It is generally considered to be a well-known rule of thumb that when dealing with the Danny's family of strip clubs, get your money up-front. One local attorney ignored this rule and is now forced to sue so he can get paid.
Jackson attorney Mike Farrell sued Danny Owens, his son Dax Owens, Black Diamonds, Danny's, and other Owens-owned businesses in Hinds County Court in October for payment of legal fees. The complaint states:
14. The defendants initially retained the services of the plaintiff to represent them in a Department of Labor investigation claiming that Baby O Restaurant, Inc. dba "Danny's" had improperly paid the dancers. Dax Owens made the initial contact to retain the plaintiff. When he was presented with a proposed retainer agreement. Dax Owens stated he could not enter into the agreement without the approval of is father Danny McGee Owens, Dax Owens obtained that approval and therefore signed the engagement agreement on 7/7/14 on behalf of the defendants.
15. The defendants agreed to pay the plaintiff $305 per hour for his services. As part of that agreement, the defendant paid an initial retainer of $5,000 and agreed to thereaner pay when billed.
Mr. Farrell claims that he spent over 140 hours representing the defendants for a fee of $37,752 in 2015. Demand for payment was made but the defendants refused to pay Farrell his fees. The attorney also accused The Owenses of playing corporate shell games:
7. Danny Owens and Dax Owens frequently change the corporate name of the entitles that operate the gentlemen's clubs to a avoid creditors They failed to file annual statement or/pay the franchise tax and therefore caused some of the corporate defendants to be suspended by Mississippi Secretary of State and thereby lose their corporate status.
8. The corporate defendants that are in good standing with the Mississippi Secretary State are: (1) Danny's Restaurant, LL, (2) Danny's of Jackson, LLC and (3) Black Diamonds of Jackson, LLC, and Baby O's of Jackson, LLC
9. The corporate defendants that are no longer in good standing with the Mississippi Secretary of State are: (1) Parcel Dr. Restaurant, Inc., (2) Parcel Dr. Entertainment, LLC and (3) Rankin Street Restaurant, Inc. and Bab O Restaurant, Inc.
10. As owners and managers, Dax Owens and Danny Owens have a personal liability for the liabilities of those former corporate) entities that have been suspended by the Secretary State.Owenses answered the complaint in November and filed a motion to dismiss that was rather um, intriguing:
2. As to Black Diamonds of Jackson, LLC, no service has been perfected. It’s registered agent was removed in September 2016 and not replaced. Additionally, prior to the filing of the Complaint, on or about September 6, 2017, the Mississippi Secretary of State issued a notice of intent to dissolve the entity; as such, it may not exist at the time of filing the Complaint. Further, the basis for the Complaint references two statements dated 7/5/15 and 8/11/15. Black Diamonds of Jackson, LLC did not exist until February 25, 2016, and as such, it could not have contracted with the Plaintiff. Additionally, no written contract between Black Diamonds of Jackson, LLC and the Plaintiff was filed with the Complaint. As the amount alleged to be in issue exceeds the amount set forth in the Statute of Frauds with no writing to support the same, the Complaint is due to be dismissed as to this Defendant. (KF: Statute of Frauds? Are they serious?)
As to Baby O’s of Jackson, LLC, no service has been perfected. It’s registered agent for service of process is Linda D. Hilty. Ms. Hilty has not been served. Additionally, prior to the filing of the Complaint, on or about September 6, 2017, the Mississippi Secretary of State issued a notice of intent to dissolve the entity; as such, it may not exist at the time of filing the Complaint. Further, the basis for the Complaint references two statements dated 7/5/15 and 8/11/15. Baby O’s of Jackson, LLC did not exist until November 2, 2016, and as such, it could not have contracted with the Plaintiff. No written contract between Baby O’s of Jackson, LLC and the Plaintiff was filed with the Complaint. As the amount alleged to be in issue exceeds the amount set forth in the Statute of Frauds with no writing to support the same, the Complaint is due to be dismissed as to this Defendant.
The case is assigned to Judge Melvin Priester, Sr. The complaint and motion to dismiss are posted below.
Kingfish note: Should've gotten paid first. Good luck to Mr. Farrell.
19 comments:
h. byron carter will be the next lawyer sueing the owens family to get paid. who is he you ask? hes the attorney who answered this complaint filed by atty mike ferrall
I thought Danny was still in prison.
Fleas Navidad
Payment upfront is always most prudent. Perhaps he could settle for a lifetime pass, including free entry and one courtesy lap dance at all Danny’s establishments. It would save him money in the long run.
Mr. Owens completed his sentence earlier this year.
My firm has been contacted by club owners many times over the years to help locate sites for their establishments...we declined !!!!!
James Scarff have filed suit as well for his Attorney’s fees as he claims he was not paid as well.
Numerous attorneys have complained that they are paid in one dollar bills.
He probably wants a check, but would he settle for heavily used bills?
Knowing where they have been?
When you are hired by a company to screw the IRS and the state out of their share of payroll taxes and you end up getting screwed yourself. Priceless.
I hope Mike gets every penny, and every nickle and dime while he's at it. God Bless Him. He is certainly up against cheats and liars.
Mike is too old for lap dances. He should have declined the invitation to get involved with these scoundrels. But, to a hungry attorney, any port in a storm.
On a positive note, I've attended Mike's sessions on sexual harassment. Perhaps he can use this lesson to his advantage, assuming he visited the club for interviews.
to 2:25......'should have declined".........boy, thats easy to say now. i concede your point. if things were different they wouldn't be the way they are now. you are not nearly as funny as you think you are.
Mike is a hard worker, good lawyer, and patient person.
He will prevail....he’s stubborn enough to wait.
Isn’t this the same gang that attorney Matthew Moore, a young man, was working for when he was gunned down in the parking lot of his office in downtown Jackson? I was so horrified. I’ve always believed there was some connection. Just my opinion but we don’t want these people in this town. They have done enough damage already. Mike get your money back and never talk to those people again.
I didn't approve your comment because you didn't capitalize one word.
Mike is a fool. If your client is a business owner who always demands up front payment from his "customers", why would you not, therefore, take that clue and demand up front payment from HIM?
Why can't these dirtbags just do what is right for once? They have plenty of money. Just operate your business legally. It makes no sense that Blake Owens has his son in a Baptist private school and he still operates titty clubs, deals in drugs etc. So sad. The acorn does not fall far from the tree. You would think he would want better for his son. I wonder what his answer will be when the teacher asks him what his daddy does for a living??!!!!
These backwoods idiots are nothing but conmen. Funny listening to them try to “act” like businessmen. All they do is go from person to person and rip them off
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