Plaintiffs' Motion to Reinstate and for Entry of Consent Judgment

Plaintiffs respectfully move this Court to reinstate the case and for entry of the Consent Judgment pursuant to the Settlement Agreement between the parties having an effective date of October 17, 2012. In support of this motion, Plaintiffs state as follows:

1. On June 14, 2012, Plaintiffs filed a Complaint against Defendants Tolios/Andrew, Inc. d/b/a Samy's Lounge a/k/a Samy's a/k/a Samy's Party Bar and Aspasia Andrew (collectively, "Defendants") alleging four counts of copyright infringement. (Dkt. 1.)

2. On June 20, 2012, Defendant Tolios/Andrew, Inc. d/b/a Samy's Lounge a/k/a Samy's a/k/a Samy's Party Bar was properly served with a copy of the Complaint. (Dkt. 7.)

3. On June 25, 2012, Defendant Aspasia Andrew was properly served with a copy of the Complaint. (Dkt. 9.)

4. On August 10, 2012, Defendants filed their Answer to Complaint. (Dkt. 14.)

5. On October 17, 2012, the parties entered into a Settlement Agreement. A true and correct copy of the Settlement Agreement is attached as Exhibit A to this motion.

6. Defendants agreed to entry of the Consent Judgment in the event that they failed comply with the obligations set forth in Paragraph 1 pursuant to Paragraph 2. (Ex. A at ¶ 2.) A true and correct copy of the Consent Judgment is attached as Exhibit B to this motion.

7. In particular, Defendants were obligated to provide four checks dated December 1, 2012, March 1, 2013, June 1, 2013, and September 1, 2013, to cover the entire settlement amount. (Ex. A at ¶ 1.)

8. On December 10, 2012, the Court dismissed the case, without prejudice, with leave to reinstate by November 1, 2013. (Dkt. 25.)

9. On September 17, 2013, Defendants' check dated September 1, 2013, was returned by the bank from which it was drawn because the account was closed. A true and correct copy of the returned check is attached as Exhibit C to this motion.

10. On October 16, 2013, counsel for Plaintiffs informed counsel for Defendants that the last check was returned because the bank account had been closed and requested that Defendants promptly provide a cashier's check to satisfy the last payment owed under the Settlement Agreement. A true and correct copy of the letter dated October 16, 2013 is attached as Exhibit D to this motion.

11. Defendants did not provide a written response to the October 16 letter and have not paid the outstanding settlement amount of $2,500.00.

12. Defendants' failure to satisfy the last payment of $2,500.00 constitutes a breach of the Settlement Agreement for failure to comply with their obligations under Paragraph 1 of the Settlement Agreement.

13. As set forth in the Consent Judgment, the judgment amount is $20,000 minus $7,500.00 (that represents the amount that has been paid already by the Defendants pursuant to Paragraph 1 of the Settlement Agreement) plus 9% interest from September 1, 2013, until entry of the Consent Judgment by the Court. (Ex. B at ¶ 4.)

14. Defendants agree that they are subject to the jurisdiction of this Court and that venue is proper for entry and enforcement of the Consent Judgment and for enforcement of the Settlement Agreement. (Ex. A at ¶ 2.)

15. Accordingly, entry of the Consent Judgment for a judgment amount of $12,500.00 plus 9% interest from September 1, 2013, until entry of the Consent Judgment by the Court is proper.

THEREFORE, Plaintiffs respectfully request that the Court grant Plaintiffs' Motion to Reinstate and for Entry of Consent Judgment and enter judgment in the amount of $12,500.00 plus 9% interest from September 1, 2013, until entry of the Consent Judgment by the Court.

EXHIBIT A

EXHIBIT B

IN THE UNITE LIB STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

CONSENT JUDGMENT

Plaintiffs having filed an action for copyright infringement against Defendants, the parties now request entry of this Judgment.

IT IS ORDERED, ADJUDGED AND DECREED THAT:

1. Plaintiff Broadcast Music, Inc. licenses the right of public performance, and the other Plaintiffs own the copyrights, in the following musical compositions:

2. Defendants have willfully infringed the copyrights in the musical works listed in Paragraph 1 above.

3. Defendants are hereby permanently enjoined from causing any unlicensed public performances of any musical works licensed by Broadcast Music, Inc.

4. Defendants shall pay the Plaintiffs damages in the amount of $ ____________, which represents an agreed to amount of $20,000 minus $ ____________, which represents the amount that has already been paid by Defendants pursuant to paragraph 1 of the Settlement Agreement between the parties. Therefore, judgment is hereby entered in favor of Plaintiffs and against Defendants in the amount of $____________, plus interest of 9% from ____________.

5. This Court shall retain jurisdiction over this matter for enforcement of this Judgment.

EXHIBIT C

EXHIBIT D