Entertainment Software Association v. Chicago Transit Authority

Filing 59

MOTION by Defendant Chicago Transit Authority, Plaintiff Entertainment Software Association for judgment (consent) and, MOTION by Defendant Chicago Transit Authority, Plaintiff Entertainment Software Association for permanent injunction (Sanders, David)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiff, vs. CHICAGO TRANSIT AUTHORITY, Defendant. No. 09 CV 4387 Hon. Rebecca R. Pallmeyer

AGREED MOTION FOR ENTRY OF CONSENT JUDGMENT AND PERMANENT INJUNCTION
Defendant Chicago Transit Authority ("CTA") and Plaintiff Entertainment Software Association ("ESA"), have agreed to finally resolve the above-captioned litigation (the "Litigation") and any potential claim by ESA pursuant to 42 U.S.C. § 1988 and 28 U.S.C. § 1920 for attorneys' fees and costs incurred to date in connection with the Litigation. Pursuant to that agreement, Defendant CTA and Plaintiff ESA have agreed to entry of a Consent Judgment and Permanent Injunction on the terms provided in the attached Exhibit A. Defendant CTA and Plaintiff ESA jointly request that the Court enter the Consent Judgment and Permanent Injunction in the form provided.

Respectfully submitted, DATED: May 17, 2010 JENNER & BLOCK LLP By: s/DavidP. Sanders David P. Sanders JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654-3456 Tel. [phone] Fax [phone] Paul M. Smith Katherine A. Fallow JENNER & BLOCK LLP 1099 New York Avenue, NW, Suite 900 Washington, DC 20001 Tel. [phone] Fax [phone] Attorneys for Plaintiff ENTERTAINMENT SOFTWARE ASSOCIATION DATED: May 17, 2010 CHICAGO TRANSIT AUTHORITY By: s/RichardM. Carbonara Richard M. Carbonara CHICO & NUNES P.C. 333 West Wacker Drive Suite 1800 Chicago, IL 60606 Tel. [phone] Fax [phone] Attorneys for Defendant CHICAGO TRANSIT AUTHORITY

EXHIBIT A

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiff, ' vs. CHICAGO TRANSIT AUTHORITY, Defendant. No. 09 CV 4387 Hon. Rebecca R. Pallmeyer

CONSENT JUDGMENT AND PERMANENT INJUNCTION WHEREAS, the Court granted Plaintiffs motion for a preliminary injunction against Chicago Transit Authority Ordinance No. 008-147 ("the Ordinance") on January 7, 2010 and enjoined enforcement of the Ordinance; and WHEREAS, Defendant Chicago Transit Authority ("CTA") and Plaintiff Entertainment Software Association ("ESA") (collectively, the "Parties"), have agreed to finally resolve the above-captioned litigation (the "Litigation"), and any potential claim by ESA pursuant to 42 U.S.C. § 1988 and 28 U.S.C. § 1920 for attorneys' fees and costs incurred to date in connection with the Litigation, and WHEREAS, Defendant CTA and Plaintiff ESA have agreed to entry of a Consent Judgment and Permanent Injunction on the following terms, and the Defendant CTA has agreed not to appeal any part of this stipulated Consent Judgment and Permanent Injunction; NOW THEREFORE IT IS HEREBY ORDERED, ADJUDGED, AND DECREED THAT: 1. Judgment is hereby entered against the Defendant CTA and in favor of Plaintiff

EXHIBIT A

ESA in the above-captioned case. 2. Defendant CTA, and its respective officers, agents, servants, employees, and

attorneys, and all those acting in concert with it, are permanently enjoined and restrained from enforcing or directing the enforcement of Ordinance No. 008-147 ("the Ordinance") in any respect. 3. The CTA shall give prompt notice of this Consent Judgment and Permanent

Injunction to each its officers, and any agents, servants, employees, and attorneys through which it conducts business related to advertising in or on CTA facilities, and all those acting in concert or participation with each or any of them. The CTA has waived notice and service of entry of the Consent Judgment and Permanent Injunction, and has agreed that violation of the Consent Judgment and Permanent Injunction will expose the CTA to all penalties provided by law. The CTA has also agreed not to appeal or otherwise attack the validity or enforceability of the Consent Judgment and Permanent Injunction. 4. Any claims for attorneys' fees and costs related to this Litigation and incurred

through the date of entry of this Consent Judgment and Permanent Injunction have been resolved between the parties and are hereby disposed of by this Order. Nothing herein shall be construed to prohibit ESA from seeking its attorneys' fees and costs in connection with any actions taken to enforce this Consent Judgment and Permanent Injunction in the future. 5. The Court shall maintain continuing jurisdiction over this action for the purpose

of enforcing this Consent Judgment and Permanent Injunction. Plaintiff ESA is authorized to seek to enforce the terms of this Consent Judgment and Permanent Injunction, and shall be entitled to its reasonable attorneys' fees and costs incurred for any action to enforce the terms of this Consent Judgment and Permanent Injunction based on the CTA's failure to comply, in any

way, with its obligations set forth herein. IT IS SO ORDERED. DATED: Honorable Rebecca R. Pallmeyer United States District Court Judge The foregoing Consent Judgment and Permanent Injunction has been agreed and consented to by the parties: ENTERTAINMENT SOFTWARE ASSOCIATION By: s/DavidP. Sanders David P. Sanders JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654-3456 Tel. [phone] Fax [phone] Paul M. Smith Katherine A. Fallow JENNER & BLOCK LLP 1099 New York Avenue, NW, Suite 900 Washington, DC 20001 Tel. [phone] Fax [phone] CHICAGO TRANSIT AUTHORITY By: s/RichardM. Carbonara Richard M. Carbonara CHICO & NUNES P.C. 333 West Wacker Drive Suite 1800 Chicago, IL 60606 Tel. [phone] Fax [phone] DATED: May 17,2010 DATED: May 17, 2010

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