Incentive Capital v. Camelot Entertainment Group et al

Filing 123

PETITION for Writ of Execution by Incentive Capital. (Pia, Joseph)

Joseph G. Pia (9945)
Nathan S. Dorius (8977)
PIA ANDERSON DORIUS REYNARD & MOSS
222 South Main Street, Suite 1800
Salt Lake City, Utah 84101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

INCENTIVE CAPITAL, LLC, a Utah Limited
Liability Company,
Plaintiff,

STIPULATED APPLICATION FOR WRIT
OF EXECUTION

v.
AND
CAMELOT ENTERTAINMENT GROUP,
INC., a Delaware Corporation; CAMELOT
FILM GROUP, INC., a Nevada Corporation;
CAMELOT DISTRIBUTION GROUP, INC.,
a Nevada Corporation, ROBERT P. ATWELL,
an individual; JAMIE R. THOMPSON, an
individual; STEVEN ISTOCK, an individual;
TED BAER, an individual; PETER
JAROWEY, an individual,
Defendants.

WRIT OF EXECUTION ATTACHED AS
EXHIBIT A
Civil No. 2:11-cv-00288
Judge Clark Waddoups

Counsel for Incentive Capital, LLC (“Plaintiff” or “Incentive”) and counsel for
Defendants Camelot Entertainment Group, Inc., Camelot Film Group, Inc., Camelot Distribution
Group Inc., (collectively, the “Camelot Defendants”) hereby jointly move and stipulate to the
entry of the Writ of Execution attached hereto as Exhibit A on the following grounds:
1. On March 25, 2011, Plaintiff Incentive brought the above-captioned action against
the Camelot Defendants and the other defendants listed in the caption.
2. The parties settled their dispute pursuant to a settlement agreement.
3. The Liberation Film Library, which refers solely to those titles designated on Exhibit
2 of the Settlement Agreement, is the property of Incentive pursuant to the Settlement
Agreement entered into by Camelot and Incentive; whereby, Camelot transferred all ownership
in the Liberation Film Library and all elements related thereto to Incentive.
4. As a part of the settlement, Plaintiff and the Camelot Defendants agreed that to the
extent that Incentive may, in its sole determination, require business records of Camelot that
relate solely to the Liberation Film Library to administer the Liberation Film Library, upon the
Effective Date [November 8, 2011], Camelot shall provide Incentive with access to all such
records that are in its control, custody and/or possession at its location any business day of the
week requested by Incentive during the hours of 10:00 a.m. to 5:00 p.m. (Pacific Time), and
Incentive (or its designee) shall have the right to immediately photocopy any such business
records at Incentive’s expense, and, as necessary, to have access to the original business records
which relate directly to the Liberation Film Library.
5. Plaintiff and the Camelot Defendants further agreed that upon the Effective Date,
Plaintiff would be permitted to enter Camelot’s premises and/or any premise utilized by Camelot
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for the storage of business records and tangible materials solely related to the Liberation Film
Library and/or any physical item associated with the Liberation Film Library and to take
immediate possession of such materials in the event for any reason such records were not
delivered to Incentive.
6. Plaintiff and the Camelot Defendants agreed they would jointly stipulate to the entry
of Writs of Execution and Writs of Possession in Incentive’s favor, effective upon the Effective
Date, to enter Camelot’s premises and/or any premise utilized by Camelot for the storage of
business records and tangible materials solely related to the Liberation Film Library and/or any
physical item associated with the Liberation Film Library and to take immediate possession of
such materials in the event for any reason such records were not delivered to Incentive in
accordance herewith.
7. This Application and Writ of Execution (attached as Exhibit A) are filed in
accordance with the forgoing for entry by the Court.
8. The Writ of Execution is intended to have full and binding effect on the parties in any
jurisdiction, including without limitation Utah and California.
9. The Writ of Execution is intended to survive the dismissal of this case with prejudice
because it arises out of the parties Settlement Agreement

[Signature Page to Follow]

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Dated: November 16, 2011
PIA, ANDERSON, DORIUS, REYNARD &
MOSS

LEVITAN LAW OFFICES
By: /s/ Jonathan Levitan

By: /s/ Joseph Pia
Joseph Pia
Attorneys for Plaintiff Incentive Capital, LLC
VAN COTT BAGLEY CORNALL &
McCARTHY
By: /s/ John Snow
Attorneys for Defendants Camelot
Entertainment Group, Inc., Camelot
Film Group, Inc., Camelot Distribution
Group Inc.

