SoFla Sports V EPIC and Ronald Butler

FILED: NEW YORK COUNTY CLERK 11/15/2018 12:11 PM INDEX NO.
655696/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/15/2018
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
Index No.:
SOFLA SPORTS, LLC,
SUMMONS
Plaintiff,
DATE FILED:
- against –
Plaintiff designates New York County
as the venue for the place of trial.
ENTERTAINERS & PLAYERS INNOVATIVE
CONSULTANTS, LLC, and RONALD BUTLER
Defendants.
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve
a copy of your Answer, or, if the Complaint is not served with this Summons, to serve a Notice
of Appearance on the Plaintiff’s attorneys within 20 days after the service of this Summons,
exclusive of the day of service (or within thirty (30) days if this Summons is not personally
delivered to you within the State of New York); and, in case of your failure to appear or answer,
judgment will be taken against you by default for the relief demanded in the Complaint.
Dated: New York, New York

November 15, 2018 ROBINSON BROG LEINWAND
GREENE GENOVESE & GLUCK, P.C.
By: /s/ Peter R. Ginsberg

Peter R. Ginsberg, Esq.
875 Third Ave, 9th Floor
New York, NY 10022-0123
(212) 603-6300
(prg@robinsonbrog.com)
Attorneys for Plaintiff
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FILED: NEW YORK COUNTY CLERK 11/15/2018 12:11 PM INDEX NO. 655696/2018
TO: RONALD BUTLER

11538 SW 235th Street
Homestead, Florida 33032
ENTERTAINERS & PLAYERS

INNOVATIVE CONSULTANTS, LLC
1900 North Bayshore Drive, Suite 2118
Miami, Florida 33132
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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
Index No.:
SOFLA SPORTS, LLC,
Plaintiff, COMPLAINT
- against –
ENTERTAINERS & PLAYERS INNOVATIVE

