Joe Hand Promotions, Inc. v. Octane Bar & Grill LLC et al

Filing 16

ORDER FOR SETTLEMENT AND DISMISSAL. Signed by Magistrate Judge Stephen L. Crocker on 10/24/2013. (arw)

UNITED STA TES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN

JOE HAND PROMOTIONS, INC.,
Plaintiff,

ORDER Ji'OR SETTl.. EMENT
AND DISMISSAL

v.
Case No. 12-cv-537
OCTANE BAR & GRU.L
d/b/a
OCTANE BAR & GRILL; MICHAEL A.
OSBORNE, individually and as a member of
OCTANE BAR & GRILL LLC; and
KELLIE J. OSBORNE, individually and as
a member of OCTANE BAR & GRILL LLC.,
Defendants.

WHEREAS, the plaintiff, JOE HAND PROMOTIONS INC., by its attorney, Peter S.
Balistreri, and the defendants, OCTANE BAR & GRILL

d/b/a OCTANE BAR & GRILL,

MICHAEL A. OSBORNE, individually and as a member of OCTANE BAR & GRILL LLC, and
KELLIE J. OSBORNE, individually and as a member of OCTANE BAR & GRILL LLC., by their
attorney, Karl A. Schmidt, have agreed to settle the above matter;
WHEREAS, the defendants need time to pay the settlement;
NOW, THERILFORE, IT IS HEREBY ORDERED:
l.

The defendants shall pay to the plaintiff the total sum of $3,000.00

case on the following terms:
(a)

$1,000.00 on or before November 1, 2013;

(b)

$1,000.00 on or before December I, 2013; and

(c)

$1,000.00 on or before January 1, 2014.

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settlement of the

Said payments shall be made payable to Dubin & BaJistreri, Ltd. Client Trust Account and sent
to Dubin & Balistreri, Ltd., 1551 North Prospect Avenue, Milwaukee, WI 53202.
2.

Should the Defendants fail to make a scheduled payment on or before the day for which

such payment is due, Plaintiff shall have the righl, upon the filing of an affidavit of default, without
notice to the Defendants, to reopen this matter and take judgment against the defendants in the amount
of $6,000.00 plus costs less any payments which have been made pursuant to this Stipu1ation.
Plaintiffs acceptance of one or more late payments by the defendants shall not constitute a waiver of
Plaintiffs rights under this Stipulation.
3.

Upon full and final payment of this Stipulation, the Plaintiff shall provide a Release for

any and a11 claims arising from the pleadings alleged in this case.

4.

The above captioned matter shall be dismissed as to the defendants, OCTANE BAR &

GRILL LLC d/b/a OCTANE BAR & GRILL, MICHAEL A. OSBORNE, individually and as a
member of OCTANE BAR & GRILL LLC, and KELLIE J. OSBORNE, individually and as a
member of OCTANE BAR & GRILL LLC., without prejudice and without further costs to either
party.

Dated at Madison, Wisconsin this _ _ 'day of October, 2013.

BY THE COUHff:

Stephen L. Crocker
U.S. Magistrate Judge

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