amounts due and owing to Ghost Rocket for its commission on each Performance Artist and its 

billable expenses. At that time, a total of $28,433.34 was owed to Ghost Rocket, unpaid by 

Defendants. A true and accurate copy of the July 5, 2017 Invoice is attached to the Complaint as 

Exhibit 2. 

37. Based upon Defendants’ failure to pay the full amounts to TKO and CAA, both 

agencies reached out directly to Ghost Rocket and Danelon and demanded full payment for their 

artists’ performances. TKO and CAA both threatened to take legal action against Ghost Rocket 

and Danelon for the booking of the Performance Artists to perform at an Event where they were 

not fully compensated. 

38. Based upon Ghost Rocket and Danelon’s relationship and reputation with the 

agencies, spanning over a decade, Ghost Rocket had no choice but to pay the artists and agencies 

directly in order to prevent damage, or further damage, to his reputation and relationships with the 

artists and agencies. Danelon had to take out loans in order to make payments to both TKO and 

CAA towards the outstanding artist fee amounts owed by Defendants. 

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39. On July 12, 2017, Danelon personally paid TKO $5,000 for the remaining 

performance fee related to Alien Ant Farm. 

40. Upon information and belief, on or around August 2, 2017, Defendants wired an 

additional $2,500 to CAA for part of the remaining artist fee owed to Uncle Kracker. 

41. On December 1, 2017, Danelon personally paid CAA $2,500 for part of the 

remaining performance fee related to Uncle Kracker. 

42. On January 5, 2018, Danelon personally paid CAA $5,000 for the remaining 

performance fee related to Uncle Kracker. 

43. Unfortunately, even with Danelon’s additional payments to CAA and TKO, the 

relationships with both agencies have been tarnished by Defendants’ conduct and failure to pay the 

artist their fees. Specifically, TKO told Danelon that it will not work with him or Ghost Rocket 

again. Both TKO and CAA can still, and may, bring lawsuits like they have threatened against 

Ghost Rocket and Danelon based upon this Event. Both agencies can also tarnish Ghost Rocket 

and Danelon’s reputation in the music industry as it relates to other agencies and management 

companies. 

44. Ghost Rocket’s business has suffered since the Event, due in part to the artists not 

receiving full payment for performances and due to the loan amount and monetary obligation that 

Ghost Rocket had to take on in order to make an effort towards resolving this issue with the 

agencies. 

Defendants’ Obligations to Pay 

45. Upon information and belief, as of the date of the filing of this Complaint, 

Defendants still have not paid $7,500 to CAA as promised for the performance fee for Uncle 

Kracker. 

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46. Upon information and belief, as of the date of the filing of this Complaint, 

Defendants still have not paid $20,000 to TKO Agency as promised for the performance by 

Buckcherry and has not paid $5,000.00 to TKO Agency as promised for the performance by Alien 

Ant Farm. 

47. As of the date of this filing, Defendants have failed to pay the contracted consulting 

fee to Ghost Rocket for the Performance Artists in the amount of $24,000.00. 

48. As of the date of this filing, Defendants have failed to pay any contractual 

reimbursable funds to Ghost Rocket pursuant to the Contract in the amount of $4,667.34. 

49. Ghost Rocket has specifically demanded payment from Defendants for the amount 

owed under the Contract and reimbursement for the amounts paid by Ghost Rocket personally to 

CAA, TKO, and Alien Ant Farm. Defendants have continuously promised to pay the full amounts 

owed but have failed to fulfil their contractual duties of payment and have failed to honor their 

continued promises to repay Ghost Rocket the amounts it is owed. 

50. In June and July 2017, Adkins sent multiple texts and emails to Ghost Rocket and 

Danelon making multiple representations including promising to: (1) send wires with the full 

amount of money, (2) provide checks on the date of the Event for the outstanding amount owed, 

and (3) pay the full amounts owed to Ghost Rocket. These representations were false as 

Defendants have not paid, knew that they did not have the ability to pay, and never intended to 

pay. Defendants knew that Ghost Rocket would fulfill its responsibilities to have all the 

Performance Artists perform at the Event and that Ghost Rocket was specifically relying upon 

Defendants’ misrepresentations for payment to organize and pay the Performance Artists. 

