Platinum of Illinois, LP et al v. Brooklyn, IL

Filing 51

CONSENT JUDGMENT. Pursuant to Stipulation, the Court dismisses, with prejudice, all of the Plaintiff's claims for damages. The Court dismisses, without prejudice, all of Plaintiff's remaining claims. The Court expressly retains ancillary j urisdiction for the purpose of enforcing the Stipulation and this Consent Judgment. Signed by Judge J. Phil Gilbert on 9/2/08. (Attachments: # 1 Part 1 - Stipulation for Entry of Consent Judgment and Settlement Agreement, # 2 Part 2 - Stipulation or Entry of Consent Judgment and Settlement Agreement)(bkl)

______________________________________________________________________________ PLATINUM OF ILLINOIS, LP, d/b/a PT's Brooklyn, RCC, LP, d/b/a Roxy's Nightclub, PHILLIPSGARRETT, INC., d/b/a Pink Slip Exotic Club, and BROOKLYN BOOKS AND NOVELTIES, Plaintiffs, v. THE VILLAGE OF BROOKLYN, ILLINOIS, Defendant. Case No. 3:07-cv-00746-JPG-DGW Honorable J. Phil Gilbert Magistrate Judge Donald G. Wilkerson

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

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CONSENT JUDGMENT

Attorneys for Plaintiffs:

BRADLEY J. SHAFER Michigan Bar No. P36604 SHAFER & ASSOCIATES, P.C. 3800 Capital City Boulevard, Suite 2 Lansing, Michigan 48906 Telephone: [phone]

EDWARD J. SZEWCZYK Illinois Bar No. CALLIS, PAPA, HALE, SZEWCZYK & DANZINGER, P.C. 1326 Niedringhams Avenue P.O. Box 1326 Granite City, Illinois 62040

Attorneys for Defendant:

1. 2.

Plaintiffs are owners of certain "adult" entertainment businesses currently operating Plaintiffs filed this action seeking declaratory and injunctive relief against enforcement

within the Village of Brooklyn, Illinois. of the Village of Brooklyn's Ordinance No. 01-1A, entitled "Amending the License Fees and Other Regulations Regarding Business Licenses," and Ordinance Number 07-01, captioned as "An Ordinance Providing for an Amusement Tax in the Village of Brooklyn, Illinois," and have also sought damages, costs and attorney fees. 3. For good cause shown, all parties hereto have agreed to this Consent Judgment and have executed a separate Stipulation for Entry of Consent Judgment and Settlement Agreement ("Stipulation"), a copy of which has been reviewed by the Court and is attached hereto as Exhibit 1. 4. Pursuant to the terms of the accompanying Stipulation and the agreement of the parties, A. The Stipulation executed by the parties and dated August 4 - 25, 2008, a copy of which is attached hereto as Exhibit 1 and made a part hereof, is ratified and approved by the Court and is incorporated into this Consent Judgment. The Parties are hereby enjoined to comply with their respective obligations under that Stipulation. B. Pursuant to F.R.Civ.P. 41(a)(2) and the accompanying Stipulation, and subject only to the provisions of paragraphs 13 and 14 of the Stipulation, the Court hereby dismisses, with prejudice, all of the Plaintiffs' claims for damages. C. D. Each party shall bear its own attorneys' fees and costs incurred through the date of this Consent Judgment. The Court hereby dismisses, without prejudice, all of Plaintiffs' remaining claims, although, pursuant to Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 381, 114 S.Ct. 1673, 128 L.Ed.2d 39 (1994), the Court expressly hereby retains ancillary jurisdiction for the purpose of enforcing the accompanying Stipulation and this Consent Judgment. E. The Court's disposition of this matter, including its ratification of the accompanying Stipulation, shall not be deemed a determination on the merits 2 it is by the Court hereby ORDERED, ADJUDGED AND DECREED that:

of any of the substantive claims or defenses presented herein, notwithstanding that the accompanying Stipulation is fully enforceable as between the parties. Accordingly, except for the dismissal with prejudice of Plaintiffs' claims for damages, costs and attorney fees up through the date of entry of this Consent Judgment as set forth in paragraph 7 of the accompanying Stipulation, and the wavier of entitlement to any damages and/or license fee refunds during the Settlement Period as set forth in paragraph 13 of the incorporated Stipulation, this final order shall have no res judicata or collateral estoppel effect in regard to any claims or defenses that the Plaintiffs and the Defendant have raised in this action. F. The Court further ORDERS that if any party believes its adversary has materially breached any of its obligations under the accompanying Stipulation, it may follow the procedures for dispute resolution set forth in the attached Stipulation and, if the dispute still remains unresolved after following all such procedures, it may file a motion in this Court seeking such a determination. Upon making such a determination, the Court may order whatever relief it deems appropriate that is not inconsistent with the terms of the Stipulation. G. In the event of any action, motion or proceeding brought to enforce the terms of the accompanying Stipulation and/or this Consent Judgment, the prevailing party therein shall be entitled to recover its reasonable attorneys' fees and costs in prosecuting or defending such action, motion or proceeding. IT IS SO ORDERED. s/ J. Phil Gilbert HONORABLE J. PHIL GILBERT U.S. District Court Judge Dated: September 2, 2008

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