The two bystanders wounded by gunfire outside a Justin Bieber-hosted party in 2022 are seeking millions in default damages from Kodak Black, claiming they saw the rapper “initiate” the altercation that led to the gunfire that struck the “No Flockin” singer as well.
At a Wednesday hearing in Los Angeles, Judge Tiana J. Murillo vacated an Aug. 18 trial date for the men’s lawsuit after their lawyer told the court that Black was the sole remaining defendant and should be found “in default,” meaning he hadn’t responded and should be held liable by the court.
After rejecting prior requests to find the rapper in default, the judge said the plaintiffs had until Aug. 25 to submit an updated request for entry of default that would meet the court’s standards. Reached by phone, an attorney for Black said the request should fail.
“Kodak has never been served with any lawsuit from California. He was never on notice of anything from California,” the rapper’s longtime lawyer, Bradford Cohen, tells Rolling Stone. “I find it unusual that they’re attempting to sue the very person who was the most injured out of the individuals who got shot.”
The plaintiffs in the lawsuit, Adam Rahman and Mark Schaefer, first asked for a $62 million default judgment against Black, born Dieuson Octave, last November. The court denied the request, citing deficiencies including “inadequate” proof of damages. A follow-up request for $10.6 million was similarly denied last month, with the judge noting the men were required to substantiate their pain and suffering claims with proof of medical bills. On Wednesday, the men’s lawyer said she would resubmit the damages request by the new deadline.
“I witnessed Kodak Black initiate the altercation with patrons outside of the subject location, which was the catalyst for the series of events that led to gun violence,” Rahman wrote in a sworn statement filed in April. Shaefer submitted a similar statement claiming he also saw Octave “initiate the altercation.”
The lawsuit initially named Bieber and the owners of the venue where the shooting happened as defendants alongside Octave. The judge later ruled that the shooting was not “foreseeable” to the restaurant, so the corporate defendants were dismissed in June 2024. The plaintiffs voluntarily dismissed Bieber as a defendant a few months later.
In court filings, Rahman and Schaefer said their private investigator gained access to a gated community and served the lawsuit to Octave’s mom. They continued to look for the rapper himself and subsequently served him by mail, the paperwork states. According to Cohen, Octave doesn’t live with his mom, and the mailing address the plaintiffs used is not in Octave’s name. “He does not own that house,” Cohen said.
The Feb. 12, 2022, shooting outside The Nice Guy restaurant in West Hollywood generated a wave of headlines thanks to the long list of celebrities who attended the party inside. The event was an afterparty for Bieber’s invite-only Super Bowl Weekend performance at the nearby Pacific Design Center. Rappers Lil Baby, Drake, and Gunna reportedly joined Bieber and his wife Hailey for the A-list gathering that also included Khloe Kardashian and actor Tobey Maguire.
Octave, 28, was injured alongside the two men and transported to a nearby hospital. A police report obtained by Rolling Stone states he was shot in his “upper leg.” Schaefer, an onlooker who had been collecting autographs, suffered a gunshot wound above his right ankle, requiring immediate surgery and physical therapy, his court filings say. Rahman was shot in his left shoulder, his filings state. No arrests were made.