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CONSENT DECREE and PERMANENT INJUNCTION Filed By Warner Bros Home Entertainment Inc v. Said Almoradi et al Doc. 22 1 J. Andrew Coombs (SBN 123881) [email protected] 2 Annie S. Wang (SBN 243027) [email protected] 3 J. Andrew Coombs, A P. C. 517 East Wilson Avenue, Suite 202 JS-6 4 Glendale, California 91206 Telephone: (818) 500-3200 5 Facsimile: (818) 500-3201 6 Attorneys for Plaintiff Warner Bros. Home Entertainment Inc. 7 M. Stephen Cho (SBN 218430) 8 Carlo C. Ignacio (SBN 259608) [email protected] 9 Cho Sheasby Chung & Ignacio, LLP 10535 Foothill Boulevard, Suite 460 10 Rancho Cucamonga, California 91730 Telephone: (909) 581-1445 11 Facsimile: (909) 581-1332 12 Attorney for Defendant Said Almoradi, an individual and d/b/a Amazon.com 13 Seller Best Deal$ 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16 ) 17 Warner Bros. Home Entertainment Inc., ) Case No. CV13-241 VAP (OPx) ) 18 Plaintiff, ) [PROPOSED] CONSENT DECREE ) AND PERMANENT 19 v. ) INJUNCTION ) 20 Said Almoradi, an individual and d/b/a ) Amazon.com Seller Best Deal$, and Does ) 21 1-10, inclusive, ) ) 22 Defendants. ) ) 23 24 The Court, having read and considered the Joint Stipulation for Entry of 25 Consent Decree and Permanent Injunction that has been executed by PLAINTIFF 26 Warner Bros. Home Entertainment Inc. (“Plaintiff”), by and through its counsel of 27 record, Annie S. Wang, of J. Andrew Coombs, A P.C., and Defendant Said Almoradi, 28 Warner Bros. v. Almoradi: [Proposed] Consent Decree - 1 - Dockets.Justia.com 1 an individual and d/b/a Amazon.com Seller Best Deal$ (“Defendant”), in this action, 2 and good cause appearing therefore, hereby: 3 ORDERS that based on the Parties’ stipulation and only as to Defendant, his 4 successors, heirs, and assignees, this Injunction shall be and is hereby entered in the 5 within action as follows: 6 1) This Court has jurisdiction over the parties to this action and over the subject 7 matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. 8 Service of process was properly made against Defendant. 9 2) Plaintiff owns or controls the copyright or pertinent exclusive right to distribute 10 or license the distribution of home video and digital products, including video home 11 cassettes (VHS) as well as optical discs, including, but not limited to, digital versatile 12 discs (DVDs) and Blu-ray discs (collectively “Media Products”) incorporating the 13 motion picture or television titles subject to the copyright registrations listed in Exhibit 14 “A” attached hereto and incorporated herein by this reference (collectively referred to 15 herein as “Plaintiff’s Works”). 16 3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff’s 17 Works or substantially similar likenesses or colorable imitations thereof. 18 4) Defendant and his agents, servants, employees, representatives, successor and 19 assigns, and all persons, firms, corporations or other entities in active concert or 20 participation with him who receive actual notice of the Injunction are hereby 21 restrained and permanently enjoined from infringing – directly, contributorily or 22 vicariously – or enabling, facilitating, permitting, assisting, soliciting, encouraging, 23 inducing, authorizing, aiding or abetting, materially contributing to, or persuading 24 anyone to infringe in any manner Plaintiff’s Works, including, but not limited to, the 25 following: 26 a) Copying, reproducing, downloading, distributing, uploading, linking to, 27 transmitting, or publicly performing, or using trademarks, trade names or 28 Warner Bros. v. Almoradi: [Proposed] Consent Decree - 2 - 1 logos in connection with unauthorized Media Products containing any of 2 Plaintiff’s Works; 3 b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, 4 abetting, or inducing any person or entity to copy, reproduce, download, 5 distribute, upload, link to, transmit, or publicly perform any of Plaintiff’s 6 Works; or 7 c) Profiting from the unauthorized copying, reproduction, downloading, 8 distribution, uploading, linking to, transmission, or public performance of 9 any of Plaintiff’s Works while declining to exercise a right to stop or limit 10 such unauthorized copying, reproduction, downloading, distribution, 11 uploading, linking to, transmission, or public performance of any of 12 Plaintiff’s Works. 13 5) Each side shall bear its own fees and costs of suit. 14 6) Except as provided herein, all claims alleged in the Complaint are dismissed 15 with prejudice. 16 7) This Injunction shall be deemed to have been served upon Defendant at the time 17 of its execution by the Court. 18 8) The Court finds there is no just reason for delay in entering this Injunction and, 19 pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs 20 immediate entry of this Injunction against Defendant. 