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EXHIBIT A
WRIT OF EXECUTION

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Joseph G. Pia (9945)
Nathan S. Dorius (8977)
PIA ANDERSON DORIUS REYNARD & MOSS
222 South Main Street, Suite 1800
Salt Lake City, Utah 84101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiffs
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

INCENTIVE CAPITAL, LLC, a Utah Limited
Liability Company,
WRIT OF EXECUTION
Plaintiff,
Civil No. 2:11-cv-00288
v.
Judge Clark Waddoups
CAMELOT ENTERTAINMENT GROUP,
INC., a Delaware Corporation; CAMELOT
FILM GROUP, INC., a Nevada Corporation;
CAMELOT DISTRIBUTION GROUP, INC.,
a Nevada Corporation, ROBERT P. ATWELL,
an individual; JAMIE R. THOMPSON, an
individual; STEVEN ISTOCK, an individual;
TED BAER, an individual; PETER
JAROWEY, an individual,
Defendants.

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THE UNITED STATES OF AMERICA to the Constable, Sheriff, or other enforcement
person, agency, or entity:
1. An application for Writ of Execution has been entered jointly by the parties Incentive
Capital, LLC (“Plaintiff” or “Incentive”) and Defendants Camelot Entertainment Group, Inc.,
Camelot Film Group, Inc., Camelot Distribution Group Inc. (collectively, the “Camelot
Defendants”).
2. The Liberation Film Library, which refers solely to those titles listed on Exhibit 2 of
the Settlement Agreement, is the property of Incentive pursuant to the Settlement Agreement
entered into by Camelot and Incentive; whereby, Camelot transferred all ownership in the
Liberation Film Library and all elements related thereto to Incentive.
3. You are directed to enter into the Camelot Defendants’ premises and/or any premise
utilized by the Camelot Defendants for the storage of business records and tangible materials
solely related to the Liberation Film Library and/or any physical item associated with the
Liberation Film Library and to take immediate possession of such materials (“Materials”) for and
on behalf of Incentive.
4. The “Materials” include without limitation any materials relative to the Liberation
Film Library comprising approximately 888 film, television, and other media titles and all
tangible elements thereof, such as:
a. Camelot’s data bank stored on its computers and servers and elsewhere,
including but not limited to copyright information, creditor lists, websites,
copyrights, trademarks, registration marks, patents, advertising and marketing
graphics and materials, logos, deals and contracts by library titles and
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distribution agreements, DVD inventory reports (including where available
the location of any physical materials);
b. Film elements and materials in storage, software related in any way to the
Liberation Film Library that Camelot has access to or is in the possession of;
c. The website relating to the Liberation Film Library, website scripts, database
and efiles, current keyword rankings, CSS script functions, master artwork
files in any format, title descriptions, digital audio/visual files, and any online
materials solely related in any way to the Liberation Film Library;
d. Any and all contracts, contract rights, deals, and correspondence related to the
Liberation Film Library;
e. Any and all money, bank accounts, and safety deposit boxes relative to
proceeds held in the name of or for the benefit of Incentive or Camelot
relative solely to the Liberation Film Library.
5. You are to return this Writ within 10 days after receiving it, with a signed account of
your actions in executing this Writ.
6. The Writ of Execution is intended to survive the dismissal of this case with prejudice
because it arises out of the parties Settlement Agreement.
Dated this __ day of ________, 20___
UTAH FEDERAL DISTRICT COURT

_________________________
Hon. Judge Waddoups, designee, or Clerk of the Court
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