Broadcast Music, Inc. v. Wild West Gaming, LLC

District Court, D. Nevada

Broadcast Music, Inc. v. Wild West Gaming, LLC

Trial Court Opinion

1 MICHELLE D. ALARIE, ESQ. Nevada Bar No. 11894 2 ARMSTRONG TEASDALE LLP 3770 Howard Hughes Parkway, Suite 200 3 Las Vegas, Nevada 89169 Telephone: (702) 678-5070 4 Facsimile: (702) 878-9995 [email protected] 5 Attorneys for Plaintiffs Broadcast Music, Inc., Concord Music Group, Inc. d/b/a Jondora Music, 6 Rondor Music International, Inc. d/b/a Irving Music, Beechwood Music Corporation, Unichappell Music Inc., Combine Music Corp., Sony/ATV Songs LLC d/b/a Sony/ATV Acuff Rose Music, 7 Galeneye Music, EMI Blackwood Music Inc. 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 BROADCAST MUSIC, INC.; CONCORD MUSIC 11 Case No.: 2:19-cv-1104-JCM-EJY GROUP, INC. d/b/a JONDORA MUSIC; RONDOR 12 MUSIC INTERNATIONAL, INC. d/b/a IRVING MUSIC; BEECHWOOD MUSIC CORPORATION; 13 UNICHAPPELL MUSIC INC.; COMBINE MUSIC STIPULATION AND ORDER FOR CORP.; SONY/ATV SONGS LLC d/b/a DISMISSAL WITH PREJUDICE 14 SONY/ATV ACUFF ROSE MUSIC; GALENEYE MUSIC; EMI BLACKWOOD MUSIC INC., 15 Plaintiffs, 16 vs. 17 WILD WEST GAMING, LLC d/b/a PIONEER 18 SALOON and NOEL SHECKELLS and 19 THOMAS B. SHECKELLS, each individually, 20 Defendants. 21 22 IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, Broadcast Music, 23 Inc., Concord Music Group, Inc. d/b/a Jondora Music, Rondor Music International, Inc. d/b/a Irving 24 Music, Beechwood Music Corporation, Unichappell Music Inc., Combine Music Corp., Sony/ATV 25 Songs LLC d/b/a Sony/ATV AcuffRose Music, Galeneye Music, EMI Blackwood Music Inc. 26 (collectively, “Plaintiffs”), by and through their counsel, Armstrong Teasdale LLP, and Defendants 27 Wild West Gaming, LLC dba Pioneer Saloon, Noel Sheckells, and Thomas B. Sheckells, by and 1 || asserted in the above-referenced action, which has been memorialized in a Settlement Agreement and 2 ||Mutual Release, and therefore, the parties agree that all claims asserted by Plaintiffs against 3 || Defendants in the above-referenced action may be dismissed with prejudice by order of this Court. 4 The parties further consent to and request that this Court, pursuant to Kokkonen v. Guardian 5 || Life Insurance Co. of America,

511 U.S. 375, 381-82

(1994), retain jurisdiction of this action for the 6 || purpose of enforcing the terms of the Settlement Agreement and Mutual Release by entering the 7 Consent Judgment which has been executed by the parties and retained by Plaintiffs’ counsel, to be 8 || filed in the event of a breach of the Settlement Agreement and Mutual Release. 9 Except as provided above, this case may be dismissed with prejudice. Each party will bear its 10 || own attorney fees and costs in this matter. 1] D Dated this 31st day of March, 2021. Dated this 31st day of March, 2021. 13 | ARMSTRONG TEASDALE LLP LAW OFFICES OF KEVIN R. HANSEN 14 By:/s/ Michelle D. Alarie By: /s/ Kevin R. Hansen 15 MICHELLE D. ALARIE, ESQ. KEVIN R. HANSEN, ESQ. 16 Nevada Bar No. 11894 Nevada Bar No. 6336 3770 Howard Hughes Parkway, Suite 200 AMY M. WILSON, ESQ. 17 Las Vegas, Nevada 89169 Nevada Bar No. 13421 5400 W. Sahara Avenue, Suite 206 18 Attorneys for Plaintiffs Las Vegas, NV 89146 19 Attorneys for Defendants 20 2] 22 IT IS SO ORDERED. 23 a ; NBA Ae J. Ato Maw 24 UNITED STATES DISTRICT JUDGE 25 DATE: April 7, 2021. 26 27 28

Reference

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