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Zhang v. Heineken N.V.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


October 28, 2010

YU ZHANG, AN INDIVIDUAL, PLAINTIFF,
v.
HEINEKEN N.V., A CORPORATION OF THE NETHERLANDS, HEINEKEN HOLDING N.V., A CORPORATION OF THE NETHERLANDS, HEINEKEN USA INCORPORATED, A CORPORATION OF NEW YORK, JACK LIU, AN INDIVIDUAL, MUSE CORDERO CHEN & PARTNERS, A BUSINESS ENTITY OF THE STATE OF CALIFORNIA, MARYBETH PETERS, REGISTER OF COPYRIGHTS OF THE LIBRARY OF CONGRESS, U.S.A., AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

[PROPOSED] JUDGMENT

This action came on for hearing before the Court on a Motion by Defendants HEINEKEN N.V., HEINEKEN HOLDING N.V., HEINEKEN U.S.A., INC. and MUSE COMMUNICATIONS, INC., f.k.a. and sued herein as MUSE CORDERO CHEN & PARTNERS (collectively "Defendants") for Judgment on the Pleadings pursuant to Federal Rules of Civil Procedure, Rule 12(c). [Docket No. 46]

After full consideration of the briefing submitted in support of and in opposition to the Motion for Judgment on the Pleadings, the Court issued an Order on September 29, 2010 granting the Motion for Judgment on the Pleadings as to Plaintiff YU ZHANG's ("Zhang") federal claims with prejudice, and dismissing without prejudice Plaintiff's state law claims. [Docket No. 49].

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff Zhang take nothing pursuant to his First Count for Copyright Infringement, Second Count for Conspiracy to Commit Copyright Infringement, and Fourth Count for Violation of Artist's Moral Rights, and that each of these counts is HEREBY DISMISSED on the merits WITH PREJUDICE.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Court exercises its discretion to decline jurisdiction over, and DISMISSES WITHOUT PREJUDICE all remaining state law claims for relief raised in Zhang's Complaint, to wit, the Fifth Count for Breach of Contract, the Sixth Count for Unjust Enrichment, the Seventh Count for Violation of California Civil Code section 982(d)(1), the Eighth Count for Fraud and Deceit, the Ninth Count for False Attribution or Ownership, the Tenth Count for Conversion, and the Eleventh Count for Interference With Prospective Business Relations.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants are the prevailing parties under 17 U.S.C. § 505, Federal Rule of Civil Procedure, Rule 54, and Local Rule 54 and, accordingly, shall recover their costs incurred in this action, and may seek an award of their attorneys' fees incurred in this action.

20101028

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