WB Music Corp. et al v. Hoffdel LLC et al

Filing 18

ORDER granting 16 Stipulation; CONSENT JUDGMENT in favor of Flyte Tyme Tunes, Meeengya Music, Mick Dog Music, WB Music Corp. against Hoffdel LLC, Frederick Hoffman, Joseph Delefave. Judgment is hereby entered against Defendants, jointly and severally, in the amount of $24,000.00, plus post-judgment interest at the rate of 2.69% per annum. Signed by Judge Richard F. Boulware, II on 10/3/2018. (Copies have been distributed pursuant to the NEF - JM)

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Nathan G. Kanute, Esq.
Nevada Bar No. 12413
SNELL & WILMER L.L.P.
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89169
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89139
702-784-5200

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WB MUSIC CORP.; FLYTE TYME TUNES;
MEEENGYA MUSIC; and MICK DOG
MUSIC,

Case No. 2:18-cv-00267-RFB-CWH

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Plaintiffs,
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STIPULATION FOR ENTRY OF
FINAL JUDGMENT

vs.
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HOFFDEL LLC, D/B/A TIME-OUT SPORTS
BAR & GRILL; JOSEPH DELEFAVE; and
FREDERICK HOFFMAN,

AND
FINAL JUDGMENT

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Defendants.
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Plaintiffs WB Music Corp., Flyte Tyme Tunes, Meeengya Music, and Mick Dog Music

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(collectively, “Plaintiffs”), by and through their attorneys, and Defendants Hoffdel LLC, d/b/a

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Time-Out Sports Bar & Grill, Joseph Delefave, and Frederick Hoffman (collectively, the

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“Defendants”), pursuant to their Confidential Settlement Agreement dated as of July 1, 2018 (the

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“Settlement Agreement”), hereby stipulate and agree as follows:

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1.

On February 13, 2018, Plaintiffs filed their Complaint against Defendants alleging

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three counts of copyright infringement arising out of the Defendants’ alleged unauthorized public

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performances at the Time-Out Sports Bar & Grill (“Time-Out”) of copyrighted music owned by

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Plaintiffs.

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2.

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This Court has jurisdiction pursuant to 28 U.S.C. § 1338(a), and venue in this

District is proper pursuant to 28 U.S.C.§ 1400(a).
4826-9600-3691

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3.

Defendants have entered into the Settlement Agreement to settle all outstanding

claims and disputes relating to this litigation filed by Plaintiffs.
4.

Defendants obligations under this Stipulation for Entry of Final Judgment (the

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“Stipulation”) arise from the above mentioned Settlement Agreement, which expressly provides

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for this Stipulation and entry of a Final Judgment.

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5.

Based upon the Agreement and this Stipulation, this Stipulation arises out of the

facts and circumstances set out in the Complaint filed in this matter.
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Defendants hereby agree that final judgment may be entered immediately against

them, jointly and severally, in the amount of $24,000.00.
7.

Plaintiffs hereby agree that they will not execute on the final judgment against

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89139
702-784-5200

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Defendants provided that the Defendants are not in default under the Settlement Agreement.

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Plaintiffs further agree that the final judgment shall be deemed satisfied by Defendants’ timely

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compliance with the Settlement Agreement. Upon Defendants’ full compliance with the terms of

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the Settlement Agreement, Plaintiffs will file a satisfaction of the Final Judgment.

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8.

This Stipulation and the Final Judgment shall bind and benefit the heirs, executors,

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administrators, successors, assigns, parents, affiliates, members and subsidiaries of Plaintiffs and

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Defendants.

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9.

Defendants hereby agree to be enjoined and restrained permanently from publicly

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performing any or all of Plaintiffs’ copyrighted musical compositions and from causing or

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permitting Plaintiffs’ copyrighted musical compositions to be publicly performed, and from

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aiding and abetting public performances of such compositions, unless Defendants shall have

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previously obtained permission to give such performances, either directly from the Plaintiffs or

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by license from the American Society of Composers, Authors and Publishers (“ASCAP”).

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10.

