Perry et al v. M.O.B Music Incorporated et al

MOTION

N.D. Ill.March 1, 2012

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION WILLIE PERRY. JR., and JEROMEHAYWOOD, Plaintiffs. M.O.B. MUSIC INCORPORATED, d/b/a M.O.B. MUSIC PUBLISHING INCORPORATED, MOB MUSIC PUBLISHING, MOB MUSIC PUBLISHING COMPANY, and M.O.B. RECORDS INC.; MARVEL THOMPSON; and KAPIECE TYRUS. Judge Sharon Johnson Coleman 1:1 l -cv-2198 Defendants. DEFENDANTS' COTJNSELS' PETITION FOR ADJUDICATION OF THE RIGHTS OF DEFENDANTS M.O.B, MUSIC AND KAPIECE TYRUS VERSUS THEIR COI,NSEL AND FOR ENFORCEMENT OF ATTORNEYS' LIENS FOR $36,885.I6, PURSUANT TO 770 ILCS 5/I Counsel of record for defendants M.O.B. MUSIC, INC., and KAPIECE TYRUS respectfully petition the Court under 770 ILCS 5/1 (text at Ex. 1, attached) for adjudication of their right to payment of their attomey fees in this and the related, prior state court matter among the same parties. Briefly, in support of this Petition for adjudication and enforcement of COUNSEL'S NOTICE OF ATTORNEYS' LIEN ..., attached as Ex. 2 with documentary Exs. A-E, Counsel states as follows. Defendant Tyrus agreed for herself and her company, M.O.B. Music, that counsel Mr. Lohman and then also Mr. Crossan would represent her and MOB in defending Page I of4 Case: 1:11-cv-02198 Document #: 67 Filed: 03/01/12 Page 1 of 4 PageID #:282 them against claims of plaintiff(s) to author's and performers' royalties for the popular dance music Cfto Cha Slide and related works. She signed representation agreements with Mr. Lohman (Ex. 2-B) and paid him a $5100 retainer, and she consented to Mr. Crossan's representation agreement and paid him a retainer of $2000 (Ex. 2-D). Ms. Tyrus has paid nothing further during the course of the prior Cook County suit or this federal litigation to either counsel since meeting the retainer requirements. She has however made no specific objection to the work done or to the amounts billed to her by counsel, despite repeated invitations to discuss the statements with counsel. The case is now settling favorably to Ms. Tyrus and her company. Monies are owed to her by her own registered Performing Rights Organization, ASCAP, including monies held by Plaintiffs' representative, BMI, and which are soon to be paid to ASCAP and then by ASCAP to her and MOB. Counsel is at present unsure of the amounts of those monies held by ASCAP, but expect that at least $18,000-some is due from BMI and a similar amount from ASCAP. Continuing royalties will also be paid as the music continues to be played in the USA and reported to BMI and ASCAP. On February 27,2012, undersigned counsel sent by email and by certified USPS mail, to counsel for each Plaintiff in Chicago and to BMI and ASCAP personnel in New York City, the attached Notice of Attorneys' Lien (Ex. 2 hereto), with attachments documenting the claims of counsel. A certified USPS envelope with the notice and atlachments also was sent the same day to pro se co-defendant Mr. Thompson, the federally incarcerated husband of Ms. Tyrus. Retum receipts have been received from local Plaintiffs' counsel, and we have been in touch with BMI and ASCAP counsel via email Page 2 of4 Case: 1:11-cv-02198 Document #: 67 Filed: 03/01/12 Page 2 of 4 PageID #:283 The five days required by 770 ILCS 5/r,2nd paragraph (Ex. l hereto), between rhe February 27 norice of this claim are up on Marcrr 5, so this March 7 hearing is sufficient for adjudication and enforcement of counsers' attomeys, Iien in the circumstances. Five days, notice also is provided to prainriffs, via their counser, of presentrn€nt and hearing of this petition, from March l to March 7, weekends excepted. Notice of this claim is given to Ms. Tlrrrs for her and MoB Music this I't day of March, 2012, viaemail, so the March 7 hearing is timely for that purpose, too, should she be considered adverse. Detailed bilring statements of each counsel wilr be available at the hearing for consideration by the court and Ms. .ryrus, should she appear. A proposed order is attached as Ex. 3 for the court,s consideration and entry. The underrying case' being settled by agreement among the parties, may be dismissed on motion of the parties, yet the court's order on this petition will survive the dismissar for enforcement of the attomeys' lien. See Magistrate-Judge Denrow,s article, referenced on this Court's web page. Dated: March l, 2012 Respectfully submitted, Counsel for M.O.B. Music, Inc. and Mrs. Kapiece Tyrus, Defendants and Counterclaim plaintiffs By: s/John R. Crossan/ CRossAN Ip LA w, LLC 444 N. Michigan Ave., #2600 Chicago, IL 60611-3903 Telephone: 3 I 2-67 0 -6960 Fax: 312.264-0770 Email : jrc@crossaniplaw.com Robert G. Lohman, Jr. LoHMAN LAw OFFTCES 3310 N Harlem Ave., #107 Chicago, lL 60634 Page 3 of4 Case: 1:11-cv-02198 Document #: 67 Filed: 03/01/12 Page 3 of 4 PageID #:284 Telephone: 77 3-889-7 451 Fax:. '173-889-'7452 Email : justice@lohmanlaw.net EXHIBITS ATTACHED 770 ILCS 5/1 text ............. ........................ I COLNSELS'NOTICE OF ATTORNEYS'LIEN .,..,...,... 2 Lohman Law Office Statement, for $20,760.16 due ........................... A Lohman Agreements with Kapiece Tyrw, M.O.B. Music ................. B Crossan IP Law Statement, for $16,125.00 due .................................. C Crossan IP Law Agreement with Kapiece Tynrs ................................ D Settlement Agreement resolving the litigation, with pay splits .......... E PROPOSED ORDER ON THIS PETITION .............-....... 3 CERTIFICATE OF SERVICE A true copy of the foregoing document and exhibits attached is being served on each counsel for Plaintiffs and to pro se Defendant Mr. Marvel Thompson via the Court's CMIECF system, this 1't day of March,2012. s/ John R. Crossan Petitioner and Counsel for M.O.B. Music, Inc., and for Mrs. Kapiece Tyrus, Defendants and Counterclaim Plaintiffs Page 4 of 4 Case: 1:11-cv-02198 Document #: 67 Filed: 03/01/12 Page 4 of 4 PageID #:285