21 9) The Court shall retain jurisdiction of this action to entertain such further 22 proceedings and to enter such further orders as may be necessary or appropriate to 23 implement and enforce the provisions of this Injunction. 24 10) The above-captioned action, shall, upon filing by Plaintiff of the Settlement 25 Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, 26 and requesting entry of judgment against Defendant, be reopened should Defendant 27 default under the terms of the Settlement Agreement. 28 Warner Bros. v. Almoradi: [Proposed] Consent Decree - 3 - 1 11) This Court shall retain jurisdiction over Defendant for the purpose of making 2 further orders necessary or proper for the construction or modification of this consent 3 decree and judgment; the enforcement hereof; the punishment of any violations 4 hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this 5 action. 6 7 8 DATED:October 09, 2013 _______________________________ 9 Hon. Virginia A. Phillips United States District Judge 10 11 12 13 PRESENTED BY: 14 J. Andrew Coombs, A Professional Corp. 15 By: _____________________________ J. Andrew Coombs 16 Annie S. Wang Attorneys for Plaintiff Warner Bros. 17 Home Entertainment Inc. 18 Cho Sheasby Chung & Ignacio, LLP 19 20 By: _____________________________ M. Stephen Cho 21 Carlo C. Ignacio Attorney for Defendant Said Almoradi, 22 an individual and d/b/a Amazon.com Seller Best Deal$ 23 24 25 26 27 28 Warner Bros. v. Almoradi: [Proposed] Consent Decree - 4 - 1 EXHIBIT A 2 COPYRIGHT REGISTRATIONS COPYRIGHT 3 REG NO. TITLE CLAIMANT 4 New Line Productions, PA 922-931 AMERICAN HISTORY X 5 Inc. (“New Line”) 6 PA 1-303-939 A HISTORY OF VIOLENCE New Line 7 Morgan Creek Productions, PA 665-213 TRUE ROMANCE 8 Inc. (employer for hire) 9 Warner 10 Brothers, a division of PA 762-637 ASSASSINS 11 Time Warner Entertainment 12 Company, LP Warner 13 PA 291-702 COBRA Brothers, Inc. 14 Warner Brothers, a 15 division of PA 735-980 THE SPECIALIST Time Warner 16 Entertainment 17 Company, LP Home Box 18 PA 1-065-861 BAND OF BROTHERS: Currahee Office, Inc. (“HBO”) 19 PA 1-065-857 BAND OF BROTHERS: Day Of Days HBO 20 PA 1-065-856 BAND OF BROTHERS: Carentan HBO PA 1-065-860 BAND OF BROTHERS: Replacements HBO 21 PA 1-065-854 BAND OF BROTHERS: Crossroads HBO PA 1-065-859 BAND OF BROTHERS: Bastogne HBO 22 PA 1-057-373 BAND OF BROTHERS: The Breaking Point HBO 23 PA 1-057-372 BAND OF BROTHERS: The Last Patrol HBO PA 1-057-371 BAND OF BROTHERS: Why We Fight HBO 24 PA 1-065-863 BAND OF BROTHERS: Points HBO PA 1-679-184 THE PACIFIC: Part One HBO 25 PA 1-687-855 THE PACIFIC: Part Two HBO 26 PA 1-679-181 THE PACIFIC: Part Three HBO PA 1-683-931 THE PACIFIC: Part Four HBO 27 PA 1-683-936 THE PACIFIC: Part Five HBO PA 1-683-933 THE PACIFIC: Part Six HBO 28 Warner Bros. v. Almoradi: [Proposed] Consent Decree - 5 - 1 PA 1-683-929 THE PACIFIC: Part Seven HBO 2 PA 1-685-746 THE PACIFIC: Part Eight HBO PA 1-685-739 THE PACIFIC: Part Nine HBO 3 PA 1-685-738 THE PACIFIC: Part Ten HBO Warner Bros. 4 PA 1-704-792 FRINGE: Pilot Entertainment 5 Inc. (“WBEI”) PA 1-704-723 FRINGE: The Same Old Story WBEI 6 PA 1-704-735 FRINGE: The Ghost Network WBEI PA 1-704-731 FRINGE: The Arrival WBEI 7 PA 1-704-789 FRINGE: Power Hungry WBEI 8 PA 1-704-718 FRINGE: The Cure WBEI PA 1-704-720 FRINGE: In Which We Meet Mr. Jones WBEI 9 PA 1-704-716 FRINGE: The Equation WBEI PA 1-704-712 FRINGE: The DreamScape WBEI 10 PA 1-704-709 FRINGE: Safe WBEI 11 PA 1-704-727 FRINGE: Bound WBEI PA 1-704-705 FRINGE: The No-Brainer WBEI 12 PA 1-704-739 FRINGE: The Transformation WBEI PA 1-704-698 FRINGE: Ability WBEI 13 PA 1-704-703 FRINGE: Inner Child WBEI 14 PA 1-704-688 FRINGE: Unleashed WBEI PA 1-704-695 FRINGE: Bad Dreams WBEI 15 PA 1-704-686 FRINGE: Midnight WBEI PA 1-705-943 FRINGE: The Road Not Taken WBEI 16 PA 1-704-691 FRINGE: There's More Than One Of Everything WBEI 17 PA 1-799-978 FRINGE: Olivia WBEI PA 1-799-994 FRINGE: The Box WBEI 18 PA 1-799-991 FRINGE: The Plateau WBEI PA 1-799-973 FRINGE: Do Shapeshifters Dream of Electric Sheep? WBEI 19 PA 1-800-068 FRINGE: Amber 31422 WBEI 20 PA 1-799-971 FRINGE: 6955 KHZ WBEI PA 1-800-066 FRINGE: The Abducted WBEI 21 PA 1-799-984 FRINGE: Entrada WBEI PA 1-800-071 FRINGE: Marionette WBEI 22 PA 1-800-082 FRINGE: The Firefly WBEI 23 PA 1-799-860 FRINGE: Reciprocity WBEI PA 1-799-843 FRINGE: Concentrate And Ask Again WBEI 24 PA 1-799-846 FRINGE: Immortality WBEI PA 1-799-854 FRINGE: 6B WBEI 25 PA 1-799-856 FRINGE: Subject 13 WBEI 26 PA 1-799-853 FRINGE: OS WBEI PA 1-799-980 FRINGE: Stowaway WBEI 27 PA 1-799-975 FRINGE: Bloodline WBEI PA 1-800-064 FRINGE: Lysergic Acid Diethylamide WBEI 28 Warner Bros.
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