Hendricks & Lewis PLLC v. Clinton

Filing 190

STIPULATION AND ORDER Terminating Receivership, Discharging Receiver, and for Related Relief re parties' 189 Stipulation ; vacating 136 Order Compelling Turnover of Master Recordings ; directing Clerk to note upon the record the full satisfaction of the two judgments entered in favor of H&L and Clinton. Signed by Judge Robert S. Lasnik. (SWT)

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HONORABLE ROBERT S. LASNIK

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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HENDRICKS & LEWIS, PLLC,
No. C12-0841RSL

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Plaintiff,
STIPULATION AND AGREED
ORDER TERMINATING
RECEIVERSHIP, DISCHARGING
RECEIVER, AND FOR RELATED
RELIEF

v.
GEORGE CLINTON,

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Defendant.

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STIPULATION
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Gayle E. Bush (the “Receiver”), court-appointed receiver in the above-captioned
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case, George Clinton (“Clinton”), and Hendricks & Lewis, PLLC (“H&L”, and,
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collectively with the Receiver and Clinton, the “Parties”), as evidenced by the signatures
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of their counsel below, stipulate and agree as follows:
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B USH K ORNFELD

STIPULATION AND AGREED ORDER – Page 1

1996 20121 be165x10fz

LAW OFFICES

LLP

601 Union Street, #5000
Seattle, Washington 98101-2373
Telephone [phone]
Facsimile [phone]

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1.

The two judgments entered in favor of plaintiff H&L and against Clinton

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in this District in Hendricks & Lewis PLLC v. Clinton, Case No. C10-02530-JCC—the

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first, in the amount of $1,675,639.82, entered on May 28, 2010, and the second, in the

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amount of $60,786.50, entered on July 19, 2010 (the “Judgments”) —have been fully

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satisfied.

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2.

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Bush Kornfeld LLP, counsel for the Receiver, holds in its trust account

(the “Trust Account”) $64,335.10.
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The Parties agree that $54,335.10 of the funds held in the Trust Account

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shall be released to Bush Kornfeld LLP, to be distributed on a pro rata basis to that firm

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and K&L Gates, the Receiver’s special counsel in full satisfaction of the fees and costs

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of the Receiver and his professionals.

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4.

The Parties agree that the remaining $10,000.00 in the Trust Account

shall be distributed to Clinton.
5.

The Parties agree that any funds receivable or received on or after May 1,

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2017, for licensing any of the master sound recordings of the Funkadelic albums

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“Hardcore Jollies,” “One Nation Under A Groove,” “Uncle Jam Wants You,” and “The

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Electric Spanking of War Babies” (the “Recordings”) by the Receiver during the

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Receivership, shall be paid to Clinton.

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6.

The Parties agree to the termination of the Receivership and discharge of

the Receiver and his professionals.

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B USH K ORNFELD

STIPULATION AND AGREED ORDER – Page 2

1996 20121 be165x10fz

LAW OFFICES

LLP

601 Union Street, #5000
Seattle, Washington 98101-2373
Telephone [phone]
Facsimile [phone]

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DATED this 17th day of May, 2017.
BUSH KORNFELD LLP

BOOTH SWEET LLP
Approved for signature by telephone on May 17, 2017

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By
/s/ Dan Booth
Dan Booth (MA Bar No. 672090)
Attorneys for Defendant George Clinton
Admitted Pro Hac Vice
32R Essex Street
Cambridge, MA 02139
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

By
/s/ Katriana L. Samiljan
Katriana L. Samiljan, WSBA #28672
Attorneys for Gayle E. Bush, Receiver
601 Union Street, Suite 5000
Seattle, WA 98101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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HENDRICKS & LEWIS PLLC

K&L GATES

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Approved for signature by email on May 16, 2017

Approved for signature by email on May 16, 2017

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By
/s/ Katherine Hendricks
Katherine Hendricks, WSBA No. 14040
Attorneys for Plaintiff Hendricks & Lewis
PLLC
901 Fifth Avenue, Suite 4100
Seattle, WA 98164
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

By
/s/ Mark H. Wittow
Mark H. Wittow, WSBA #18280
Attorneys for Special Counsel for
Receiver
925 4th Ave., Suite 2900
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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ORDER

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Now, therefore, it is hereby ORDERED as follows:

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1.