CONSULTANTS, LLC and RONALD BUTLER,
Defendants.
Plaintiff SoFla Sports, LLC (“SoFla”), by its attorneys, Robinson Brog Leinwand Greene
Genovese & Gluck P.C., allege as and for its Complaint against Defendants Entertainers &
Players Innovative Consultants, LLC (“EPIC”) and Ronald Butler (“Butler”) as follows:
INTRODUCTION
1. In approximately May 2017, Allan Guertin, the sole owner of SoFla, began
discussions with Alex Gavilla, the owner and CEO of EPIC, about the possibility of Gavilla
investing in SoFla and EPIC merging into SoFla. SoFla and EPIC are sports representation
companies that provide representation to NFL Players. Despite having been established in 2011,
EPIC at the time was a struggling business with few if any clients.
2. The discussions between Guertin and Gavilla continued for several months.
Unknown to Guertin, EPIC representatives also were having discussions with Ronald Butler, a
Certified NFL Contract Advisor employed at the time by SoFla.
3. EPIC and Butler hatched a scheme to steal SoFla clients in violation of Butler’s
fiduciary obligations, including his duty of loyalty, to SoFla and his contractual obligations.
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4. As part of EPIC’s and Butler’s conspiracy, Butler has engaged in a pattern of
fraud, deceit and dereliction of his duties and obligations, including his fiduciary obligations,
owed to SoFla. Working hand and hand with EPIC, Butler has diverted and otherwise deprived
SoFla of fees and commissions and tortiously interfered with SoFla’s business and personal
relationships with clients.
5. While still employed by SoFla, Butler entered into business relations with other
Certified Contract Advisors, at least one of whom is employed by EPIC, for the sole purpose of
diverting and otherwise depriving SoFla of fees and commissions to which it was and is entitled.
6. In early 2018, Butler joined EPIC as a member. At least since that time, EPIC has
interfered with SoFla’s relationships with its clients, including by convincing Players who were
using SoFla’s services to leave and become EPIC clients, using both financial and other
incentives and by impugning the reputation of SoFla and people associated with SoFla.
7. To the benefit of EPIC and Butler, Butler and other EPIC partners and employees
have acted in a manner that threatens to compromise SoFla’s standing in the community and in
the industry of sports agency, and Butler has failed and refused to abide by and commit to the
terms of his binding agreements with SoFla.
8. As a product of their conspiracy, Butler and EPIC have diverted or stand to divert
in excess of $2 million due to SoFla and have successfully caused approximately fifteen NFL
Players formerly represented by SoFla and SoFla Contract Advisors to leave SoFla and enter
contractual agency relationships with EPIC and EPIC Contract Advisors.
9. SoFla seeks damages for tortious interference with contractual relations, tortious
interference with prospective business relations, aiding and abetting a breach of fiduciary duty,
conversion and civil conspiracy.
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THE PARTIES
10. SoFla is a limited liability company organized under the laws of the State of
Florida with its principal place of business located at 2799 NW Boca Raton Blvd, Suite 203,
Boca Raton, Florida 33431.
11. EPIC is a limited liability company organized under the laws of the State of
Florida with offices located at 38 Stonehurst Lane, Dix Hills, New York 11746 and 1900 North
Bayshore Drive, Suite 2118, Miami, Florida 33132.
12. Butler is a natural person who resides at 11538 SW 235th Street, Homestead,
Florida 33032.
JURISDICTION AND VENUE
13. EPIC is subject to jurisdiction in the State of New York pursuant to N.Y.C.P.L.R.
§ 302(1), by transacting business within the State, and N.Y.C.P.L.R. § 302(2), by committing a
tortious act within the State. The owner and principal of EPIC, Alexander Gavilla, identifies 38
Stonehurst Lane, Dix Hills, New York 11746, as his place of business on the National Football
League Players Association (“NFLPA”) website.
14. Butler is subject to jurisdiction in the State of New York pursuant to
N.Y.C.P.L.R. § 302(1), by transacting business within the State, and N.Y.C.P.L.R. § 302(2), by
committing a tortious act within the State.
15. Venue is proper in New York County pursuant to N.Y.C.P.L.R. § 503(a), as
neither Defendant resides in the State of New York and Plaintiff designates New York County
for venue.
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FACTS COMMON TO ALL CAUSES OF ACTION
16. SoFla is a sports representation company which, both directly and through its
Contract Advisor employees, represents NFL Players, including in connection with their contract
negotiations with NFL teams and marketing opportunities. Allan Guertin is the sole owner of
SoFla.
17. EPIC is a sports representation company which, both directly and through its
Contract Advisor employees, also represents NFL Players and holds itself out on the NFLPA
website as conducting its business in Dix Hills, New York.
18. Butler is a former employee of SoFla providing representation to SoFla’s clients
and is now a partner in EPIC.
19. Impact Sports Management (“ISM”) is a sports representation company which,
both directly and through its Contract Advisor employees, represents players. Mitchell Frankel
is an owner of ISM and currently the sole ISM Contract Advisor.
20. The NFLPA certifies Contract Advisors to represent NFL Players as agents and,
among other things, to negotiate NFL contracts on behalf of Players and receive fees for their
representation.
21. ISM hired Butler in or around July 2010 to serve as a salaried consultant.
22. For various reasons, including that he could not pass the examination to become a
Certified Contract Advisor until September 2014, Butler remained in the position of a low-level
consultant and aid to ISM Certified Contract Advisors.
23. In or about July 2014, Butler, without notice and in violation of his duties and
obligations, including his fiduciary duties, left ISM in an effort to become an employee of a rival
agency, Select Sports Group, LLC (“SSG”), and to steal ISM’s clients.
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24. Butler returned to ISM as a consultant in or about August 2014 after a short and
unsuccessful tenure with SSG.
25. Butler finally received his certification to become an NFLPA Contract Advisor on
or about September 2014.
26. On January 19, 2015, Butler entered into an employment agreement with SoFla
(“Butler Employment Agreement”) after being informed that he could no longer continue as an
ISM consultant. Butler’s employment agreement with SoFla was thereafter extended in writing
at least nine times, including as recently as December 1, 2017, until it terminated on December
31, 2017.
27. According to the Butler Employment Agreement, Butler was obligated to “serve
as an employee of SoFla under the direction of SoFla’s Manager.” (Butler Employment
Agreement ¶ 1.)
28. With regard to fees and commissions received at any time during or after Butler’s
SoFla employment from NFL players who at any time during Butler’s SoFla employment were
SoFla Clients, as that term is defined in the Butler Employment Agreement, such fees and
commissions “shall be solely for the account of SoFla and paid to SoFla.” (Butler Employment
Agreement ¶ 9.)
29. The Butler Employment Agreement explicitly states that the arrangement set forth
in Paragraph 9 remains in place even after Butler’s SoFla employment terminates.
30. SoFla, following receipt of fees and commissions, is obligated to distribute such
fees and commissions pursuant to the terms and conditions of the Butler Employment
Agreement. Paragraph 14 of the Butler Employment Agreement provides:
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POST-EMPLOYMENT FUND ADMINISTRATION:
a. All gross revenue from any source generated by all

