The opinion of the court was delivered by: Hon. Otis D. Wright United States District Judge
CONSENT DECREE AND PERMANENT INJUNCTION
The Court, having read and considered the Joint Stipulation for Entry of Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner Bros. Entertainment Inc. ("Plaintiff") and Defendant Virgilio Navarro a/k/a Bill Navarro, an individual and d/b/a www.quackmoo1.com ("Defendant"), in this action, and good cause appearing therefore, hereby:
ORDERS that based on the Parties' stipulation and only as to Defendant, his successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:
1) This Court has jurisdiction over the parties to this action and over the subject matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338.
Service of process was properly made against Defendant.
2) Plaintiff owns or controls the copyright or pertinent exclusive right to distribute or license the distribution of home video and digital products, including video home cassettes (VHS) as well as optical discs, including, but not limited to, video compact discs (VCDs), digital versatile discs (DVDs) and Blu-ray discs (collectively "Media Products") incorporating the motion picture or television titles subject to the copyright registrations listed in Exhibit "A" attached hereto and incorporated herein by this reference (collectively referred to herein as "Plaintiff's Works").
3) Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.
4) Defendant and his agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with him who receive actual notice of the Injunction are hereby restrained and permanently enjoined from infringing -- directly, contributorily or vicariously -- or enabling, facilitating, permitting, assisting, soliciting, encouraging, inducing, authorizing, aiding or abetting, materially contributing to, or persuading anyone to infringe in any manner Plaintiff's Works, including, but not limited to, the following:
a) Copying, reproducing, downloading, distributing, uploading, linking to, transmitting, or publicly performing, or using trademarks, trade names or logos in connection with unauthorized Media Products containing any of Plaintiff's Works;
b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, abetting, or inducing any person or entity to copy, reproduce, download, distribute, upload, link to, transmit, or publicly perform any of Plaintiff's Works; or
c) Profiting from the unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiff's Works while declining to exercise a right to stop or limit such unauthorized copying, reproduction, downloading, distribution, uploading, linking to, transmission, or public performance of any of Plaintiff's Works.
5) Each side shall bear its own fees and costs of suit.
6) Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice.
7) This Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court.
8) The Court finds there is no just reason for delay in entering this Injunction and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court directs immediate entry of this Injunction against Defendants.
9) The Court shall retain jurisdiction of this action to entertain such further proceedings and to enter such further orders as may be necessary or appropriate to implement and enforce the provisions of this Injunction.
10) The above-captioned action, shall, upon filing by Plaintiff of the Settlement Agreement, Stipulation for Entry of Judgment and Judgment Pursuant to Stipulation, and requesting entry of judgment against Defendant, be reopened should Defendant default under the terms of the Settlement Agreement.
11) This Court shall retain jurisdiction over Defendant for the purpose of making further orders necessary or proper for the construction or modification of this consent decree and judgment; the enforcement hereof; the punishment of any violations hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this action.
J. Andrew Coombs, A Prof. Corp. By: J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff Warner Bros. Entertainment Inc.
Tingley Piontkowski LLP By: Curtis R. Tingley Bruce C. Piontkowski Jonathan A. McMahon Attorneys for Defendant Virgilio Navarro a/k/a Bill Navarro, an individual and d/b/a www.quackmoo1.com
EXHIBIT A PLAINTIFF'S WORKS
Title Registration No. 36 HOURS RE593022
