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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1 HONORABLE ROBERT S. LASNIK 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 10 11 HENDRICKS & LEWIS, PLLC, No. C12-0841RSL 12 13 14 Plaintiff, STIPULATION AND AGREED ORDER TERMINATING RECEIVERSHIP, DISCHARGING RECEIVER, AND FOR RELATED RELIEF v. GEORGE CLINTON, 15 Defendant. 16 STIPULATION 17 Gayle E. Bush (the “Receiver”), court-appointed receiver in the above-captioned 18 case, George Clinton (“Clinton”), and Hendricks & Lewis, PLLC (“H&L”, and, 19 collectively with the Receiver and Clinton, the “Parties”), as evidenced by the signatures 20 of their counsel below, stipulate and agree as follows: 21 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 (206) 292-2110 Facsimile (206) 292-2104 1 1. The two judgments entered in favor of plaintiff H&L and against Clinton 2 in this District in Hendricks & Lewis PLLC v. Clinton, Case No. C10-02530-JCC—the 3 first, in the amount of $1,675,639.82, entered on May 28, 2010, and the second, in the 4 amount of $60,786.50, entered on July 19, 2010 (the “Judgments”) —have been fully 5 satisfied. 6 2. 7 8 Bush Kornfeld LLP, counsel for the Receiver, holds in its trust account (the “Trust Account”) $64,335.10. 3. The Parties agree that $54,335.10 of the funds held in the Trust Account 9 shall be released to Bush Kornfeld LLP, to be distributed on a pro rata basis to that firm 10 and K&L Gates, the Receiver’s special counsel in full satisfaction of the fees and costs 11 of the Receiver and his professionals. 12 13 14 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, 15 2017, for licensing any of the master sound recordings of the Funkadelic albums 16 “Hardcore Jollies,” “One Nation Under A Groove,” “Uncle Jam Wants You,” and “The 17 Electric Spanking of War Babies” (the “Recordings”) by the Receiver during the 18 Receivership, shall be paid to Clinton. 19 20 6. The Parties agree to the termination of the Receivership and discharge of the Receiver and his professionals. 21 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 (206) 292-2110 Facsimile (206) 292-2104 1 2 3 4 DATED this 17th day of May, 2017. BUSH KORNFELD LLP BOOTH SWEET LLP Approved for signature by telephone on May 17, 2017 8 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: (617) 250-8602 Facsimile: (617) 250-8883 Email: dbooth@boothsweet.com 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: (206) 292-2110 Facsimile: (206) 292-2110 Email: ksamiljan@bskd.com 9 HENDRICKS & LEWIS PLLC K&L GATES 5 6 7 10 Approved for signature by email on May 16, 2017 Approved for signature by email on May 16, 2017 11 12 13 14 15 By /s/ Katherine Hendricks Katherine Hendricks, WSBA No. 14040 Attorneys for Plaintiff Hendricks & Lewis PLLC 901 Fifth Avenue, Suite 4100 Seattle, WA 98164 Telephone: (206) 624-1933 Facsimile: (206) 583-2716 Email: kh@hllaw.com 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: (206) 623-7580 Facsimile: (206) 623-7022 Email: mark.wittow@klgates.com 16 ORDER 17 18 Now, therefore, it is hereby ORDERED as follows: 19 1. The above stipulation (the “Stipulation”) is approved. 20 2. The clerk shall note upon the record the full satisfaction of the two 21 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 (206) 292-2110 Facsimile (206) 292-2104 1 2 3 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 4 Recordings. The Receiver is hereby divested of all rights, title, and interest in the 5 copyrights of the Recordings. 6 5. All rights, title, and interest in the Recordings and the copyrights vested 7 in the Receiver by the Court, including under the November 27, 2012 Order Appointing 8 Receiver and Authorizing Sale of Copyrights (Doc. 62) and the October 30, 2015 Order 9 Granting In Part Motion for Rule 70 Relief and Contempt Sanctions (Doc. 155), are 10 hereby re-vested in George Clinton. Any lien on the Recordings created by the Court is 11 hereby terminated. 12 6. This Court’s June 25, 2015 Order Compelling Turnover of Master 13 Recordings (Doc. 136) is hereby vacated. The Barack Obama Green Charter High 14 School Foundation is released from any obligation to respond thereto. 15 16 7. The Receiver is discharged pursuant to RCW § 7.60.290 and fully released from any and all claims related to this Receivership. 17 8. The Receiver's bond is hereby exonerated. 18 9. The funds held in the Trust Account shall be distributed pursuant to the 19 above stipulation. No further compensation shall be allowed to the Receiver and his 20 professionals pursuant to RCW § 7.60.180. 21 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 (206) 292-2110 Facsimile (206) 292-2104 1 10. The Court hereby concludes its administration of the copyrights of the 2 Recordings. 3 DATED: May 18, 2017. 4 A Robert S. Lasnik 5 6 United States District Judge  7 8 9 Presented by: BUSH KORNFELD LLP 10 11 12 13 By /s/ Katriana L. Samiljan Katriana L. Samiljan, WSBA #28672 Attorneys for Gayle E. Bush, Receiver 14 Approved as to Form; Notice of Presentation Waived: 15 BOOTH SWEET LLP Approved for signature by telephone on May 17, 2017 16 17 18 19 20 21 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: (617) 250-8602 Facsimile: (617) 250-8883 Email: dbooth@boothsweet.com 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 (206) 292-2110 Facsimile (206) 292-2104 1 /// 2 /// 3 HENDRICKS & LEWIS PLLC 4 Approved for signature by email on May 16, 2017 5 6 7 8 9 10 By /s/ Katherine Hendricks Katherine Hendricks, WSBA No. 14040 Attorneys for Plaintiff Hendricks & Lewis PLLC 901 Fifth Avenue, Suite 4100 Seattle, WA 98164 Telephone: (206) 624-1933 Facsimile: (206) 583-2716 Email: kh@hllaw.com K&L GATES Approved for signature by email on May 16, 2017 11 12 13 14 15 16 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: (206) 623-7580 Facsimile: (206) 623-7022 Email: mark.wittow@klgates.com 17 18 19 20 21 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 (206) 292-2110 Facsimile (206) 292-2104

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