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Hendricks & Lewis, PLLC v. Clinton, C12-0841RSL. (2017)

Court: District Court, D. Washington Number: infdco20170519e60 Visitors: 4
Filed: May 18, 2017
Latest Update: May 18, 2017
Summary: STIPULATION AND AGREED ORDER TERMINATING RECEIVERSHIP, DISCHARGING RECEIVER, AND FOR RELATED RELIEF ROBERT S. LASNIK , District Judge . STIPULATION Gayle E. Bush (the "Receiver"), court-appointed receiver in the above-captioned case, George Clinton ("Clinton"), and Hendricks & Lewis, PLLC ("H&L", and, collectively with the Receiver and Clinton, the "Parties"), as evidenced by the signatures of their counsel below, stipulate and agree as follows: 1. The two judgments entered in favor of p
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STIPULATION AND AGREED ORDER TERMINATING RECEIVERSHIP, DISCHARGING RECEIVER, AND FOR RELATED RELIEF

STIPULATION

Gayle E. Bush (the "Receiver"), court-appointed receiver in the above-captioned case, George Clinton ("Clinton"), and Hendricks & Lewis, PLLC ("H&L", and, collectively with the Receiver and Clinton, the "Parties"), as evidenced by the signatures of their counsel below, stipulate and agree as follows:

1. The two judgments entered in favor of plaintiff H&L and against Clinton in this District in Hendricks & Lewis PLLC v. Clinton, Case No. C10-02530-JCC—the first, in the amount of $1,675,639.82, entered on May 28, 2010, and the second, in the amount of $60,786.50, entered on July 19, 2010 (the "Judgments")—have been fully satisfied.

2. 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 shall be released to Bush Kornfeld LLP, to be distributed on a pro rata basis to that firm and K&L Gates, the Receiver's special counsel in full satisfaction of the fees and costs of the Receiver and his professionals.

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, 2017, for licensing any of the master sound recordings of the Funkadelic albums "Hardcore Jollies," "One Nation Under A Groove," "Uncle Jam Wants You," and "The Electric Spanking of War Babies" (the "Recordings") by the Receiver during the Receivership, shall be paid to Clinton.

6. The Parties agree to the termination of the Receivership and discharge of the Receiver and his professionals.

ORDER

Now, therefore, it is hereby ORDERED as follows:

1. The above stipulation (the "Stipulation") is approved.

2. The clerk shall note upon the record the full satisfaction of the two judgments entered in favor of H&L and Clinton.

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 Recordings. The Receiver is hereby divested of all rights, title, and interest in the copyrights of the Recordings.

5. All rights, title, and interest in the Recordings and the copyrights vested in the Receiver by the Court, including under the November 27, 2012 Order Appointing Receiver and Authorizing Sale of Copyrights (Doc. 62) and the October 30, 2015 Order Granting In Part Motion for Rule 70 Relief and Contempt Sanctions (Doc. 155), are hereby re-vested in George Clinton. Any lien on the Recordings created by the Court is hereby terminated.

6. This Court's June 25, 2015 Order Compelling Turnover of Master Recordings (Doc. 136) is hereby vacated. The Barack Obama Green Charter High School Foundation is released from any obligation to respond thereto.

7. The Receiver is discharged pursuant to RCW § 7.60.290 and fully released from any and all claims related to this Receivership.

8. The Receiver's bond is hereby exonerated.

9. The funds held in the Trust Account shall be distributed pursuant to the above stipulation. No further compensation shall be allowed to the Receiver and his professionals pursuant to RCW § 7.60.180.

10. The Court hereby concludes its administration of the copyrights of the

Source:  Leagle

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