7 WOMEN RE630514 ABOUT SCHMIDT PA1127412 ABOVE AND BEYOND RE 43-631 ACROSS THE WIDE MISSOURI RE 10-233 ACTRESS, THE RE 77-521 ADVENTURE R543683 ADVENTURES IN BALTIMORE R632497 AFTER OFFICE HOURS R291452 ALL MINE TO GIVE RE244571 ALL MINE TO GIVE RE244571 ALL THE FINE YOUNG CANNIBALS RE 396-244 ALPHABET MURDERS RE 630-128 ALWAYS LEAVE THEM LAUGHING R653702 ANGEL WORE RED RE403111 ANTHONY ADVERSE LP6465 ASK ANY GIRL RE341210 ATHENA RE116756 PA17545, PA17544, AWAKENING LAND PA17546 BACHELOR IN PARADISE RE442639 BADMAN'S TERRITORY R551685 1934:R281164 1957: RE189392 BARRETTS OF WIMPOLE STREET COMPILATION Season 1 Ep. 1: The Cat and The Claw, Part I: PA 582-970 BATMAN ANIMATED SERIES SEASON 1 COMPILATION Season 2 Ep. 1: House & Garden: BATMAN ANIMATED SERIES SEASON 2 PA 711-888 COMPILATION Season 3 Ep. 1: Holiday Knights:
BATMAN ANIMATED SERIES SEASON 3
PA 991-093 BATTLE CIRCUS RE43693 BETRAYED RE 116-752 BETWEEN TWO WORLDS R521034 BHOWANI JUNCTION RE151753 BISHOP MURDER CASE R204806 BLOSSOMS IN THE DUST R438768 BLUES IN THE NIGHT DVD R460033 BOMBARDIER R486272 BOY FRIEND RE810-923 BOY MEETS GIRL R380515 BRASS TARGET PA 24-283 BREAKFAST FOR TWO R354280 BRIBE R626744 BRIDE GOES WILD R599454 BRIDGE TO THE SUN RE441172 BRIGHT LEAF R671969 BROTHERLY LOVE RE782024 BUNDLE OF JOY RE222935 CARNIVAL BOAT R242083 CARSON CITY RE12214 CASH MCCALL RE342425 CASINO MURDER CASE R292425 CASS TIMBERLANE R591703 CATERED AFFAIR RE189377 CHARLIE BROWN CHRISTMAS RE655106 CLOWN RE43635 COME FLY WITH ME RE534900 COMRADE X R424633 CONFIDENTIALLY CONNIE RE55782 COUNT YOUR BLESSINGS RE340287 CRACKING UP aka SMORGASBORD PA 218396 CRACK-UP R560797 CRIME WAVE 1954: RE131469 CRISIS R664841 CROOKS AND CORONETS RE766992 CROSS OF LORRAINE R494776 CROSSROADS R464175 CRY HAVOC R498550 CRY WOLF R585005 DANCING CO ED R394395 DANGEROUS MISSION R148081 DARK AT THE TOP OF THE STAIRS RE381047 DARK OF THE SUN RE704377 DEAF SMITH AND JOHNNY EARS ON DVD RE848561 DEATH OF A SCOUNDREL RE229927 DEATH OF SUPERMAN aka SUPERMAN: DOOMSDAY PA1627610 DECISION AGAINST TIME RE189404 DESPERATE SEARCH RE43633 DISRAELI R182617 DOCTOR, YOU'VE GOT TO BE KIDDING RE621443 DON'T MAKE WAVES RE704366 DOUGHGIRLS R533123 DREAM WIFE RE77518 DU BARRY WAS A LADY R484069 EASY LIVING R646634 EASY TO WED R548037 EMMA R229941 ESCAPE FROM EAST BERLIN RE489844 ESCAPE ME NEVER R592813 EVER IN MY HEART R272624 EXCUSE MY DUST RE10267 EXTRAORDINARY SEAMAN RE731538 FAR FROM THE MADDING CROWD RE704373 1938: R364009 1953: RE77528 FASTEST GUITAR ALIVE RE621444 FASTEST GUN ALIVE RE189378 FEARLESS FAGAN RE43704 FEMININE TOUCH R442882 FEMME FATALE PA1093607 FIGHT FOR YOUR LADY R358010 FIRST YANK INTO TOKYO R545416 FIVE CAME BACK R393965
FAST COMPANY FOOTLOOSE HEIRESS, THE R345392 FOUR GIRLS IN WHITE R379510 FOUR MOTHERS R451999 FOUR'S A CROWD R380518 FOX , THE RE703915 FREEBIE AND THE BEAN RE870683 FROM THE EARTH TO THE MOON RE278382 GAMBLING LADY R272630 GANGWAY FOR TOMORROW R499990 GAZEBO RE345440 GENERAL SPANKY R327468 GEORGE WASHINGTON SLEPT HERE R477857 GIRL FROM JONES BEACH R638351 GIVE A GIRL A BREAK RE96355 GLASS SLIPPER, THE RE116764 GLOBAL AFFAIR, A RE536342 GLORY ALLEY RE43672 GREAT AMERICAN PASTIME RE189390 GREAT BANK ROBBERY RE766974 GREAT DAY IN THE MORNING RE222926 GREAT DIAMOND ROBBERY RE77513 GREAT SINNER R636647 GREEN FIRE RE116760 GREEN MANSIONS RE341209 GREEN YEARS R549471 GUN GLORY RE234928 GUY NAMED JOE, A R498857 H.M. PULHAM ESQUIRE R448905 HALF A HERO RE77522 HAPPY YEARS R663154 HARRY POTTER AND THE SORCERER'S STONE PA 1-063-646 HAVING A WONDERFUL TIME R369576 HEAVENLY BODY R498552 HER HIGHNESS AND THE BELLBOY R532018 HER TWELVE MEN RE84867 HILL, THE RE630119 HIT THE DECK RE116765 HOLIDAY AFFAIR R648102 1928: R177129 1947: R584162 HONEYMOON HOTEL RE592495 HONEYMOON MACHINE RE442637 HONKY TONK R443463 HONOLULU R379511 HORN BLOWS AT MIDNIGHT R538964 HOT MILLIONS RE731531 HOUSE OF NUMBERS RE234931 HOW SWEET IT IS RE739612 HUCKSTERS R581038 I DREAM TOO MUCH R305970 I LOVE MELVIN RE43649 I THANK A FOOL RE489841 I'LL CRY TOMORROW RE151745 IMPOSSIBLE YEARS RE731533 IN NAME ONLY R393975 IN OUR TIME R519175 INSIDE STRAIGHT RE17820 INVISIBLE BOY, THE RE234939 INVITATION TO THE DANCE RE116776 IT'S A BIG COUNTRY RE10248 IT'S A GREAT FEELING R640783 JOHNNY ANGEL R535526 JOURNEY FOR MARGARET R471613 JOURNEY, THE RE279403 JOY IN THE MORNING RE584419 JOY OF LIVING R369586 JUST THIS ONCE RE23184 KATHLEEN R448513 KEEP YOUR POWDER DRY R523349 KID GLOVE KILLER R457459 KING'S THIEF RE151736 KISSING BANDIT R618332 LADY LUCK R560802 LADY OF THE TROPICS R391306 LANA TURNER DANCING CO-ED THESE GLAMOUR GIRLS HONEYMOON
LAST OF MRS. CHEYNEY R332111
LATIN LOVERS, HER HIGHNESS AND ...