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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The Case 2:20-cv-01218-RSL-MLP Document 139 Filed 12/18/20 Page 1 of 29 1 THE HONORABLE RICHARD A. JONES 2 THE HONORABLE MARY ALICE THEILER 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 VICKY CORNELL, individually, and in No. 2:20-cv-01218−RAJ−MAT her capacity as the Personal Representative 10 of the Estate of Christopher John Cornell SECOND AMENDED COMPLAINT a/k/a Chris Cornell, 11 JURY DEMAND Plaintiffs, 12 v. 13 SOUNDGARDEN, a purported 14 Washington General Partnership, KIM A. THAYIL, MATT D. CAMERON, 15 HUNTER BENEDICT SHEPHERD, RIT VENERUS and CAL FINANCIAL 16 GROUP, INC., 17 Defendants. 18 19 Plaintiff Vicky Cornell, individually and in her capacity as the Personal Representative of 20 the Estate of Christopher John Cornell (collectively, “Plaintiffs”), hereby files Plaintiffs’ First 21 Amended Complaint against defendants Soundgarden, Kim Thayil, Matt Cameron, Hunter 22 Benedict Shepherd, Rit Venerus, and Cal Financial Group, Inc. (collectively, “Defendants”). 23 24 25 26 SECOND AMENDED COMPLAINT Perkins Coie LLP (No. 2:20−cv−01218−RAJ−MAT)–1 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:20-cv-01218-RSL-MLP Document 139 Filed 12/18/20 Page 2 of 29 1 I. INTRODUCTION 2 “Everybody out for my blood, everybody want my percent ... 3 They just want to take what is mine, how much more can they get.” 4 - Sweet Revenge 5 1. In 2009, Chris Cornell penned these lyrics about his former Soundgarden 6 bandmates after they unlawfully (and unsuccessfully) attempted to deprive him of his rights in 7 connection with the valuable musical works that he created for the band. A decade later, and after 8 Chris’ untimely passing, these lyrics hauntingly resonate as his former bandmates, once again, 9 attempt to “take what is his” – or, more aptly, attempt to steal from his widow and minor children. 10 This wrongful conduct shamefully started shortly after Chris’ untimely death and ultimately left 11 his widow, Vicky Cornell, with no choice but to bring this lawsuit. 12 2. This case arises out of the disgraceful conduct of Chris’ former Soundgarden 13 bandmates – Kim Thayil, Matt Cameron, and Ben Shepherd – who, along with their business 14 manager, Rit Venerus, have wrongfully withheld hundreds of thousands of dollars indisputably 15 owed to Chris’ widow and minor children in an unlawful attempt to strong-arm Chris’ Estate into 16 turning over certain audio recordings created by Chris before he passed away. 17 3. The contents of the disputed audio recordings vary. However, as relevant here, the 18 disputed recordings consist of Chris’ vocal recordings for the musical works presently titled: 19 “Ahead of the Dog,” “Mermass,” “Cancer,” “Stone Age Mind,” “Road Less Traveled,” “At 20 Ophion’s Door,” and “Orphans.” Chris’ vocal recordings for these seven musical works were 1 21 recorded separately from the band (collectively, “Chris’ Vocal Recordings”). 22 4. In addition to exerting this financial pressure, Chris’ former band members have 23 menaced Chris’ family with false media statements intended to rile the cyber-stalkers who have 24 1 In their sworn interrogatory responses, the band members concede that – with the exception of one version 25 of “Cancer” – Chris’ Vocal Recordings were performed and recorded outside of their presence and were sent to them, upon completion, via demos. Moreover, there is no dispute between the parties as to who wrote the underlying 26 compositions. See Ex. A (conceding that Chris wrote all seven songs, in whole or in part); see also Dkt. 43 (noting that the band does not deny Chris’ authorship of the underlying compositions). SECOND AMENDED COMPLAINT Perkins Coie LLP (No. 2:20−cv−01218−RAJ−MAT)–2 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:20-cv-01218-RSL-MLP Document 139 Filed 12/18/20 Page 3 of 29 1 been making vile online accusations, as well as the real-life stalker, who was recently released 2 from federal prison after being incarcerated for threatening Vicky’s life. The former band members 3 have publicly broadcast, as well as leaked, misinformation regarding Vicky to intensify the hateful 4 targeting of Chris’ family, in an attempt to weaken Vicky’s resolve and have her relinquish 5 Plaintiffs’ rights in Chris’ Vocal Recordings. The band members have encouraged and fomented 6 these cyber-stalkers despite: (i) having been shown examples of the online hate directed towards 7 Chris’ children; (ii) pleas from Chris’ minor children to quell the online harassment; and 8 (iii) knowing that Chris’ family has needed FBI protection and remains susceptible to physical 9 harm. By knowingly imperiling Chris’ family – including his children, who are still grieving from 10 their father’s death – with such callous cruelty, the former band members have revealed their 11 monstrous avarice for Chris’ Vocal Recordings. 