Butler Clients must be paid to SOFLA, whether Butler is
employed by SOFLA or otherwise. SOFLA shall then
distribute any such revenue pursuant to the terms of the
instant Agreement.
31. Consistent with Paragraph 8 of the Butler Employment Agreement, even with
regard to SoFla Clients on whose Standard Representation Agreement (“SRA”) – the official
document the NFLPA requires in order for an agent to represent an NFL Player -- Butler is
identified as a Certified Contract Advisor, all fees and commissions received from those Clients
are the property of SoFla. Paragraph 8 of the Butler Employment Agreement provides:
NFLPA SRA Not Determinative: It is understood and

agreed by Butler and SOFLA that Butler’s name on an
NFLPA Standard Representative Agreement or on any
other contract, marketing right or other agreement
involving the representation of a SOFLA Client does not
determine Butler’s control over or interest in any current or
future revenue from such Client.
32. A second agreement executed simultaneously with the Butler Employment
Agreement, identified as the Player Fee Assignment Agreement (“Fee Assignment Agreement,”
and collectively with the Butler Employment Agreement, the “Agreements”), reiterates in
Paragraph 2 that Butler’s affiliation with SoFla was at all relevant times as an employee and,
further, with regard to Client fees and commissions, confirms that such monies are and at all
times remain the property of SoFla. Paragraph 2 of the Fee Assignment Agreement provides:
RB [Ron Butler] represents and warrants that irrespective

of his being listed as the contract advisor/agent of record or
as a co-agent of record on any SRAs, marketing
agreements, marketing advance agreements or any other
agreement with such [SoFla] clients …, any and all fees
earned, due and owing or any other monies due from any
such client is and remains the sole and exclusive property
of SoFla and RB hereby assigns to SoFla all such fees as to
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any and all contracts or agreements between any player and

any team or sponsor, now or in the future.
(Fee Assignment Agreement ¶ 2.)
33. The scope of the Fee Assignment Agreement is equally clear: “This Agreement
applies to all SRAs, player loan agreements, marketing agreements and marketing advance
agreements for any player/client for or through which RB shall have any contact while an
employee of SoFla.” (Fee Assignment Agreement at ¶ 3.)
34. The post-employment allocation of fees and commissions address, and apply to,
fees and commission as a result of NFL contracts and Marketing Agreements “in existence at the
time of Butler’s departure” and to “any NFL contracts and Marketing Agreements throughout
each [Player’s] professional football career….” (Fee Assignment Agreement at ¶ 13.)
35. The Butler Employment Agreement and Fee Assignment Agreement explicitly
apply to present as well as future fees and commissions. (Butler Employment Agreement at ¶
14; Fee Assignment Agreement at ¶ 2.)
36. The provisions identified above apply whether Butler is actually on a Player’s
SRA or other agreement or, instead, has explicitly or clandestinely transferred representation of
the Player to a third-party. The Butler Employment Agreement contains the following
provisions:
… each Party agrees that any affiliated entities of such