51. Ghost Rocket and Danelon relied upon Defendants’ continued promises to pay by 

securing the Performance Artists and fronting the amounts owed to the agencies from Defendants. 

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52. On September 28, 2017, undersigned counsel sent a letter to Defendants with an 

updated Invoice and a demand for payment. Defendants did not respond to that letter. A true and 

accurate copy of the September 28, 2017 correspondence is attached hereto as Exhibit 3. 

53. As of the filing of this Complaint, Defendants owe $61,167.34 under the Contract 

with Ghost Rocket and the reimbursements owed from the Event. A true and accurate copy of the 

invoice is attached hereto as Exhibit 4. 

COUNT ONE (Breach of Contract) 

54. Ghost Rocket incorporates the above allegations as if fully restated herein. 

55. Defendants agreed to be bound and obligated to the terms and conditions under the 

Contract. 

56. Ghost Rocket has fully performed all of its obligations under the Contract. 

57. The failure to pay all the amounts owed under the Contract is a material breach of 

the Contract. 

58. Defendants have breached the Contract they entered into with Ghost Rocket by 

failing (i) to pay the full amounts of performance fees to TKO and CAA; (ii) to pay any and all 

reimbursable expenses of Ghost Rocket; (iii) to pay retainer to Ghost Rocket; and (iv) to pay the 

agreed upon consulting fees to Ghost Rocket. 

59. As a result of Defendants’ material breach of the Contract, Ghost Rocket is entitled 

to a judgment in its favor against Defendants in an amount to be determined at trial, but not less 

than $61,167.34, and all such other relief as is available. 

COUNT TWO (Unjust Enrichment, in the alternative to Count One) 

60. Ghost Rocket incorporates the above allegations as if fully restated herein. 

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61. Defendants’ failure to abide by their obligations under the Contract conferred 

upon them a benefit of not less than $61,167.34. 

62. Specifically, Ghost Rocket paid the agencies directly the amount owed by 

Defendants. 

63. Ghost Rocket is responsible for over $32,500.00 to TKO and CAA related to 

performance fees owed for performing artists Buckcherry, Uncle Kracker, and Alien Ant Farm 

that was the sole and contractual responsibility of Defendants. 

64. Ghost Rocket personally paid $12,500 to CAA and TKO related to the 

performance fees left unpaid by Defendants. 

65. Defendants were obligated to pay all obligations under the Contract and would be 

unjustly enriched by Ghost Rocket if the Defendants are not required to pay the full amount 

owed. 

66. As a result of the unjust enrichment, Ghost Rocket is entitled to a judgment in its 

favor against the Defendants in an amount to be determined at trial, but not less than $61,167.34, 

and all such other relief as is available. 

COUNT THREE (Promissory Estoppel, in the alternative to Counts One and Two) 

67. Ghost Rocket incorporates the above allegations as if fully restated herein. 

68. Since April 2017, Ghost Rocket performed all obligations under the Contract 

based upon the promise for payment from Defendants. 

69. Ghost Rocket relied upon the promise of payment and acceptance of all the 

obligations under the Contract by Defendants in agreeing to enter into the Contract with 

Defendants and by performing its obligations under the Contract, in full. 

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70. Ghost Rocket’s reliance was reasonable as the terms of payment by Defendants 

would be expected for its work in procuring the Performance Artists and securing their 

attendance at the Event. 

71. As a result of the reliance upon the Defendants, Ghost Rocket is entitled to a 

judgment in its favor against the Defendants in an amount to be determined at trial, but not less 

than $61,167.34, and all such other relief as is available. 

COUNT FOUR – (Fraud) 

72. Ghost Rocket incorporates the above allegations as if fully restated herein. 

73. In April 2017, and through the present time, Adkins fraudulently represented that 

he was authorized to act on behalf of Iron City, LLC and that Iron City, LLC was a limited 

liability company in Ohio. Adkins fraudulently purported to act on behalf of Iron City, LLC by 

executing the Contract under the name Iron City, LLC and submitting checks under the name 

Iron City, LLC. 

