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Forrest A. Plant, Jr. - 072266 

Goldsberry, Freeman, Guzman & Ditora, LLP 

777 12th Street, Suite 250 

Sacramento, CA 95814 

(916) 448-0448; fax (916) 448-8628 

Attorneys for Plaintiffs 

IN THE UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF CALIFORNIA 

ANGEL NOTES MUSIC, TOBAKI MUSIC, 

INC., FAMOUS MUSIC CORPORATION, 

MONTELL JORDAN MUSIC, LEVARS 

CRIBB MUSIC, INC., WB MUSIC CORP., 

DIVINE MILL MUSIC, UH OH 

ENTERTAINMENT, LONE MUSIC AND 

EMI APRIL MUSIC, INC., 

 Plaintiffs, 

vs. 

ETHEL MAE THOMAS and ROBERT LEE 

THOMAS, JR., 

 Defendants. 

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Case No. CIV.S-04-2512 FCD PAN 

 

STIPULATION FOR SETTLEMENT AND 

ENTRY OF JUDGMENT IN THE EVENT 

OF DEFAULT 

IT IS HEREBY STIPULATED by and between Plaintiffs Angel Notes Music, Tobaki 

Music, Inc., Famous Music Corporation, Montell Jordan Music, Levars Cribb Music, Inc., WB 

Music Corp., Divine Mill Music, Uh Oh Entertainment, Lone Music and EMI April Music, Inc. 

(hereinafter “Plaintiffs”) and Ethel Mae Thomas and Robert Lee Thomas, Jr. (hereinafter 

“Defendants”) as follows: 

1. Defendants stipulate that Defendants shall pay to ASCAP, on behalf of Plaintiffs, 

the sum of Six Thousand Dollars ($6,000.00) in settlement of certain claims of ASCAP and its 

Case 2:04-cv-02512-FCD-PAN Document 10 Filed 07/21/05 Page 1 of 4
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members. The Defendants shall pay the settlement amount by an initial payment of $2,000 by no 

later than July 15, 2005 and a payment of the balance of $4,000 by no later than August 15, 

2005. 

2. This Stipulation is in settlement of all claims and causes of action by Plaintiffs 

against Defendants for infringements of copyrights by unauthorized non-dramatic public 

performances of Plaintiffs’ copyrighted works, whether known or unknown, including, without 

limitation, the specific claims and causes of action as alleged in the complaint on file herein, for 

all periods through July 15, 2005. Plaintiffs release all such claims and further waive the 

provisions of California Civil Code section 1542 which provides: 

A general release does not extend to claims which the creditor 

does not know or suspect to exist in his or her favor at the time of 

executing the release, which if known by him or her must have 

materially affected his or her settlement with the debtor. 

3. Contemporaneously with the execution of this Stipulation, ASCAP shall provide 

to Defendants a license agreement for the establishment known as Bobby T’s Sports Bar in 

Sacramento, California, which will cover the one-year period commencing January 1, 2005. 

Defendants shall accept and execute said license agreement and comply with all terms and 

conditions of that license agreement. License fees due under such license agreement for the year 

2005 shall be paid immediately and are in addition to the settlement amount referred to above. 

4. Failure of Defendants to make the payment on the date set forth in Paragraph 1 

above will constitute a default of Defendants’ obligations under this stipulation and will entitle 

Plaintiffs to judgment as hereinafter set forth. 

5. In the event of any default or other occurrence upon which judgment may be 

entered, as set forth above, and upon seven days’ written notice from ASCAP to Defendants’ 

attorney, judgment shall be entered against Defendants in the amount of Six Thousand Dollars 

($6,000.00) less the amount of any payment made pursuant to paragraph 1 above. 

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6. This action shall be dismissed with prejudice, subject to the right of Plaintiffs to 

move the court for an order reopening the action and entering judgment as provided in Paragraph 

5 above. 

IT IS SO STIPULATED. 

 Defendant:

Dated: 

 ETHEL MAE THOMAS 

 Defendant:

Dated: 

 ROBERT LEE THOMAS, JR. 

 Plaintiffs: 

 ANGEL NOTES MUSIC, et al. 

Dated: By: 

 RICHARD REIMER 

 ASCAP Vice-President, Legal Services 

APPROVED AS TO FORM:

Dated: Goldsberry, Freeman, Guzman & Ditora, LLP 

 By: 

 FORREST PLANT, JR. 

 Attorneys for Plaintiffs 

Dated: Kravitz Law Office 

 By: 

 JEFFREY S. KRAVITZ 

 Attorneys for Defendants 

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IT IS SO ORDERED.

Dated: July 21, 2005 /s/ Frank C. Damrell Jr. 

 UNITED STATES DISTRICT COURT JUDGE 

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