Contemporaneously with the execution of this Stipulation, ASCAP shall offer, and

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Defendants shall accept and execute, an ASCAP license agreement for Time-Out commencing

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July 1, 2018.

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11.

Defendants shall not willfully dissipate or encumber their assets in order to impair

ASCAP’s ability to collect the amounts due under this Stipulation or the Final Judgment. In the
4826-9600-3691

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event that any of the Defendants files a petition in bankruptcy, any sum then due pursuant under

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this Stipulation and the Final Judgment shall constitute a non-dischargeable debt pursuant to 11

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U.S.C. § 523(a)(6).

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12.

Defendants further agree that by entry into the Settlement Agreement and this

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Stipulation, they have waived all rights to challenge the entry of the Final Judgment or to appeal

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the Final Judgment.

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13.

Plaintiffs and Defendants have agreed to the terms of this Stipulation and the Final

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Judgment following consultation, or after having the opportunity for consultation, with legal

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counsel.

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14.

Each party shall bear its own costs.

Snell & Wilmer

L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89139
702-784-5200

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[Signatures on Following Page.]
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FINAL JUDGMENT

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The Court having in reviewed the Stipulation for Entry of Final Judgment (the

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“Stipulation”) agreed to and executed by Plaintiffs WB Music Corp., Flyte Time Tunes,

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Meeengya Music, and Mick Dog Music (collectively, “Plaintiffs”), by and through their

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attorneys, and Defendants Hoffdel LLC, d/b/a Time-Out Sports Bar & Grill, Joseph Delefave, and

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Frederick Hoffman (collectively, the “Defendants”); the parties having agreed to entry of this

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Final Judgment; the Court having jurisdiction over this matter; and good cause appearing

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therefor;

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IT IS HEREBY ORDERED that:

Snell & Wilmer

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The Stipulation is approved in full and incorporated into this Final Judgment;

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89139
702-784-5200

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2.

Judgment is hereby entered against Defendants, jointly and severally, in the

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2.69
amount of $24,000.00, plus post-judgment interest at the rate of ___% per annum;

3.

Plaintiffs shall not enforce or execute on this Final Judgment provided Defendants

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are in compliance with the terms of the Settlement Agreement, as defined above, but may

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exercise all rights and remedies available under this Final Judgment upon Defendants’ default

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under the Settlement Agreement;

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4.

Defendants are enjoined and restrained permanently from publicly performing any

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or all of Plaintiffs’ copyrighted musical compositions and from causing or permitting Plaintiffs’

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copyrighted musical compositions to be publicly performed, and from aiding and abetting public

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performances of such compositions, unless Defendants shall have previously obtained permission

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to give such performances, either directly from the Plaintiffs or by license from the American

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Society of Composers, Authors and Publishers (“ASCAP”);

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5.

Contemporaneously with the entry of this Final Judgment, ASCAP shall offer, and

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Defendants shall accept and execute, an ASCAP license agreement for Time-Out commencing

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July 1, 2018;

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6.

Once this Final Judgment is satisfied, Plaintiffs shall file a Satisfaction of

Judgment with the Court;

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4826-9600-3691

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7.

Defendants shall not willfully dissipate or encumber their assets in order to impair

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ASCAP’s ability to collect the amounts due under this Stipulation or the Final Judgment. In the

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event that any of the Defendants files a petition in bankruptcy, any sum then due pursuant under

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this Stipulation and the Final Judgment shall constitute a non-dischargeable debt pursuant to 11

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U.S.C. § 523(a)(6);

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8.

Defendants have waived all rights to challenge the entry of this Final Judgment

and to appeal the Final Judgment;

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9.

Each party shall bear its own costs through the date of this Final Judgment; and

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10.

In the event Plaintiffs are entitled to executed on or enforce this Final Judgment,

Snell & Wilmer

Plaintiffs shall be entitled to recover their reasonable attorneys’ fees incurred in connection with

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L.L.P.
LAW OFFICES
3883 Howard Hughes Parkway, Suite 1100
Las Vegas, Nevada 89139
702-784-5200

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any efforts to collect.

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3rd
October
DATED this ___ day of ________________, 2018

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________________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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4826-9600-3691

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