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CONSENT DECREE and PERMANENT INJUNCTION By Warner Bros. Home Entertainment Inc v. Jason McMillan et al Doc. 15 1 J. Andrew Coombs (SBN 123881) [email protected] 2 Annie S. Wang (SBN 243027) [email protected] 3 J. Andrew Coombs, A Prof. Corp. 517 East Wilson Avenue, Suite 202 4 Glendale, California 91206 Telephone: (818) 500-3200 5 Facsimile: (818) 500-3201 6 Attorneys for Plaintiff Warner Bros. Home Entertainment Inc. 7 Jason McMillan 8 Kelly Minot d/b/a Amazon.com Seller waxecstatik 9 [email protected] 705 S. Cherry Grove, Apt. 201 10 Annapolis, Maryland 21401 Telephone: (301) 395-2696 11 Defendants, in pro se 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 ) 15 Warner Bros. Home Entertainment Inc., ) Case No. CV13-4072 CBM (PJWx) ) 16 Plaintiff, ) CONSENT DECREE AND ) PERMANENT INJUNCTION [JS-6] 17 v. ) ) 18 Jason McMillan, an individual and d/b/a ) Amazon.com Seller Waxecstatik; Kelly ) 19 Minot, an individual and d/b/a ) Amazon.com Seller Waxecstatik; and ) 20 Does 1-10, inclusive, ) ) 21 Defendants. ) ) 22 23 The Court, having read and considered the Joint Stipulation for Entry of 24 Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner 25 Bros. Home Entertainment Inc. (“Plaintiff”) and Defendants Jason McMillan, an 26 individual and d/b/a Amazon.com Seller Waxecstatik, and Kelly Minot, an individual 27 and d/b/a Amazon.com Seller Waxecstatik (collectively “Defendants”), in this action, 28 and good cause appearing therefore, hereby: Warner Bros. v. McMillan, et al.: [Proposed] Consent Decree - 1 - Dockets.Justia.com 1 ORDERS that based on the Parties’ stipulation and only as to Defendants, their 2 successors, heirs, and assignees, this Injunction shall be and is hereby entered in the 3 within action as follows: 4 1) This Court has jurisdiction over the parties to this action and over the subject 5 matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. 6 Service of process was properly made against Defendants. 7 2) Plaintiff owns or controls the copyright or pertinent exclusive right to distribute 8 or license the distribution of home video and digital products, including video home 9 cassettes (VHS) as well as optical discs, including, but not limited to, digital versatile 10 discs (DVDs) and Blu-ray discs (collectively “Media Products”) incorporating the 11 motion picture or television titles subject to the copyright registrations listed in Exhibit 12 “A” attached hereto and incorporated herein by this reference (collectively referred to 13 herein as “Plaintiff’s Works”). 14 3) Plaintiff has alleged that Defendants have made unauthorized uses of Plaintiff’s 15 Works or substantially similar likenesses or colorable imitations thereof. 16 4) Defendants and their agents, servants, employees, representatives, successor and 17 assigns, and all persons, firms, corporations or other entities in active concert or 18 participation with him who receive actual notice of the Injunction are hereby 19 restrained and permanently enjoined from infringing – directly, contributorily or 20 vicariously – or enabling, facilitating, permitting, assisting, soliciting, encouraging, 21 inducing, authorizing, aiding or abetting, materially contributing to, or persuading 22 anyone to infringe in any manner Plaintiff’s Works, including, but not limited to, the 23 following: 24 a) Copying, reproducing, downloading, distributing, uploading, linking to, 25 transmitting, or publicly performing, or using trademarks, trade names or 26 logos in connection with unauthorized Media Products containing any of 27 Plaintiff’s Works; 28 Warner Bros. v. McMillan, et al.: [Proposed] Consent Decree - 2 - 1 b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, 2 abetting, or inducing any person or entity to copy, reproduce, download, 3 distribute, upload, link to, transmit, or publicly perform any of Plaintiff’s 4 Works; or 5 c) Profiting from the unauthorized copying, reproduction, downloading, 6 distribution, uploading, linking to, transmission, or public performance of 7 any of Plaintiff’s Works while declining to exercise a right to stop or limit 8 such unauthorized copying, reproduction, downloading, distribution, 9 uploading, linking to, transmission, or public performance of any of 10 Plaintiff’s Works. 11 5) Each side shall bear its own fees and costs of suit. 12 6) Except as provided herein, all claims alleged in the Complaint are dismissed 13 with prejudice. 14 7) This Injunction shall be deemed to have been served upon Defendants at the 15 time of its execution by the Court. 16 8) The Court finds there is no just reason for delay in entering this Injunction and, 17 pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs 18 immediate entry of this Injunction against Defendants. 19 9) The Court shall retain jurisdiction of this action to entertain such further 20 proceedings and to enter such further orders as may be necessary or appropriate to 21 implement and enforce the provisions of this Injunction. 