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Warner Bros. Home Entertainment Inc v. Lenin Coronel

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 27, 2013

WARNER BROS. HOME ENTERTAINMENT INC., PLAINTIFF,
v.
LENIN CORONEL, AN INDIVIDUAL AND D/B/A AMAZON.COM SELLER GEWDS4LESS; EMMANUEL FERNANDEZ, AN INDIVIDUAL AND D/B/A AMAZON.COM SELLER GEWDS4LESS, AND DOES 2-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Fernando M. Olguin United States District Judge

JS-6

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. Home Entertainment Inc. ("Plaintiff") and Defendants Lenin Coronel, an individual and d/b/a Amazon.com Seller gewds4less and Emmanuel Fernandez, an individual and d/b/a Amazon.com Seller gewds4less ("Defendant"), in this action, and good cause appearing therefore, hereby:

ORDERS that based on the Parties' stipulation and only as to Defendants, their 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 Defendants. 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, 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 Defendants have made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof. 4) Defendants and their agents, servants, employees, representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with them 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 against Defendants 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 Defendants, be reopened should Defendants default under the terms of the Settlement Agreement.

11) This Court shall retain jurisdiction over Defendants 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.

PRESENTED BY: J. Andrew Coombs, A Prof. Corp. By: ____________________________ J. Andrew Coombs Annie S. Wang Attorneys for Plaintiff Warner Bros. Home Entertainment Inc. Emmanuel Fernandez

, an individual and d/b/a Amazon.com Seller gewds4less

By: _______________________________

Emmanuel Fernandez Defendant, in pro se

Lenin Coronel, an individual and d/b/a Amazon.com Seller gewds4less

By: _______________________________

Lenin Coronel Defendant, in pro se

EXHIBIT A

COPYRIGHT REGISTRATIONS

COPYRIGHT CLAIMANTS

REG. NO. TITLE

PA 1-697-280 ENTOURAGE: Stunted Home Box Office,

Inc. ("HBO")

PA 1-697-285 ENTOURAGE: Buzzed HBO PA 1-704-328 ENTOURAGE: Dramedy HBO PA 1-699-106 ENTOURAGE: Tequila Sunrise HBO PA 1-699-105 ENTOURAGE: Bottoms Up HBO PA 1-706-302 ENTOURAGE: Hair HBO PA 1-706-285 ENTOURAGE: Tequila And Coke HBO PA 1-706-311 ENTOURAGE: Sniff Sniff Gang Bang HBO

PA 1-706-303 ENTOURAGE: Porn Scenes From An

Italian Restaurant HBO PA 1-706-307 ENTOURAGE: Lose Yourself HBO

Warner Bros.

Entertainment Inc.

PA 1-805-604 THE BIG BANG THEORY: The

Skank Reflex Analysis

("WBEI")

PA 1-805-577 THE BIG BANG THEORY: The

Countdown Reflection WBEI

PA 1-806-061 TWO AND A HALF MEN: Nice To

Meet You, Walden Schmidt WBEI

PA 1-806-064 TWO AND A HALF MEN: Oh Look!

Al-Qaeda! WBEI

20130327

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