The above stipulation (the “Stipulation”) is approved.

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2.

The clerk shall note upon the record the full satisfaction of the two

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judgments entered in favor of H&L and Clinton.
B USH K ORNFELD

STIPULATION AND AGREED ORDER – Page 3

1996 20121 be165x10fz

LAW OFFICES

LLP

601 Union Street, #5000
Seattle, Washington 98101-2373
Telephone [phone]
Facsimile [phone]

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3.

The custodial receivership of the estate property, consisting of the

Recordings, is terminated.
4.

The Receiver is hereby discharged as the custodial receiver of the

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Recordings. The Receiver is hereby divested of all rights, title, and interest in the

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copyrights of the Recordings.

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5.

All rights, title, and interest in the Recordings and the copyrights vested

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in the Receiver by the Court, including under the November 27, 2012 Order Appointing

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Receiver and Authorizing Sale of Copyrights (Doc. 62) and the October 30, 2015 Order

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Granting In Part Motion for Rule 70 Relief and Contempt Sanctions (Doc. 155), are

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hereby re-vested in George Clinton. Any lien on the Recordings created by the Court is

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hereby terminated.

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6.

This Court’s June 25, 2015 Order Compelling Turnover of Master

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Recordings (Doc. 136) is hereby vacated. The Barack Obama Green Charter High

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School Foundation is released from any obligation to respond thereto.

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7.

The Receiver is discharged pursuant to RCW § 7.60.290 and fully

released from any and all claims related to this Receivership.

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8.

The Receiver's bond is hereby exonerated.

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9.

The funds held in the Trust Account shall be distributed pursuant to the

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above stipulation. No further compensation shall be allowed to the Receiver and his

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professionals pursuant to RCW § 7.60.180.

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B USH K ORNFELD

STIPULATION AND AGREED ORDER – Page 4

1996 20121 be165x10fz

LAW OFFICES

LLP

601 Union Street, #5000
Seattle, Washington 98101-2373
Telephone [phone]
Facsimile [phone]

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10.

The Court hereby concludes its administration of the copyrights of the

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Recordings.

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DATED: May 18, 2017.

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A
Robert S. Lasnik

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United States District Judge 

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Presented by:
BUSH KORNFELD LLP

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By
/s/ Katriana L. Samiljan
Katriana L. Samiljan, WSBA #28672
Attorneys for Gayle E. Bush, Receiver

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Approved as to Form; Notice of
Presentation Waived:

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BOOTH SWEET LLP
Approved for signature by telephone on May 17, 2017

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By
/s/ Dan Booth
Dan Booth (MA Bar No. 672090)
Attorneys for Defendant George Clinton
Admitted Pro Hac Vice
32R Essex Street
Cambridge, MA 02139
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
B USH K ORNFELD

STIPULATION AND AGREED ORDER – Page 5

1996 20121 be165x10fz

LAW OFFICES

LLP

601 Union Street, #5000
Seattle, Washington 98101-2373
Telephone [phone]
Facsimile [phone]

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HENDRICKS & LEWIS PLLC
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Approved for signature by email on May 16, 2017

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By
/s/ Katherine Hendricks
Katherine Hendricks, WSBA No. 14040
Attorneys for Plaintiff Hendricks & Lewis PLLC
901 Fifth Avenue, Suite 4100
Seattle, WA 98164
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
K&L GATES
Approved for signature by email on May 16, 2017

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By
/s/ Mark H. Wittow
Mark H. Wittow, WSBA #18280
Attorneys for Special Counsel for Receiver
925 4th Ave., Suite 2900
Seattle, WA 98104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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B USH K ORNFELD

STIPULATION AND AGREED ORDER – Page 6

1996 20121 be165x10fz

LAW OFFICES

LLP

601 Union Street, #5000
Seattle, Washington 98101-2373
Telephone [phone]
Facsimile [phone]