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Spencer-Smith v. Ehrlich

Defendant Was Not Acting as Singer's Attorney During Agreement Negotiations

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OPINION AND ORDER Defendants David M. Ehrlich (“Ehrlich”), David M. Ehrlich & Associates, P.C. (“DME Associates”), David M. Ehrlich P.C., Esq. (“DME PC” and with DME Associates, the “DME Firms”)) and Song Collect, Inc. d/b/a DME Management (“DME Management” and collectively with Ehrlich, DME Associates, and DME PC, “Defendants”) move to dismiss Plaintiff Lauren Spencer-Smith’s (“Plaintiff” or “Spencer-Smith”) Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim for relief. Dkt. No. 21. BACKGROUND For purposes of this motion, the Court accepts as true the well-pleaded allegations of the Amended Complaint as supplemented by the documents incorporated by reference therein. See Gray v. Wesco Aircraft Holdings, Inc., 454 F. Supp. 3d 366, 382-83 (S.D.N.Y. 2020), aff’d, 847 F. App’x 35 (2d Cir. 2021) (summary order). Spencer-Smith, a dual citizen of Canada and the United Kingdom, is a musician and songwriter. Dkt. No. 14 5. Spencer-Smith presently resides in Canada. Id. In 2020, Spencer-Smith, then sixteen, rose to prominence after she placed in the top twenty singers of television show American Idol. Id. 18. That same year, Spencer-Smith’s debut album, “Unplugged Vol. 1,” was nominated for a Juno Award in the Best Adult Contemporary Album Category. Id. 19. Spencer-Smith has continued producing music since. Id. 20. Ehrlich is an attorney and is admitted to the New York State Bar. Id. 7. Ehrlich is the sole owner and president of the DME Firms, New York corporations through which Ehrlich renders legal services to his clients. Id.

8-11. Ehrlich is also the sole owner and president of DME Management, also a New York corporation, through which Ehrlich manages the professional careers of entertainers. Id.

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