Party, including but not limited to future employers, or
other sports management agencies, are to be considered to
be agents of that Party, and the obligations of this
Agreement are to be imputed to such agents.
(Butler Employment Agreement ¶ 14 (b).)
37. Both the Butler Employment Agreement and the Fee Assignment Agreement
apply to Players who were SoFla Clients at any time during Butler’s SoFla employment,
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including Clients who became clients during Butler's employmcñt with SoFl
Clients."
Players who are identified as "Prospective A Prospective Client is defi
[A]ny Player whom any SOFLA certified adviso
.contacted within the 12 months before non-renewal
termination for purposes of representing

such prospective
player'
client during such s professional career.
38. In approximately May 2017, Guertin and EPIC began discussi
possibility
of Gavilla investing
between $500,000 and $700,000 in SoFla and E
SoFla. Unknown to Guertin, EPIC also began having secret meetings with B
EPIC and Butler hatched a scheme to steal the NFL Player clients of SoFla
SoFla the fees and commissions owed or to be owed by those NFL Players,
Butler's duty of loyalty to SoFla and his contractual obligations.
39. During this time Butler failed to disclose his c0ñversations
representatives.
40. Butler became a partner of EPIC in

early 2018.
41. Butler, in contravention of his fiducis-y duties to SoFla,
convincing at least fifteen NFL player clients of SoFla to become clients of EPIC
42. In addition, and in violation of the Agreemcñts, Butler, individüãlly
of EPIC, has directly and indirectly received certain fees and commissions
owing to SoFla. Even after

diverting and accepting those fees and en==issions,
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the total amount of $60,000. On each occasion, Butler delayed transmitting all of those fees to
SoFla for significant periods of time.
44. Butler, with regard to Robinson, breached his fiduciary and contractual duties to
SoFla by placing a Certified Contract Advisor employed by EPIC, Ira Turner, on a new SRA for
Robinson. Butler also arranged for Turner’s name to appear on Robinson’s March 2018 New
Orleans Saints contract.
45. Turner could provide no additional expertise or professional support to Robinson
and, indeed, provided no expertise or professional support to Robinson. At the time, Turner had
no experience acting on behalf of NFL Players, had not successfully taken the lead in negotiating
any significant NFL Player contracts, and had no experience acting as a primary Contract
Advisor. Turner also had little or no role in Robinson’s contract negotiations with the New
Orleans Saints.
46. Butler acted in this manner with Turner and EPIC for the exclusive purpose of
diverting fees that are and will be due and owing from Robinson away from SoFla and to EPIC
and himself and, upon information and belief, acted in this manner as a material part of Butler’s
effort to obtain employment with EPIC.
47. EPIC now advertises Robinson as a client on its website.
48. Kareem Jackson was a SoFla Client, as defined in Butler’s Employment
Agreement. Both Frankel, on behalf of ISM, and Butler, on behalf of SoFla, appeared at all
times relevant as the Certified Contract Advisors on Jackson’s SRA. Pursuant to an agreement
between SoFla and Impact, one half of the fees and commissions from Jackson is owed to SoFla
and one half of the fees and commissions is owed to ISM through Frankel. SoFla and Frankel in
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turn are obligated to pay 20% of the money they collect as follows: 10% to Butler and 10% to
another former ISM Certified Contract Advisor.
49. By invoice dated December 26, 2017, SoFla billed Jackson for fees and
commissions owed for the 2017 NFL Season in the amount of $202,500.
50. In violation of the Agreements, Butler directed Jackson’s financial advisor to pay
him the $202,500 total owed in fees and commissions. Butler thereafter retained possession of
those monies in contravention of the Butler Employment Agreement, Fee Assignment
Agreement and subsequent representations made to Guertin confirming Butler’s obligations and
duties.
51. EPIC now advertises Jackson as a client on its website.
52. Butler admitted to a third-party that he intended to arrange with Jackson to enter
