Home Instead Inc. v. Krishnan et al

Filing 42

MOTION by Plaintiff Home Instead Inc. for judgment (Agreed) (Attachments: # 1 Exhibit A)(Rollo, Sherry)

EXHIBIT A

THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
HOME INSTEAD, INC.,
Plaintiff,
v.

BIJU KRISHNAN and NORTH SHORE CARE
MANAGEMENT CORP. d/b/a QUALICARE
CHICAGO NORTH SHORE,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 15-cv-3200

CONSENT JUDGMENT
THIS MATTER comes before the Court on a Stipulation for Entry of Consent
Judgement (“Stipulation”) agreed to and filed by the Parties to this action on May 25, 2017.
[Doc. No. 42]. Pursuant to the Stipulation and the Court’s review of the filings in the matter,
the Court hereby finds that the Consent Order submitted by the Parties should be entered based
on the following findings:
1.

Plaintiff Home Instead, Inc., (“Home Instead”) filed its Complaint on April 10,

2015, against Defendants Biju Krishnan and North Shore Care Management d/b/a Qualicare
Chicago North Shore (collectively “Defendants”) [Doc. No. 2].
2.

The Complaint asserted claims of copyright infringement of Home Instead’s

copyrighted works. [Doc. No. 2].
3.

On February 21, 2017, Home Instead filed a Motion for Summary Judgment.

[Doc. No. 33]. On April 13, 2017, the Court granted Home Instead’s Motion for Summary
Judgment as to liability only. [Doc. No. 40].

4821-7676-4233.2

4.

This Court has jurisdiction over the subject matter and over all parties to this

action, and venue is proper in this District.
5.

The Parties stipulate that Plaintiff owns a valid copyright in the copyrighted works

as set forth in the Complaint [Doc. No. 2].
6.

The Parties stipulate that Defendants have infringed on the copyrighted works of

the Plaintiff.
7.

The Parties stipulate to permanent injunctive relief for the purpose of resolving

this dispute.
8.

The Parties further stipulate to entry of a Consent Judgment against Defendants

Biju Krishnan and North Shore Care Management d/b/a Qualicare Chicago North Shore, jointly
and severally, and in favor of Home Instead, Inc. in the amount of $2,500.00.
9.

The Parties stipulate to dismiss with prejudice any and all other claims made by

the Parties to this action.
WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED THAT:
1.

Judgment is hereby entered against Defendants Biju Krishnan and North Shore

Care Management d/b/a Qualicare Chicago North Shore, jointly and severally, and in favor of
Home Instead, Inc., in the amount of $2,500.00.
2.

Defendants Biju Krishnan and North Shore Care Management d/b/a Qualicare

Chicago North Shore, including the officers, directors, agents, servants, representatives,
employees, assigns and successors, of North Shore Care Management d/b/a Qualicare Chicago
North Shore shall be and hereby are permanently enjoined and restrained from copying in whole
or substantial part or preparing derivative works from Home Instead, Inc.’s copyrighted works.
3.

Any and all claims made by the parties to this action are hereby DISMISSED

2
4821-7676-4233.2

WITH PREJUDICE, with each party to bear its own costs.

SO ORDERED this ___day of ____________, 2017.

Hon. Matthew F. Kennelly
United States District Judge

3
4821-7676-4233.2