22 10) The above-captioned action, shall, upon filing by Plaintiff of the Settlement 23 Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, 24 and requesting entry of judgment against Defendants, be reopened should Defendants 25 default under the terms of the Settlement Agreement. 26 27 / / / 28 Warner Bros. v. McMillan, et al.: [Proposed] Consent Decree - 3 - 1 11) This Court shall retain jurisdiction over Defendants 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 DATED: November 20, 2013 7 ________________________________ Hon. Consuelo B. Marshall 8 United States District Judge 9 10 PRESENTED BY: 11 J. Andrew Coombs, A Prof. Corp. 12 By: ____________________________ 13 J. Andrew Coombs Annie S. Wang 14 Attorneys for Plaintiff Warner Bros. Home Entertainment Inc. 15 16 Jason McMillan, an individual and 17 d/b/a Amazon.com Seller Waxecstatik 18 By: _____________________________ Jason McMillan 19 Defendant, in pro se 20 Kelly Minot, an individual and 21 d/b/a Amazon.com Seller Waxecstatik 22 By: _____________________________ 23 Kelly Minot 24 Defendant, in pro se 25 26 27 28 Warner Bros. v. McMillan, et al.: [Proposed] Consent Decree - 4 - 1 EXHIBIT A COPYRIGHT REGISTRATIONS 2 3 Copyright Reg. No. Titles 4 Claimant Warner Bros. 5 THE BIG BANG THEORY: The Robotic Entertainment PA 1-801-541 6 Manipulaton Inc. ("WBEI") 7 THE BIG BANG THEORY: The Cruciferous PA 1-801-374 WBEI 8 Vegetable Amplification THE BIG BANG THEORY: The Zazzy 9 PA 1-801-411 WBEI Substitution 10 THE BIG BANG THEORY: The Hot Troll PA 1-801-531 WBEI Deviation 11 THE BIG BANG THEORY: The Desperation PA 1-801-539 WBEI 12 Emanation THE BIG BANG THEORY: The Irish Pub 13 PA 1-801-425 WBEI Formulation 14 THE BIG BANG THEORY: The Apology PA 1-801-527 WBEI 15 Insufficiency THE BIG BANG THEORY: The 21-Second PA 1-801-375 WBEI 16 Excitation THE BIG BANG THEORY: The Boyfriend 17 PA 1-801-519 WBEI Complexity 18 THE BIG BANG THEORY: The Alien Parasite PA 1-801-401 WBEI 19 Hypothesis THE BIG BANG THEORY: The Justice League PA 1-801-430 WBEI 20 Recombination 21 THE BIG BANG THEORY: The Bus Pants PA 1-801-421 WBEI Utilization 22 THE BIG BANG THEORY: The Love Car PA 1-801-538 WBEI 23 Displacement PA 1-801-521 THE BIG BANG THEORY: The Thespian Catalyst WBEI 24 PA 1-801-406 THE BIG BANG THEORY: The Benefactor Factor WBEI 25 THE BIG BANG THEORY: The Cohabitation PA 1-801-403 WBEI Formulation 26 PA 1-801-524 THE BIG BANG THEORY: The Toast Derivation WBEI 27 THE BIG BANG THEORY: The Prestidigitation PA 1-801-407 WBEI 28 Approximation Warner Bros. v. McMillan, et al.: [Proposed] Consent Decree - 5 - 1 THE BIG BANG THEORY: The Zarnecki PA 1-801-534 WBEI 2 Incursion THE BIG BANG THEORY: The Herb Garden 3 PA 1-801-522 WBEI Germination 4 THE BIG BANG THEORY: The Agreement PA 1-801-382 WBEI Dissection 5 THE BIG BANG THEORY: The Wildebeest PA 1-801-424 WBEI 6 Implementation THE BIG BANG THEORY: The Engagement 7 PA 1-801-540 WBEI Reaction 8 THE BIG BANG THEORY: The Roommate PA 1-801-517 WBEI 9 Transmorgrification THE BIG BANG THEORY: The Skank Reflex PA 1-805-604 WBEI 10 Analysis THE BIG BANG THEORY: The Infestation 11 PA 1-829-818 WBEI Hypothesis 12 THE BIG BANG THEORY: The Pulled Groin PA 1-829-829 WBEI 13 Extrapolation THE BIG BANG THEORY: The Wiggly Finger PA 1-830-263 WBEI 14 Catalyst THE BIG BANG THEORY: The Russian Rocket 15 PA 1-829-822 WBEI Reaction 16 THE BIG BANG THEORY: The Rhinitis PA 1-829-840 WBEI 17 Revelation THE BIG BANG THEORY: The Good Guy PA 1-829-821 WBEI 18 Fluctuation 19 THE BIG BANG THEORY: The Isolation PA 1-829-844 WBEI Permutation 20 THE BIG BANG THEORY: The Ornithophobia PA 1-829-827 WBEI 21 Diffusion THE BIG BANG THEORY: The Flaming Spittoon 22 PA 1-829-825 WBEI Acquisition 23 THE BIG BANG THEORY: The Speckerman PA 1-829-846 WBEI Recurrence 24 THE BIG BANG THEORY: The Shiny Trinket PA 1-829-848 WBEI 25 Maneuver THE BIG BANG THEORY: The Recombination 26 PA 1-829-841 WBEI Hypothesis 27 THE BIG BANG THEORY: The Beta Test PA 1-829-820 WBEI 28 Initiation Warner Bros. v. McMillan, et al.: [Proposed] Consent Decree - 6 - 1 THE BIG BANG THEORY: The Friendship PA 1-829-805 WBEI 2 Contraction PA 1-829-830 THE BIG BANG THEORY: The Vacation Solution WBEI 3 THE BIG BANG THEORY: The Rothman PA 1-829-843 WBEI 4 Disintegration THE BIG BANG THEORY: The Werewolf 5 PA 1-829-828 WBEI Transformation 6 PA 1-829-849 THE BIG BANG THEORY: The Weekend Vortex WBEI THE BIG BANG THEORY: The Transporter 7 PA 1-829-826 WBEI Malfunction 8 THE BIG BANG THEORY: The Hawking PA 1-829-803 WBEI 9 Excitation THE BIG BANG THEORY: The Stag PA 1-829-819 WBEI 10 Convergence THE BIG BANG THEORY: The Launch 11 PA 1-829-801 WBEI Acceleration 12 THE BIG BANG THEORY: The Countdown PA 1-805-577 WBEI 13 Reflection Home Box 14 PA 1-765-830 BOARDWALK EMPIRE: 21 Office, Inc.
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