2:19-cv-00366-RMG Date Filed 01/07/21 Entry Number 137 Page 1 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Andrew Green and Shirley Green, as )
legal guardians of N.G. (a minor child) )
and Andreia Samoria Green ) Case No. 2:19-cv-00366-RMG
)
Plaintiffs, )
)
v. ) ORDER APPROVING MINOR
) SETTLEMENT
Kanye West; Getting Out Our Dreams, )
II, LLC; UMG Recordings, Inc. a/k/a )
Universal Music Group; Def Jam )
Recordings; Cydel Young d/b/a Mr. )
Redan Music a/k/a Mr. Redan; BMG )
Rights Management (US), LLC a/k/a )
BMG Platinum Songs US and John Does )
1-30; )
)
Defendants. )
This matter comes before the Court on Plaintiffs’ Verified Petition to Approve a Minor
Settlement (the “Petition”) pursuant to S.C. Code § 62-5-433 and Local Civil Rule 17.02. (Dkt.
No. 134-1).
As described in the Petition and in the Amended Complaint, Plaintiffs Andrew Green and
Shirley Green are the adoptive parents of N.G a minor child, by order of Adoption of the
Fairfield County Family Court dated December 10, 2012. (Dkt. Nos. 15; 134-1 at 1). Plaintiff
Andrew Green was appointed as the conservator of N.G. by order of the Fairfield County
Probate Court dated October 28, 2020. (Dkt. No. 134-1 at 2). Plaintiffs seek relief regarding
injuries Plaintiffs suffered as a result of Defendants’ alleged unauthorized sampling of a 2016
audio recording of N.G. praying over Plaintiff Andreia Samoria Green (“the Green Recording”).
Plaintiffs also uploaded a video of the Green Recording on the video sharing platform Instagram.
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(Id. at ¶ 22). Plaintiffs allege that on or about February 8, 2016, an attorney for Defendants West,
Good, UMG, and Def Jam contacted Alice T. Johnson (N.G.’s biological mother) and requested
permission to use the audio from the Green Recording. (Id. at ¶ 25). Plaintiffs further allege that
Ms. Johnson agreed to preliminarily allow Defendant West to use the Green Recording in a song
on his upcoming album, provided payment was received later, but Ms. Johnson did not have the
authority to act on N.G.’s behalf, as Plaintiffs Andrew and Shirley Green were N.G.’s adoptive
parents. (Id. at ¶¶ 27, 28, 29).
The audio of the Green Recording is featured on Defendant West’s album titled “The
Life of Pablo”, specifically on the song “Ultralight Beam.” (Id. at ¶¶ 30, 33). The Plaintiffs seek
relief under the Copyright Act (17 U.S.C. § 101 et seq.) for direct, contributory, and vicarious
copyright infringement. (Id. at ¶¶ 38-59). They also seek relief for Defendants’ knowing and
intentional communication of false copyright management information, in violation of the
Digital Millennium Copyright Act (17 U.S.C § 1202). (Id. at ¶¶ 60-65). The Plaintiffs also seek
relief for violations of their rights to privacy under South Carolina state law and violations of the
South Carolina Unfair Trade Practices Act. (Id. at ¶¶ 66-78). Defendants deny Plaintiffs’
allegations and deny any liability or wrongdoing. (Dkt. No. 25).
The Court conducted a hearing by telephone on January 7, 2021 which was attended by
all parties and during which the proposed terms of the settlement were discussed. These
proposed terms include:
1. A global settlement figure of $350,000.00;
2. Net Settlement Proceeds of $185,196.96;
3. Proceeds Payable to Andreia Samoria Green of $60,000.00;
4. Proceeds payable to Andrew Green as Conservator for N.G. for $125,196.96, and to
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be deposited into a restricted account as required by the Fairfield County Probate Court;
5. Attorney’s Fees of $140,000.00 based on 40% contingency fee paid to Luck VI, Ltd.
Co. d/b/a Jason Scott Luck, Attorney at Law and Lesemann & Associates, LLC;
6. Litigation Expenses of $24,803.04 paid to Luck VI, Ltd. Co. d/b/a Jason Scott Luck
Attorney at Law and Lesemann & Associates, LLC.
(Dkt. No. 134-1 at 4).
During the hearing, the Court confirmed that all parties were properly represented and
before the Court, that no question existed as to misjoinder or nonjoinder of parties, and that
subject matter jurisdiction was proper. Further Plaintiff Andrew Green, as conservator of N.G.,
testified under oath that the proposed settlement was fair and reasonable and in the best interests
of N.G. Last, counsel for Plaintiffs in this case rendered a summary of their services. Plaintiffs’
counsel indicated they investigated this case, drafted and filed the complaints, conducted
extensive written discovery, located and retained experts, drafted and defended multiple
motions, performed legal analysis regarding Plaintiffs’ claim, and participated in two
mediations. (Dkt. No. 134-1).
Upon careful consideration of the above information and the proposed settlement, the
Court finds that Plaintiffs’ Verified Petition to Approve a Minor Settlement (Dkt. No. 134-1)
satisfies the requirements of S.C. Code § 62-5-433 and Local Civil Rule 17.02 and the proposed
settlement is fair and reasonable under the circumstances and is in the best interests of N.G..
Consequently, the Court hereby APPROVES the proposed settlement, as set forth in the Petition
and in this Order and authorizes Plaintiffs to execute appropriate settlement documents. This
action is DISMISSED WITH PREJUDICE with both sides to bear their own attorneys’ fees
and costs.
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AND IT IS SO ORDERED.
s/Richard Mark Gergel
Richard Mark Gergel
United States District Judge
January 7, 2021
Charleston, South Carolina
