Case 4:08-cv JSW Document 767 Filed 02/23/16 Page 1 of 7

Transcription

1 Case :0-cv-0-JSW Document Filed 0// Page of STEVEN AMES BROWN Entertainment Law Grand View Avenue San Francisco, California - /-00 Tele /-0 Fax sabrown@entertainmentlaw.com THERESE Y. CANNATA, SBN 0 Cannata, Ching & O Toole, LLP 0 Pine Street San Francisco, California /0-00 Tele /0-0 Fax tcannata@ccolaw.com Attorneys for Plaintiff Brown UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION STEVEN AMES BROWN, CIVIL NO. 0-0 JSW (MEJ) Plaintiff, v. Related Case: - JSW (MEJ) ANDREW B. STROUD, an individual and dba STROUD PRODUCTIONS AND ENTERPRISES, INC. Defendant. / METHVEN & ASSOCIATES PROFESSIONAL CORPORATION, v. Plaintiff SCARLETT PARADIES-STROUD, ET AL, Defendants / ADMINISTRATIVE MOTION FOR AN ORDER TO SHOW CAUSE WHY PENDING CLAIMS SHOULD NOT BE DISMISSED AS MOOT -0-

2 Case :0-cv-0-JSW Document Filed 0// Page of SUMMARY A third settlement conference was held in the within matters on December,. The docket entry for that date unequivocally states that the claims as between Plaintiff Brown, the Simone Estate and Sony Music have been resolved. Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Settlement Conference held on //. Case settled. Written settlement agreements were signed. Inexplicably, Sony Music refuses to execute a stipulation dismissing those claims. For the reasons set forth below, Plaintiff Brown administratively moves for entry of an order requiring Sony Music to show cause why the pending claims should not be dismissed as moot. DECLARATION OF STEVEN AMES BROWN I, STEVEN AMES BROWN, declare:. I am the Plaintiff in Brown v. Stroud and a defendant in Methven v. Paradise- Stroud.. The docket entry above-quoted accurately reflects the result of the December, settlement conference. The Simone Estate and I entered into a written settlement agreement with Sony Music which resolved all of our pending claims in these related cases.. Shortly after the settlement agreement was executed we discovered a clerical error in the way one exhibit was incorporated into the body of the document. On or about December, the parties executed a written amendment to the settlement which corrected the clerical error.. On January, the Court signed the order directing the Clerk to distribute the physical property that had been deposited in the interpleader action. Methven v. Paradise-Stroud, Document. --

3 Case :0-cv-0-JSW Document Filed 0// Page of. With all pending claims having been resolved by a written settlement agreement and the deposited physical items ordered disbursed by the Court, we had no further business before this Court and it was time for the parties to file a stipulation of dismissal. So, on January, I sent a draft stipulation of dismissal to Sony Music. I attach a true copy as Exhibit. I sent the draft to Sony Music a second time on February th. Sony has failed to comment on the draft.. Instead, Sony has requested a fourth settlement conference. I advised Judge Corely, in an circulated to Sony, that I did not wish to participate in any further settlement conferences. Furthermore, owing to an unfortunate accident one of Sony s trial counsel, Ms. Greer, wasn t even available for such a conference.. From what Sony has made known to me, it appears their purpose in seeking a fourth settlement conference is to renegotiate the signed settlement agreement and obtain further unilateral concessions from the Simone Estate and me. Now that all pending claims have been resolved by a written contract, there is no judicial function to be served by further proceedings. Indeed, there is no longer any case or controversy.. I am acutely aware of how generous the Court has been to date, allowing us two additional settlement conferences to document a settlement read into the record on October,. I cannot think of a justification for potentially depriving another litigant of the opportunity to have a judicially supervised settlement conference so that we can revisit a signed agreement that disposed of all of our pending claims.. Also, I have a number of pending motions requesting the unsealing of documents and Sony has a number of motions requesting the sealing of documents to which I have objected. Those motions do not become moot until the pending claims are dismissed.. I ask that the Court enter the requested order directing Sony to show cause why the pending claims should not be dismissed as moot. Pursuant to the laws of the United States, I declare under penalty of perjury the --

4 Case :0-cv-0-JSW Document Filed 0// Page of foregoing is true and correct. Dated: February, /X/ STEVEN AMES BROWN --

5 Case :0-cv-0-JSW Document Filed 0// Page of Pursuant to Local Rule -(a)() please see the last page for a listing of parties represented UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION STEVEN AMES BROWN, v. Plaintiff, ANDREW B. STROUD, an individual and dba STROUD PRODUCTIONS AND ENTERPRISES, INC. Defendant. / METHVEN & ASSOCIATES PROFESSIONAL CORPORATION, CIVIL NO. 0-0 JSW (DMR) CIVIL NO. - JSW (MEJ) v. Plaintiff. STIPULATION & [PROPOSED] ORDER DISMISSING CLAIMS SCARLETT PARADISE-STROUD, et. al., Defendants / Stip & [Proposed] Order Dismissing Claims Page 0 Exhibit

6 Case :0-cv-0-JSW Document Filed 0// Page of Steven Ames Brown ( Brown ), San Pasqual Fiduciary Trust Company as administrator of the Estate of Nina Simone ( Simone Estate ) and Sony Music Entertainment ( Sony Music ) hereby stipulate as follows: Brown, the Simone Estate and Sony Music hereby dismiss with prejudice all claims each of them has made against the other in these proceedings, including but not limited to Brown v. Stroud, Documents, 0 and, and Methven v. Paradise-Stroud, Documents and 0, including the sealed versions thereof, with each party bearing its own costs and attorney s fees. These dismissals do not affect any claims against any other party, or the judgment and amendment thereof entered in Brown v. Stroud, Documents 0 and. Dated: January, STEVEN AMES BROWN Entertainment Law Grand View Avenue San Francisco, California - /-00 Tele /-0 Fax sabrown@entertainmentlaw.com Respectfully submitted, /s/ STEVEN AMES BROWN, Plaintiff in pro se /s/ DOROTHY M. WEBER, Shukat, Arrow, Hafer, Weber &, LLP, Attorneys for the Estate of Nina Simone /s/ JULIA GREER, COBLENTZ, PATCH, DUFFY & BASS, LLP, Attorneys for Reply Counterdefendant Sony Music Entertainment erroneously sued as Sony Music Holdings, Inc. Stip & [Proposed] Order Dismissing Claims Page Exhibit

7 Case :0-cv-0-JSW Document Filed 0// Page of THERESE Y. CANNATA SBN 0 Cannata, Ching & O Toole, LLP 0 Pine Street San Francisco, California /0-00 Tele /0-0 Fax tcannata@ccolaw.com Attorneys for Plaintiff Brown DOROTHY M. WEBER, pro hac vice Shukat, Arrow, Hafer, Weber & Herbsman, LLP West th Street, Suite New York, New York 0 /-0 Tele /- Fax dorothy@musiclaw.com Attorneys for Estate of Nina Simone JULIA GREER, Esq. (Bar No. 0) COBLENTZ, PATCH, DUFFY & BASS, LLP One Ferry Building, Suite 0 San Francisco, CA - /-00 Tele /- Fax jdg@cpdb.com Attorneys for Reply Counterdefendant Sony Music Entertainment, Erroneously sued as Sony Music Holdings, Inc. It is so ordered. [PROPOSED] ORDER Dated: United States District Judge Stip & [Proposed] Order Dismissing Claims Page Exhibit