Paguada v. Kraft Music Ltd.

Filing 16

CONSENT DECREE: This Consent Decree is entered into as of the Effective Date, as defined below in Paragraph 10, by and between LLC following partics: Plaintiff DILENIA PAGUADA ("Plaintiff"), and Defe ndant, KRAFT MUSIC LTD ("Defendant"). Plaintiff and Defendant shall hereinafter be collectively referred to as, the "Parties" for the purposes and on the terms specified herein. Plaintiff and Defendant agree that it is in the Parties' best interest to resolve the Action on mutually agreeable terms without further litigation. Accordingly, the Parties agree to the entry of this Consent Decree without trial or further adjudication of any issues of fact or law raised in Plaintiff's Complaint In resolution of this action, the Parties hereby AGREE to the following: Effective Date means the date on which this Consent Decree is ent ered on the Court's Docket Sheet following approval by the Court. Reasonable Efforts means, with respect to a given goal or obligation, the efforts that a reasonable person or entity in Defendant's position wou ld use to achieve that goal or obligation. Any disagreement by the Parties as to whether Defendant has used Reasonable efforts as provided for under this Consent Decree shall be subject to the dispute resolut ion procedures set forth in Paragraphs 16 through 22 of this Consent Decree. Reasonable Efforts shall be interpreted so as to not require Defendant to undertake efforts whose cost, difficulty or impact on Defendant 9;s Website could constitute an undue burden, as defined in Title III of the ADA but as applied solely to Defendant's Website-as though they arc collectively a standalone business entity, or which could resul t in a fundamental alteration in the manner in which Defendant manages the Website-or primary functions related there to, or which could result in a loss or revenue or traffic on the Website related operations; as further set forth herein. (Signed by Judge George B. Daniels on 6/3/2021) (Attachments: # 1 Appeal Package) (mro)