EMI April Music Inc. et al v. Keshmiri et al

Filing 116

JUDGMENT in favor of Plaintiffs Almo Music Corporation, Controversy Music, J. Albert & Son (USA) Inc., Stygian Songs, and Universal Music Corp. and against Defendants Discopolus Limited-Liability Company, Jamal Keshmiri, and Kamal Keshmiri in the amount of $60,000, together with reasonable attorney's fees and costs in the amount of $65,000, with interest accruing as of the date of this order. Signed by Judge Kent J. Dawson on 10/15/2013. (Copies have been distributed pursuant to the NEF - EDS)

Case 2:10-cv-00381-KJD-GWF Document 114-1 Filed 10/11/13 Page 2 of 5

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MAREK P. BUTE, ESQ.
Nevada Bar No. 9989
KELLY H. DOVE, ESQ.
Nevada Bar No. 10569
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEVADA 89169
[phone]

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ALMO MUSIC CORPORATION,
STYGIAN SONGS, CONTROVERSY
MUSIC, UNIVERSAL MUSIC CORP.
and J. ALBERT & SON (USA) INC.,

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Case No.: 2:10-CV-00381-KJD-GWF

STIPULATED JUDGMENT

Plaintiffs,
vs.
KAMAL KESHMIRI, individually;
JAMAL (A/K/A JAMY) KESHMIRI,
individually; and DISCOPOLUS, LLC, a
Nevada limited liability company;
Defendants.

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Pursuant to the terms of this Stipulated Judgment and the Settlement and Release Agreement

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entered into between Plaintiffs ALMO MUSIC CORPORATION, STYGIAN SONGS,
CONTROVERSY MUSIC, UNIVERSAL MUSIC CORP. and J. ALBERT & SON (USA) INC.
(“Plaintiffs”), and Defendants KAMAL KESHMIRI, JAMAL KESHMIRI, and DISCOPOLUS, LLC
(“Defendants”) agree and therefore stipulate that Judgment be entered against Defendants KAMAL
KESHMIRI, JAMAL KESHMIRI, and DISCOPOLUS, LLC, jointly and severally, as follows:
STIPULATION

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Plaintiffs and Defendants hereby stipulate to allow Judgment to be entered in favor of

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Plaintiffs and against Defendants, KAMAL KESHMIRI, JAMAL KESHMIRI, and DISCOPOLUS,

18084273
17637891.1
16224709

Case 2:10-cv-00381-KJD-GWF Document 114-1 Filed 10/11/13 Page 3 of 5

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LLC, jointly and severally, in the amount of $125,000.00, subject to a credit for any payments made

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to Plaintiffs pursuant to the parties’ Settlement Release and Agreement, which comprises an award of

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statutory damages of $15,000 per infringement, totaling $60,000.00, and reasonable attorneys’ fees

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and costs totaling $65,000.00.

Order” shall continue to apply and that Defendants KAMAL KESHMIRI, individually and

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DISCOPOLUS, LLC acting either in concert or individually (hereafter, the “Enjoined Defendants”),

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and any persons acting under the direction, control, permission or authority of the Enjoined

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Defendants, shall be and hereby are enjoined and restrained permanently from publicly performing

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any copyrighted musical work in the ASCAP repertory, whether now in existence or later created,

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Snell & Wilmer

Plaintiffs and Defendants further stipulate that this Court’s February 7, 2013 “Injunctive

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L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEVADA 89169
[phone]

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including any or all of Plaintiffs’ copyrighted musical compositions identified on Schedule A to the

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Second Amended Complaint [Dkt. No. 34], in any place owned, controlled or conducted by the

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Enjoined Defendants, and from aiding or abetting the public performance of such compositions in

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any such place or otherwise, unless and until the Enjoined Defendants receive permission to give

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such performances either directly from the copyright owners of such works or by license from

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ASCAP. Plaintiffs and Defendants further stipulate that the judgment results from willful and

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malicious conduct giving rise to injury to Plaintiffs as such terms are used in 11 U.S.C. § 523(a)(6).

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Plaintiffs and Defendants further stipulate that the Judgment is a valid final judgment on the

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merits.

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DATED: __________, 2013

DATED: __________, 2013

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SNELL & WILMER L.L.P.

THIERMAN LAW FIRM

By:

By:

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/s/ Marek P. Bute
Marek P. Bute, Esq.
Kelly H. Dove, Esq.
3883 Howard Hughes Parkway
Suite 1100
Las Vegas, NV 89109
Attorney for Plaintiffs

/s/ Mark R. Thierman
Mark R. Thierman, Esq.
287 Lakeside Drive
Reno, NV 89511
Attorneys for Defendants

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-218084273
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Case 2:10-cv-00381-KJD-GWF Document 114-1 Filed 10/11/13 Page 4 of 5

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JUDGMENT

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Having considered the Stipulation of the Plaintiffs and Defendants above, this Court hereby
enters the following Judgment:

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IT IS HEREBY ORDERED, ADJUDGED and DECREED that Judgment shall be entered

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in favor of Plaintiffs and against Defendants KAMAL KESHMIRI, JAMAL KESHMIRI, and

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DISCOPOLUS, LLC for statutory damages in the amount of $7,500 for each of the four (4) causes of

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action for a total of $60,000.00, together with reasonable attorney’s fees and costs in the amount of

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$65,000.00; with interest accruing as of the date of this order as prescribed by 28 U.S.C. § 1961;

LLC, Kamal Keshmiri, and Jamal Keshmiri, acting either in concert or individually (hereafter, the

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Snell & Wilmer

IT IS FURTHER ORDERED, ADJUDGED, and DECREED that Defendants Discopolus,

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L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEVADA 89169
[phone]

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“Enjoined Defendants”), and any persons acting under the direction, control, permission or authority

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of the Enjoined Defendants, shall be and hereby are enjoined and restrained permanently from

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publicly performing any copyrighted musical work in the ASCAP repertory, whether now in

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existence or later created, including any or all of Plaintiffs’ copyrighted musical compositions

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identified on Schedule A to the Second Amended Complaint [Dkt. No. 34], in any establishment

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owned, controlled or conducted by the Enjoined Defendants, and from aiding or abetting the public

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performance of such compositions in any such place or otherwise, unless and until the Enjoined

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Defendants receive permission to give such performances either directly from the copyright owners

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of such works or by license from ASCAP.

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IT IS FURTHER ORDERED, ADJUDGED, and DECREED that the Judgment is a valid

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final judgment on the merits. The Court specifically finds that the award to Plaintiffs in this Judgment

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is a result of acts of willful copyright infringement committed by Defendants with knowledge that

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such acts would result in actual and malicious harm to Plaintiffs and their property, in willful

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disregard of Plaintiffs’ rights as owners of musical copyrights to the songs listed in Schedule A to the

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Second Amended Complaint.

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October
Dated this 15th of _________, 2013.
___ day

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IT IS SO ORDERED.

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_______________________________________
UNITED STATES DISTRICT COURT JUDGE

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SUBMITTED BY:
SNELL & WILMER L.L.P.

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 HOWARD HUGHES PARKWAY, SUITE 1100
LAS VEGAS, NEVADA 89169
[phone]

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By:

/s/ Marek P. Bute
Marek P. Bute, Esq. (NV Bar No. 9989)
Kelly H. Dove, Esq. (NV Bar No. 10596)
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Attorneys for Plaintiffs

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-418084273
17637891.1
16224709