into an SRA with a different agent but still receive the fees and commissions in an attempt to
deprive SoFla of fees and commissions which are and will be owed to it under the Agreements.
53. Butler similarly arranged to divert fees from SoFla Clients Phillip Dorsett and
Denzel Perryman in a total amount of $61,314. SoFla was obligated to transfer a portion of
those fees to ISM.
54. EPIC now advertises both Dorsett and Perryman as clients of EPIC on its website.
55. Corey Liuget became an ISM client in 2011, prior to being drafted into the NFL.
On June 8, 2015, Liuget executed a new SRA that identified Frankel, Butler and Ashton Wilson,
also an agent, as his Certified Contract Advisors. Frankel negotiated Liuget’s June 2015 NFL
contract with the San Diego Chargers without any involvement by, or assistance from, Butler.
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56. Liuget was never a Butler Client pursuant to the Butler Employment Agreement
and during his SoFla employment Butler never received any compensation as a result of fees and
commissions received from Liuget.
57. In February 2018, Butler convinced Liuget to terminate Frankel, acting at the time
as a consultant for SoFla, as his Certified Contract Advisor and to execute a new SRA that
identified Butler and Wilson as his Certified Contract Advisors. Butler acted in this manner for
the exclusive purpose of diverting fees owed to SoFla under the Agreements.
58. Pursuant to the Butler Employment Agreement and Fee Assignment Agreement,
Butler has no right to any of the Liuget fees and commissions paid, due or to be owed in the
future. In violation of the Butler Employment Agreement and Fee Assignment Agreement,
Butler has diverted and received monies due to SoFla and to which he has no right.
59. EPIC now advertises Liuget as a client on its website.
60. David Sharpe in 2017 signed a four-year rookie NFL contract in the total amount
of $2.986 million. Pursuant to his SRA, SoFla is owed 50% of the fees and commissions from
Sharpe. Without authority or legal right, Butler agreed to co-represent Sharpe with another
Certified Contract Advisor, Richard Beda.
61. As a result of Butler’s actions, SoFla has not received any of the fees and
commissions due and owing to SoFla in 2017. Upon information and belief, Beda’s company
received the fees and commissions and, upon information and belief, transferred a portion of
those fees and commissions to Butler.
62. EPIC now advertises Sharpe as a client on its website.
63. Butler, upon information and belief, has enticed and otherwise convinced
additional SoFla clients to alter their SRAs, and the persons identified as Certified Contract
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Advisors, in a manner designed to deprive SoFla of fees to which SoFla is entitled and divert
those fees to EPIC, including those Players identified above as well as Travis Benjamin and
Lavonte David.
64. EPIC now advertises Benjamin and David as clients on its website.
65. In or about early 2017, Butler entered into an unauthorized agreement with Pat
Lawlor, Butler’s current attorney and, at the time, an inexperienced and unsuccessful Certified
Contract Advisor, to represent Corn Elder. There was no bona fide professional reason to allow
Lawlor to become a party to Elder’s SRA and the only purpose was to attempt to divert fees and
commissions from SoFla. Lawlor no longer is certified to act as an NFL sports agent.
66. During Butler’s employment with SoFla, Butler entered into Player Marketing
Advances on behalf of SoFla with various SoFla Clients. Pursuant to the terms and conditions of
the Player Marketing Advances, each Player who entered into such an agreement was obligated
to repay the advances from the fees the Player received from any marketing or sponsorship
agreements.
67. The marketing advances arranged for and provided by Butler, using SoFla funds,
include the following: Mike Gillislee ($20,000); Corn Elder ($50,000); Damontae Kazee
($40,000); and, Elijah McGuire ($35,000).
68. Butler has failed to recover essentially all of the Marketing Advances and has
interfered with SoFla’s ability to recover the marketing advances Butler provided, using SoFla
funds, to SoFla clients.
69. EPIC now advertises on its website that Gillislee, Elder, Kazee and McGuire are
clients.
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AS AND FOR A FIRST CAUSE OF ACTION

