Broadcast Music, Inc. et al v. CHWC, Inc. et al

Filing 27

CONSENT JUDGMENT by Judge Valerie Baker Fairbank: IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT Plaintiff BROADCAST MUSIC, INC., licenses the right of public performance, and the other Plaintiffs own the copyrights, in the following musical composi tions (see attached Consent Judgment further information). Defendants are hereby permanently enjoined. Defendants shall pay Plaintiffs damages in the amount of $72,400.00. After deducting any amounts already paid in settlement, Judgment is entered in the sum of $50,783.35, plus the costs of collection until such amount is paid. The Parties hereby waive the right to trial, statement of decision and appeal. This case is now closed. Related to: Stipulation for Judgment 25 . (jp)

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PENNY M. COSTA (SBN 110373)
[e-mail]
Ballard Spahr LLP
2029 Century Park East, Suite 800
Los Angeles, California 90067-2909
Telephone: [phone]
Facsimile: [phone]

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JS-6

Attorneys for Plaintiffs
DANIEL C. COTMAN
[e-mail]
Dalina Law Group, PC
117 E Colorado Blvd Ste 460
Pasadena, CA 91105
Telephone: [phone]
Facsimile: [phone]

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Note:

Changes made by Court

Attorney for Defendants

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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BROADCAST MUSIC, INC.; MJ
PUBLISHING TRUST d/b/a MIRAN
PUBLISHING; SONY/ATV SONGS LLC;
THE BERNARD EDWARDS COMPANY
LLC; HIP CITY MUSIC INC.; HIFROST
PUBLISHING; RONDOR MUSIC
INTERNATIONAL, INC. d/b/a IRVING
MUSIC; EMI BLACKWOOD MUSIC,
INC; SONG A TRON MUSIC; EMI
VIRGIN SONGS, INC. d/b/a EMI
LONGITUDE MUSIC; WARNERTAMERLANE PUBLISHING CORP.;
LION AIRE PUBLISHING; YOUNG
MONEY PUBLISHING, INC.,

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Case No. 10-01439-VBF-(JEMx)

[PROPOSED] CONSENT
JUDGMENT
PURSUANT TO STIPULATION

Plaintiffs,
v.
CHWC, INC., d/b/a CRAZY HORSE
STEAK HOUSE; JOHN ROBERT
NUCCIO and PAMELA SCHOELLER
NUCCIO, each individually,
Defendants.

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Based on the Stipulation between Plaintiff herein Broadcast Music, Inc. (“BMI”) on

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DMWEST #7602842 v2

CONSENT JUDGMENT PURSUANT TO STIPULATION

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behalf of itself and the Non-BMI Plaintiffs, and Defendants CHWC, Inc., d/b/a

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Crazy Horse Steak House, John Robert Nuccio and Pamela Schoeller Nuccio, dated

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May 12, 2011,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:

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1.

Plaintiff BROADCAST MUSIC, INC. licenses the right of public

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performance, and the other Plaintiffs own the copyrights, in the following musical

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compositions:

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a.

Don't Stop a/k/a Don't Stop Till You Get Enough

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b.

Good Times a/k/a Rappers' Delight

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c.

Poison

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d.

Respect

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e.

Show Me Love

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f.

Take On Me

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g.

That's The Way (I Like It)

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h.

Let It Rock

2.

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Defendants have infringed the copyrights in the musical works listed in

Paragraph 1 above.
3.

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Defendants are hereby permanently enjoined from causing any

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unlicensed public performances of any musical works licensed by Broadcast Music,

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Inc.
4.

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Defendants shall pay Plaintiffs damages in the amount of Seventy-Two

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Thousand Four Hundred Dollars ($72,400.00). After deducting any amounts already

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paid in settlement, Judgment is entered in the sum of $50,783.35, plus the costs of

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collection until such amount is paid.

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conclusively established by the Declaration of Counsel for BMI, filed

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contemporaneously with this Judgment.

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///

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DMWEST #7602842 v2

The precise amount of this Judgment is

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CONSENT JUDGMENT PURSUANT TO STIPULATION

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5.

The Parties hereby waive the right to trial, statement of decision and
appeal.

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This case is now closed.

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IT IS SO ORDERED.

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DATED: _5-12-11___________

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UNITED STATES DISTRICT JUDGE

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Approved As to Form and Substance:

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Broadcast Music, Inc.

CHWC, Inc., d/b/a Crazy Horse Steak

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By:_______________________

House

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Title: _____________________

By:_______________________

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Date: _____________________

Title: _____________________

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Date: _____________________

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John Robert Nuccio

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By:_______________________

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Date: _____________________

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Pamela Schoeller Nuccio

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By:_______________________

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Date: _____________________

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DANIEL COTMANN
DALINA LAW GROUP, PC

PENNY M. COSTA
BALLARD SPAHR LLP
By
Penny M. Costa
Attorneys for Plaintiffs

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By
Daniel Cotman
Attorneys for Defendants CHWC, INC.,
d/b/a CRAZY HORSE STEAK
HOUSE; JOHN ROBERT NUCCIO and
PAMELA SCHOELLER NUCCIO

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DMWEST #7602842 v2

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CONSENT JUDGMENT PURSUANT TO STIPULATION