74. On multiple occasions through and including June and July 2017, Adkins made 

oral and written promises and representations to Ghost Rocket regarding his promise to pay artist 

fees in full, reimburse Ghost Rocket for its expenses, and pay Ghost Rocket its consulting fees. 

75. On multiple occasions through and including June and July 2017, Adkins made 

oral and written promises and representations to Ghost Rocket that he was making wire transfers 

of money for the Performance Artists’ fees, when he was not. 

76. The promises and representations made by Adkins were false and Adkins either 

knew he had no intention to ever pay, did not have the funds to pay, or acted in reckless 

disregard to his ability to pay for the services provided to him. 

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77. Adkins knew that his multiple promises and representations to pay would be 

relied upon by Ghost Rocket and that Ghost Rocket would undertake obligations and debts based 

upon the reliance of payment from Adkins. 

78. Ghost Rocket did in fact rely upon Adkins’ misrepresentations and was damaged 

as a result of Adkins’ fraud in an amount to be determined at a trial in this matter. 

COUNT FIVE – (Fraudulent Inducement) 

79. Ghost Rocket incorporates the above allegations as if fully restated herein. 

80. Adkins made oral and written promises and representations to Ghost Rocket 

regarding Iron City, LLC, including entering into a contract on behalf of Iron City, LLC and 

making multiple promises to pay the Performance Artists’ fees in full, reimburse Ghost Rocket 

for its expenses, and pay Ghost Rocket its consulting fees under the name Iron City, LLC. 

81. The promises and representations made by Adkins were false as Iron City, LLC is 

not a limited liability company in Ohio. Adkins knew that Iron City, LLC was not a legal entity 

and Adkins had no authority to enter into any contract on behalf of Iron City, LLC. 

82. Adkins knew that the multiple promises and representations that Iron City, LLC 

was a legal entity in the state of Ohio would be relied upon by Ghost Rocket and that Ghost 

Rocket would enter into the Contract with Iron City, LLC and undertake obligations and debts 

based upon the reliance from Adkins. 

83. Ghost Rocket did in fact rely upon Adkins’ misrepresentations and was damaged 

as a result of Adkins’ fraudulent inducement in an amount to be determined at a trial in this 

matter. 

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WHEREFORE, Ghost Rocket Music, LLC respectfully demands judgment as follows: 

1. As to Count One against Iron City, LLC and Jason Adkins, damages in an amount 

to be determined at trial, but not less than $61,167.34, and all such other relief as is available, plus 

interest; 

2. As to Count Two against Iron City, LLC and Jason Adkins, in the alternative to 

relief under Count One, damages in an amount to be determined at trial, but not less than 

$61,167.34, and all such other relief as is available, plus interest; 

3. As to Count Three against Iron City, LLC and Jason Adkins, in the alternative to 

relief under Counts One and Two, damages in an amount to be determined at trial, but not less 

than $61,167.34, and all such other relief as is available, plus interest; 

4. As to Count Four against Iron City, LLC and Jason Adkins, damages in an 

amount to be determined at trial, and all such other relief as is available, plus interest; 

5. As to Count Five against Iron City, LLC and Jason Adkins, damages in an amount 

to be determined at trial, and all such other relief as is available, plus interest; 

6. Costs of this action, collection and reasonable attorney fees; 

7. An award of punitive or exemplary damages, attorney fees, costs, post-judgment 

interest, pre-judgment interest, and such further order of relief as may be appropriate in law or 

equity. 

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Respectfully submitted, 

/s/ Joseph C. Pickens

Joseph C. Pickens (0076239) (Trial Counsel) 

Celia M. Schnupp (0085207) 

Leon D. Bass (0069901) 

Taft Stettinius & Hollister LLP 

65 East State Street, Suite 1000 

Columbus, OH 43215 

Telephone: 614-221-2838 

Fax: 614-221-2007 

Email: cschnupp@taftlaw.com 

jpickens@taftlaw.com 

lbass@taftlaw.com 

Attorneys for Plaintiff 

22287069.2 

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