(Tortious Interference With
Contractual Relations Against EPIC)
70. Plaintiff repeats and realleges each of the allegations set forth in Paragraphs 1 –
69 above, as if fully set forth herein.
71. The Agreements represent valid contracts between SoFla and Butler.
72. At all relevant times, EPIC had knowledge of the Agreements and their
provisions.
73. EPIC, a non-party to the Agreements, intentionally procured and actively
participated in Butler’s breach of the Agreements without justification.
74. Butler has breached the Agreements by, inter alia, diverting funds to himself
and/or EPIC that are required to be paid to SoFla under the Agreements and causing NFL Players
to terminate their business relations with SoFla and enter into contracts with EPIC agents to
provide representation to those NFL players.
75. EPIC tortiously interfered with SoFla’s contractual relations.
76. By reason of the foregoing, SoFla has suffered monetary damages to be
determined at trial but not less than $10,000,000.
AS AND FOR A SECOND CAUSE OF ACTION

(Tortious Interference With
Prospective Business Relations Against EPIC and Butler)
78. SoFla has business relations with NFL Players, including as a result of its
employees representing Clients in negotiations with NFL teams and in marketing arrangements.
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79. EPIC and Butler interfered with those business relations – and at the same time
violated NFLPA Regulations governing activities of Certified Contract Advisors -- by causing at
least fifteen NFL Players whom SoFla represented to leave SoFla and enter into contracts with
EPIC and its Contract Advisors to provide representation to those NFL Players.
80. EPIC and Butler acted for the sole purpose of harming SoFla and benefiting EPIC
and Butler or used wrongful means in causing such harm.
81. EPIC and Butler tortiously interfered with SoFla’s business relationships with its
Clients.
82. As the result of EPIC’s and Butler’s wrongful conduct, the NFL Players have
terminated their business relations with SoFla, which has caused injury to SoFla.
AS AND FOR A THIRD CAUSE OF ACTION

(Aiding and Abetting A Breach Of Fiduciary Duty Against EPIC)
85. Butler, by reason of his employment with SoFla, owed fiduciary duties, including
a duty of loyalty, to SoFla.
86. Butler breached his fiduciary duties to SoFla by, inter alia, diverting funds owed
to SoFla to himself and EPIC and causing NFL Players to terminate their business relations with
SoFla.
87. EPIC had actual knowledge of Butler’s fiduciary duties to SoFla,
including, inter alia, Butler’s obligations to SoFla under the Agreements, and his breach of
those fiduciary duties.
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88. EPIC aided and abetted, knowingly induced and/or substantially participated in
causing Butler to breach his fiduciary duties, including his duty of loyalty, to SoFla.
AS AND FOR A FOURTH CAUSE OF ACTION

(Conversion Against EPIC and Butler)
91. SoFla had the right to possession of funds earned under the Agreements as a result
of the representation of NFL Players.
92. EPIC and Butler have with wrongful intent interfered with SoFla’s property rights
under the Agreements without authority by causing and/or participating in the diversion to Butler
and/or EPIC of funds owed to SoFla under the Agreements.
93. By wrongfully interfering with SoFla’s property rights in the funds owed to it
under the Agreements, EPIC and Butler exercised unlawful dominion and control over SoFla’s
property and have converted those funds.
AS AND FOR A FIFTH CAUSE OF ACTION

(Civil Conspiracy Against EPIC and Butler)
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96. In furtherance of their plan, EPIC and Butler entered into an unlawful agreement,
inter alia, to divert funds owed under the Agreements to SoFla and wrongfully to cause NFL
Players to terminate their business relations with SoFla.
97. EPIC and Butler intentionally participated in a plan whose purpose was to commit
the tortious acts set forth above, including diverting to Butler and/or EPIC funds owed to SoFla
under the Agreements and wrongfully causing NFL Players to terminate their business relations
with SoFla.
98. EPIC and Butler committed overt acts in furtherance of their unlawful conspiracy
including, inter alia, the following: diverting, receiving and withholding of funds properly
payable to SoFla under the Agreements from Corey Liuget, Kareem Jackson, Philip Dorsett,
Denzel Perryman and Patrick Robinson; and, substituting Certified Contract Advisors employed
by or affiliated with SoFla with Certified Contract Advisors employed by or affiliated with
EPIC, including Butler on NFL Players’ SRAs including, but not limited to, Corey Liuget,
Kareem Jackson and David Sharpe.
WHEREFORE, Plaintiff SoFla Sports, LLC demands judgment against Entertainers &
Players Innovative Consultants, LLC on its First through Fifth Causes of Action in its Complaint
and against Butler on its Second, Fourth and Fifth Causes of Action in its Complaint, as follows:
(A) On Plaintiff’s First Cause of Action for Tortious Interference With Contractual
Relations, monetary damages in an amount to be determined at trial but not less
than $10,000,000;
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(B) On Plaintiff’s Second Cause of Action for Tortious Interference with Prospective
Business Relations, monetary damages in an amount to be determined at trial but
not less than $10,000,000;
(C) On Plaintiff’s Third Cause of Action for Assisting a Breach of Fiduciary Duty,
monetary damages in an amount to be determined at trial but not less than
$10,000,000;
(D) On Plaintiff’s Fourth Cause of Action for Conversion monetary damages in an
amount to be determined at trial but not less than $10,000,000;
(E) On Plaintiff’s Fifth Cause of Action for Civil Conspiracy, monetary damages in
an amount to be determined at trial but not less than $10,000,000;
(F) The costs and disbursements of the action, including reasonable attorney’s fees;
(G) Applicable pre-judgment interest; and
(H) Such other and further relief the Court deems just and proper.
Dated: New York, New York

