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‘MARTIN D. SINGER (BAR NO. 78166)
ALLISON S. HART (BAR NO. 190409)
CAVELY a SINGER, A BRORESSIONAL i
CORPORATION re 297i
S019 Century Pak Bas, Suite 2400 iv oc
‘Los Angeles, California 90067-2906 shard Cartan, Executive ON
‘ips (0) S86 801 rere Dee
Facsimile: (310) 556-3615
Email: mdsinger@ lavelysinger.com
ahart @lavelysinger.com
Attomeys for Plaintiffs David Frankel and
Luge Club Productions, Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ~ WEST DISTRICT
DAVID FRANKEL, an individual: and Case No, SC 123474
LUGE CLUB PRODUCTIONS, INC,, a
California corporation, Assigned To: Hon. Nancy L. Newman - Dept
a
Plaintiffs,
I~ JUDGMENT IN FAVOR OF
v. | DAVID FRANKEL AND LUGE CLUB
PRODUCTIONS, INC. PURSUANT TO
‘THE WEINSTEIN COMPANY, LLC, a STIPULATION OF THE PARTIES
Delaware limited liability company; and
DOES 1-10, Inclusive,
Defendants.
Pursuant to the terms of the Settlement Agreement (“Agreement”) dated as of October 23,
2017, itis HEREBY STIPULATED by and between Plaintiffs David Frankel and Luge Club
Productions, Ine. (“Plaintiffs”) and Defendant The Weinstein Company LLC (“Defendant”) as
follows:
1. The partes entered in the Agreement inthe above-captioned action which
provides, among other things, that Defendant shall pay Plaintiffs the total sum of $2,000,000 in
two installments, with the first payment of $1,500,000 to be paid within eight (8) weeks of
Plaintiffs’ execution and delivery to Defendant of the Agreement (the “First Payment”) and the
second payment of $500,000 to be paid twelve months from the date of Plaintiffs" execution and
‘STIPULATED JUDGMENT
ACTIVESIT2IO4RN- 191710
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dolivery to Defendant of the Agreement (the “Second Payment”). ‘The First Payment and Second
Payment are collectively referred to asthe “Settlement Payment.”
2. Pursuant to the Agreement, Plaintiffs’ counsel, Lavely & Singer Professional
Corporation, have agreed to hold in escrow this Stipulated Judgment and fil it with the Court, if
and only if, Defendant fails to timely pay the Settlement Payment. If Defendant makes the First
Payment to Plaintiffs, but fails to timely make the Second Payment to Plaintiffs, Defendant will
be credited for the amount of the Settlement Payment previously paid by Defendant and the
amount of the Stipulated Judgment will be reduced accordingly.
3. The parties have further agreed that Plaimifis are entitled to reasonable attorneys”
fees and costs incurred in connection with the collection and enforcement ofthe First Payment or
the Second Payment, plus interest if and as permitted by law.
4. ITIS THEREFORE ORDERED, ADJUDGED, DECLARED AND DECREED
that judgment be entered and is so entered in favor of Plaintiffs and against Defendants in the
dant, plus
amount of $2,000,000, less the S, payment previously made by Defen
curred in connection with the collection
reasonable attorney's fees and costs of $
and enforcement ofthis Stipulated Judgment
'S. If this Stipulated Judgment is filed, Plaintiffs shal file a declaration by Plaintiffs
‘or their atorneys that shal also set forth the amount of any credit to which Defendant is entitled
to fill in the first blank space in the Paragraph 4. ‘This amount shall be included in the first blank
set forth in Paragraph 4 above. Plintifs shall also file a Memorandum of Costs and a Motion for
Attomeys’fes in order to have the second blank space in Puragraph 4 filed in with the sums the
Court orders. In accordance with Plants’ Motion for Attorneys’ Fees, and any opposition
thereto, the Court shall determine the reasonableness of Plants’ storeys" fes in accordance
with Civil Code section 1717. ‘The amount of atomeys' fees sot bythe Court in accordance with
section 1717 shall be included in the second blank set forth in Paragraph 4 above
6. [Neither Pliniffs nor Defendants shall appeal fom this Judgment
‘STIPULATED JUDGMENT
ACTIVES! 725948114117DATED: — November £22017
Daten: November Gort
DATED: November_,2017
serieHS EAST
"THE WEINSTEIN COMPANY, LLC
By
Name:
Tike |
aeRO OBST 7DATED: November _, 2017
DATED: November __, 2017
DATED: November __, 2017
ACTIVEISI T2948 1917
DAVID FRANKI
LUGE CLUB PRODUCIONS, INC.
By:
Name:
Tite:
‘THE WEINSTEIN COMPANY, LLC
7 Berto
Name: _David C. Glasser
Title: __COO/ President
STIPULATED JUDGMENT10
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DATED: November (2, 2017
DATED: November __, 2017
DATED: November _,
017
ACTIVESIT23948.3-105017
LAVELY & SINGI
CORPORATION /
3
Wi
MARTIN D. SINGE
Attorneys for Plaintiffs
DAVID FRANKEL and
PRODUCTIONS, INC.
FOX ROTHSCHILD LLP
B
ALANR. FRIEDMAN
‘Attorneys for Defendant
‘THE WEINSTEIN COMPANY
GREENBERG GLUSKER FIELDS
CLAMAN & MACHTINGER LLP
B
BERTRAM FIELDS
Attomeys for Defendant
‘THE WEINSTEIN COMPANY
‘STIPULATED JUDGMENTDATED: November, 2017
DATED: November __, 2017
DATED: November __, 2017
AcrIVERSI7229488.11517
‘STIPULATED UDGMENT
LAVELY & SINGER PROFES
CORPORATION
By:
MARTIN D, SINGER
Attorneys for Plaintiffs
DAVID FRANKEL and LUGE CLUB
PRODUCTIONS, INC,
we CLM Ved
ALAN Sssaan
‘Atiorneys for Defendant
‘THE WEINSTEIN COMPANY
GREENBERG GLUSKER FIELDS
CLAMAN & MACHTINGER LLP
By
BERTRAM
Attorneys for Defendant
‘THE WEINSTEIN COMPANYu
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DATED: November_, 2017
DATED: November __, 2017
DATED: Novenber 6, 2017
67 -opoeanan83171
ACTIVESSI723948 03-1157
LAVELY & SINGER, PROFESSIONAL
CORPORATION
By:
MARTIND, SINGER
Attorneys for Plaintifis
DAVID FRANKEL and LUGE CLUB
PRODUCTIONS, INC.
FOX ROTHSCHILD LLP
By: meme
ALAN. FRIEDMAN
‘Attomeys for Defendant
‘THE WEINSTEIN COMPANY
GREENBERG GLUSKER FIELDS
CLAMAN & MACHTINGER LLP
ae
By. Mast) Sy 7
TOT LTO
Attorneys for Defendant a
‘THE WEINSTEIN COMPANY1
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ITIS SO ORDERED, ADJUDGED AND DECREED.
Nancy Newnan
varev: 2/ 8/ |?
Tg oe Soper Coat
GE IDB4N
Frankel y, The Wlinstia Conpens
Judlgirent Parsnant to Sipulehon
ta ooeiur173
‘STIPULATED JUDGMENT
ACTIVESI725948 0311117