Broadcast Music, Inc. v. Cherrie Bailey, an individual dba Ponderosa Saloon

District Court, D. Nevada

Broadcast Music, Inc. v. Cherrie Bailey, an individual dba Ponderosa Saloon

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., House of Cash, Inc., 6 Peermusic III Ltd, Rio Bravo Music, Inc., and Rondor Music International, Inc. dba Irving Music 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 BROADCAST MUSIC, INC.; HOUSE OF CASH, 11 Case No.: 3:22-cv-00157-MMD-CSD INC.; PEERMUSIC III LTD.; RIO BRAVO 12 MUSIC, INC.; and RONDOR MUSIC INTERNATIONAL, INC. d/b/a IRVING MUSIC, 13 STIPULATED JUDGMENT AGAINST Plaintiffs, DEFENDANT CHERRIE BAILEY, AN 14 INDIVIDUAL AND D/B/A vs. PONDEROSA SALOON 15 CHERRIE BAILEY, an individual d/b/a 16 PONDEROSA SALOON, 17 Defendants. 18 19 Plaintiffs, Broadcast Music, Inc., House of Cash, Inc., Peermusic III LTD., Rio Bravo Music, 20 Inc., and Rondor Music International, Inc. d/b/a Irving Music (collectively “Plaintiffs”), and 21 Defendant, Cherrie Bailey, an individual and doing business as Ponderosa Saloon (“Bailey”), by and 22 through their undersigned counsel, pursuant to the written Settlement Agreement and Mutual Release 23 entered into between the parties, hereby stipulate to have judgment entered against Bailey and in 24 favor of Plaintiffs as follows: 25 IT IS ORDERED, ADJUDGED AND DECREED THAT: 26 1. Plaintiff Broadcast Music, Inc. licenses the right of public performance, and the other 27 Plaintiffs own the copyrights, in the following musical compositions: 1 b) Georgia On My Mind 2 c) Miss Rodeo a/k/a Rodeo 3 d) Sitting On The Dock Of The Bay a/k/a Sittin’ On The Dock Of The Bay 4 2. Bailey has willfully infringed the copyrights in the musical works listed in Paragraph 1 5 || above. 6 3. Bailey, an individual and doing business as Ponderosa Saloon located at 106 S. C Street, 7 || Virginia City, Nevada 89440, is hereby permanently enjoined from causing any unlicensed public 8 || performances of any musical works licensed by Broadcast Music, Inc. 9 The parties further consent to and request that this Court, pursuant to Kokkonen v. Guardian 10 || Life Insurance Company of America,

511 U.S. 375, 381-82

(1994), retain jurisdiction of this action for 11 || the purpose of enforcing the terms of the Settlement Agreement and Mutual Release by entering the 12 || Confession of Judgment, which has separately been executed by the parties and retained by Plaintiffs’ 13 || counsel, to be filed in the event of a breach of the Settlement Agreement and Mutual Release. 14 Pursuant to this Stipulated Judgment, the Clerk of Court is directed to enter Judgment in favor 15 || of Plaintiffs and against Bailey on the terms stated herein. The Clerk of Court may thereafter close the 16 || case. 17 || GUNDERSON LAW FIRM ARMSTRONG TEASDALE LLP 18 By:___/s/ Catherine Reichenberg By: /s/ Michelle D_Alarie 19 CATHERINE REICHENBERG, ESQ. MICHELLE D. ALARIE, ESQ. Nevada Bar No. 10362 Nevada Bar No. 11894 20 3895 Warren Way 3770 Howard Hughes Parkway, Suite 200 Reno, Nevada 89509 Las Vegas, Nevada 89169 21 Telephone: 775.829.1222 Telephone: 702.678.5070 Facsimile: 775.829.1226 Facsimile: 702.878.9995 22 [email protected] [email protected] 23 || Attorneys for Defendant Cherrie Bailey dba Attorneys for Plaintiffs Broadcast Music, Inc., Ponderosa Saloon House of Cash, Inc., Peermusic III Ltd, Rio 24 Bravo Music, Inc., and Rondor Music 35 International, Inc. dba Irving Music

26 IT IS □□ KeD. 27 □□ 28 UNITED STATES DISTRICT JUDGE DATE: July6,202200

Reference

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