November 15, 2018
ROBINSON BROG LEINWAND GREENE

GENOVESE & GLUCK P.C.
By: /s/ Peter R. Ginsberg

Peter R. Ginsberg, Esq.
875 Third Ave, 9th Floor
New York, NY 10022-0123
(212) 603-6300
(prg@robinsonbrog.com)
Attorneys for Plaintiff
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FILED: NEW YORK COUNTY CLERK 11/15/2018 12:11 PM INDEX NO.

SUPREME COURT OF THE STATE OF NEW YORK

Dated: New York, New York

By: /s/ Peter R. Ginsberg

Attorneys for Plaintiff

TO: RONALD BUTLER

ENTERTAINERS & PLAYERS

SUPREME COURT OF THE STATE OF NEW YORK

ENTERTAINERS & PLAYERS INNOVATIVE

Certified NFL Contract Advisor employed at the time by SoFla.

4. As part of EPIC’s and Butler’s conspiracy, Butler has engaged in a pattern of

relationships with clients.

terms of his binding agreements with SoFla.

contractual agency relationships with EPIC and EPIC Contract Advisors.

conversion and civil conspiracy.

Boca Raton, Florida 33431.

Bayshore Drive, Suite 2118, Miami, Florida 33132.

JURISDICTION AND VENUE

League Players Association (“NFLPA”) website.

14. Butler is subject to jurisdiction in the State of New York pursuant to

committing a tortious act within the State.

15. Venue is proper in New York County pursuant to N.Y.C.P.L.R. § 503(a), as

FACTS COMMON TO ALL CAUSES OF ACTION

website as conducting its business in Dix Hills, New York.

18. Butler is a former employee of SoFla providing representation to SoFla’s clients

and is now a partner in EPIC.

19. Impact Sports Management (“ISM”) is a sports representation company which,

is an owner of ISM and currently the sole ISM Contract Advisor.

consultant and aid to ISM Certified Contract Advisors.

unsuccessful tenure with SSG.

or about September 2014.

as an employee of SoFla under the direction of SoFla’s Manager.” (Butler Employment

in Paragraph 9 remains in place even after Butler’s SoFla employment terminates.

Agreement. Paragraph 14 of the Butler Employment Agreement provides:

POST-EMPLOYMENT FUND ADMINISTRATION:

a. All gross revenue from any source generated by all

NFLPA SRA Not Determinative: It is understood and

32. A second agreement executed simultaneously with the Butler Employment

RB [Ron Butler] represents and warrants that irrespective

any and all contracts or agreements between any player and

(Fee Assignment Agreement ¶ 2.)

employee of SoFla.” (Fee Assignment Agreement at ¶ 3.)

each [Player’s] professional football career….” (Fee Assignment Agreement at ¶ 13.)

14; Fee Assignment Agreement at ¶ 2.)

… each Party agrees that any affiliated entities of such

(Butler Employment Agreement ¶ 14 (b).)

[A]ny Player whom any SOFLA certified adviso

.contacted within the 12 months before non-renewal

termination for purposes of representing

38. In approximately May 2017, Guertin and EPIC began discussi

Butler's duty of loyalty to SoFla and his contractual obligations.

39. During this time Butler failed to disclose his c0ñversations

40. Butler became a partner of EPIC in

41. Butler, in contravention of his fiducis-y duties to SoFla,

42. In addition, and in violation of the Agreemcñts, Butler, individüãlly

owing to SoFla. Even after

SoFla for significant periods of time.

Orleans Saints contract.

45. Turner could provide no additional expertise or professional support to Robinson

effort to obtain employment with EPIC.

47. EPIC now advertises Robinson as a client on its website.

48. Kareem Jackson was a SoFla Client, as defined in Butler’s Employment

another former ISM Certified Contract Advisor.