Jukin Media Inc. v. Defy Media LLC

Filing 34

STIPULATION OF DISMISSALAND STIPULATION OF ENTRYOF JUDGMENT IN THE EVENTOF DEFENDANT DEFAULT ONSETTLEMENT AGREEMENT 33 ; IT IS HEREBY ORDERED by Judge Beverly Reid O'Connell as follows: The Parties agree that the matters set forth above are tru e and correct. To secure Defendants performance of the terms of the Parties'Settlement Agreement, the Parties executed on March 21, 2016, a Stipulation forJudgment and Stipulated Judgment in a principal amount equal to the Settlement Payment. (S ee attachment of this Order for further details). The Parties shall bear their own attorney fees and costs to date in this Action. Based on the foregoing, the Court retains jurisdiction to enforce the parties settlement and otherwise dismisses this action in its entirety, subject to such retention of jurisdiction. (MD JS-6, Case Terminated). (jp)

JS-6

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VENABLE LLP
Douglas C. Emhoff (SBN 151049)
[e-mail]
Tamany Vinson Bentz (SBN 258600)
[e-mail]
Schuyler B. Sorosky (SBN 265367)
[e-mail]
2049 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff Jukin Media, Inc.

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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JUKIN MEDIA, INC., a California
corporation,

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310-229-9900

LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2100

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Plaintiff,
v.
DEFY MEDIA, LLC, a Delaware limited
liability company
Defendant.

CASE NO. 2:15-cv-04411-BRO-GJS
Hon. Beverly Reid O’Connell
STIPULATION OF DISMISSAL
AND STIPULATION OF ENTRY
OF JUDGMENT IN THE EVENT
OF DEFENDANT DEFAULT ON
SETTLEMENT AGREEMENT
Action Filed:

June 10, 2015

Trial Date:

Not set

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CONSENT JUDGMENT

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Plaintiff Jukin Media, Inc. (“Plaintiff”) and Defendant Defy Media LLC

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(“Defendant”), hereby enter into this Stipulation of Dismissal subject to retention

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of jurisdiction to enforce their Settlement Agreement, which is secured by this

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Stipulation for Judgment in the Event of Defendant Default on Settlement

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Agreement (“Stipulation”) as follows:

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WHEREAS, on August 14, 2015, Plaintiff filed its operative First Amended

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Complaint (“Complaint”) against Defendant in this action, seeking to recover

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damages for the violation of its copyrights; and

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Release, which is secured by Stipulated Judgment (“Settlement Agreement”); and
WHEREAS, under the terms of the Settlement Agreement Defendant has

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310-229-9900

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LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2100

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WHEREAS, the Parties have entered into a Settlement Agreement and

agreed to pay Plaintiff an amount pursuant to the payment schedule described in

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the Settlement Agreement (the “Settlement Payment”).

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WHEREAS, the Parties agree and jointly request that this Court retain

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jurisdiction to enforce the settlement, and otherwise dismiss this action in its

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entirety, subject to such retention of jurisdiction.

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IT IS HEREBY STIPULATED, by and between Plaintiff and Defendant as
follows:

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1. The Parties agree that the matters set forth above are true and correct.

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2. To secure Defendants performance of the terms of the Parties’

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Settlement Agreement, the Parties executed on March 21, 2016, a Stipulation for

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Judgment and Stipulated Judgment (“Stipulated Judgment”) in a principal amount

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equal to the Settlement Payment.

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3. In the event Defendant defaults by failing to timely and fully make

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any payment due under the Settlement Agreement following application of the

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notice and cure provisions set forth in the Settlement Agreement (a) Plaintiff is

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hereby authorized to file an ex parte application to vacate the dismissal entered

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hereunder and enter Judgment for the Settlement Payment against Defendant, less
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CONSENT JUDGMENT

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any payments made under the Settlement Agreement prior to default, plus interest

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thereon at 7.5% per annum from the date of default; and (b) the Court is

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authorized to enter an order vacating any dismissal and thereupon enter judgment

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pursuant to this Stipulation on an ex parte basis.

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4. No amendment, change or modification of this Stipulation shall be
valid, unless in writing and signed by all of the parties hereto.
5. Except as set forth in the Settlement Agreement and Release, this

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Stipulation constitutes the entire understanding and agreement of the parties with

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respect to its specific subject matter, and any and all prior agreements,
understandings, or representations with respect to its subject matter are hereby

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terminated and canceled in their entirety and are of no further force or effect.

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310-229-9900

LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2100

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6. The Parties shall bear their own attorney’s fees and costs to date in
this Action.

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7. The Stipulated Judgment is exempt from the confidentiality

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restrictions set forth in the Settlement Agreement, including Section 10.

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8. The Stipulated Judgment may be entered by any Judge of the United
States District Court, Central District of California.
9. This Court should (a) retain jurisdiction to enforce the parties

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settlement, and (b) otherwise dismiss this action in its entirety, subject to such

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retention of jurisdiction.

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IT IS SO STIPULATED.

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Jukin Media, Inc.
By:

Date

Defy Media, LLC
By:

Date

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CONSENT JUDGMENT

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Based on the foregoing, the Court retains jurisdiction to enforce the parties

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settlement and otherwise dismisses this action in its entirety, subject to such

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retention of jurisdiction.

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IT IS HEREBY ORDERED

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Dated: May 3, 2016
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HONORABLE BEVERLY REID O'CONNELL
UNITED STATES DISTRICT COURT JUDGE

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310-229-9900

LOS ANGELES, CA 90067

VENABLE LLP

2049 CENTURY PARK EAST, SUITE 2100

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CONSENT JUDGMENT