12 5. The band members’ shameful conduct towards Chris’ family is consistent with their 13 animus towards Chris, displayed when they failed to so much as turn around their tour bus upon 14 learning of Chris’ death and when they failed to check in with Chris’ grieving family.2 15 6. All of Chris’ copyright interests, including those embodied in Chris’ Vocal 16 Recordings, were bequeathed to Chris’ Estate for the benefit of his widow, Vicky, and their minor 17 children. Similarly, all of the rights in Chris’ name, likeness, voice, portrait, photograph, and other 18 indicia of his identity (“Name and Likeness”) are personal rights that belong to Chris and which 19 were bequeathed to Chris’ Estate for the benefit of his widow, Vicky, and their minor children. 20 7. Vicky long ago offered to share Chris’ Vocal Recordings with the band, provided 21 that the final recordings were released in a way that would respect her late husband’s legacy and 22 wishes (including to have his trusted producer involved in the process). The band refused, 23 however, on the erroneous contention that Chris’ Vocal Recordings are somehow the sole property 24 25 2 The band members’ disdain for Chris’ family was confirmed in their Counterclaim, in which they emphasized that they would not have performed at Chris’ Tribute Concert unless all proceeds were devoted to a 26 charitable foundation (which they indisputably were), suggesting that the band was otherwise unwilling to lend support to Chris’ family. SECOND AMENDED COMPLAINT Perkins Coie LLP (No. 2:20−cv−01218−RAJ−MAT)–3 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:20-cv-01218-RSL-MLP Document 139 Filed 12/18/20 Page 4 of 29 1 of the Soundgarden partnership and that the band is entitled to unilaterally dictate how Chris’ 2 Vocal Recordings should be utilized and commercially exploited. In the band’s words, Chris’ 3 family possesses zero rights in Chris’ Vocal Recordings. (See Ex. A). 4 8. After rejecting Vicky’s offer to share Chris’ Vocal Recordings according to Chris’ 5 wishes, Defendants resorted to the above-described strong-arm tactics by withholding royalties 6 undeniably owed to Chris’ Estate (on which Chris’ three surviving children are dependent) and 7 rallying public animosity against Chris’ family. 8 9. Vicky brings this action as a last resort, as numerous attempts to work with the band 9 to ensure that Chris’ Vocal Recordings are released in a manner that honors Chris’ legacy and 10 wishes have failed. The band members insist that – the absence of any written agreement 11 notwithstanding – they solely own Chris’ Vocal Recordings and can use the recordings and Chris’ 12 Name and Likeness in any manner that they deem fit. 13 10. Through this action, Vicky seeks to vindicate her late-husband’s rights in the 14 disputed recordings, to recover the substantial sums of money and personal property that are being 15 unlawfully withheld by Venerus and the band, and to emphatically answer the lyrical question her 16 husband raised about his former bandmates, “how much more can they get?” NOTHING. 17 II. PARTIES, JURISDICTION, AND VENUE 18 A. The Parties. 19 11. Plaintiff Vicky Cornell (hereinafter, “Vicky”) is the widow of rock icon 20 Christopher John Cornell (né Boyle) (“Chris”), and the Personal Representative of the Estate of 21 Christopher John Cornell. Vicky married Chris in 2004, is the mother of their two minor children, 22 and the primary source of financial support for Chris’ first daughter from a prior marriage. Vicky 23 and Chris moved to the State of Florida in 2013. Even though Vicky and Chris have owned or 24 rented other properties since 2013 (including a home in New York),3 Florida has been Vicky’s 25 26 3 A certificate of occupancy for the New York home was not issued until October of 2016. Even after this date, flooding issues prevented the Cornell family from using their New York home. SECOND AMENDED COMPLAINT Perkins Coie LLP (No. 2:20−cv−01218−RAJ−MAT)–4 1201 Third Avenue, Suite 4900 Seattle, WA 98101-3099 Phone: 206.359.8000 Fax: 206.359.9000 Case 2:20-cv-01218-RSL-MLP Document 139 Filed 12/18/20 Page 5 of 29 1 permanent and principal home since 2013. Vicky presently resides in Florida, is domiciled in 2 Florida, and intends to remain domiciled in Florida. 3 12. Plaintiff the Estate of Christopher John Cornell (the “Estate”) is Chris’ estate. Chris 4 was an internationally-renowned musician, singer, and songwriter – best known as the lead vocalist 5 for the rock bands Soundgarden and Audioslave – with an octave-scaling voice and a signature 6 vocal belting technique.
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