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Warner Bros. Home Entertainment Inc v. Stephanie Costa

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 28, 2013

WARNER BROS. HOME ENTERTAINMENT INC., PLAINTIFF,
v.
STEPHANIE COSTA, AN INDIVIDUAL AND D/B/A AS AMAZON.COM SELLER SCOSTAGIRL, ET AL., DEFENDANTS.

E-FILED 03/28/2013 JS-6

[PROPOSED] 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 Stephanie Costa, an individual and d/b/a as Amazon.com Seller scostagirl ("Costa"), and David Santos, an individual and d/b/a as Amazon.com Seller scostagirl ("Santos") (collectively, Costa and Santos are referred to herein as "Defendants"), in this action, and good cause appearing therefore, hereby:

ORDERS that based on the Parties' stipulation and only as to Santos, his successors, heirs, and assignees, this Injunction shall be and is hereby entered in the within action as follows:

1) The Complaint shall be amended to identify Doe No. 1 as "David Santos, an individual and d/b/a Amazon.com Seller scostagirl. The Amended Complaint shall be deemed served upon Defendants.

2) 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.

3) 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").

4) Plaintiff has alleged through its Amended Complaint that Defendants have made unauthorized uses of Plaintiff's Works or substantially similar likenesses or colorable imitations thereof.

5) Santos acknowledges and assumes liability for any of the alleged misconduct set forth in the Amended Complaint.

6) Santos 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.

7) Each side shall bear its own fees and costs of suit.

8) Except as provided herein, all claims alleged in the Amended Complaint against Santos are dismissed with prejudice. All claims alleged in the Amended Complaint against Costa are dismissed without prejudice.

9) This Injunction shall be deemed to have been served upon Santos at the time of its execution by the Court.

10) 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 Santos.

11) 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 against Santos.

12) 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 Santos, be reopened should Santos default under the terms of the Settlement Agreement.

EXHIBIT A COPYRIGHT REGISTRATIONS

COPYRIGHT CLAIMANTS

REG. NO. TITLE

TNT Originals,

PA 1-750-442 FALLING SKIES: Live and Learn

Inc. ("TNT")

PA 1-750-446 FALLING SKIES: The Armory TNT

GAME OF THRONES: Winter Is

Home Box Office,

Coming

Inc. ("HBO")

PA 1-736-232

GAME OF THRONES: The Kingsroad HBO

PA 1-736-234

PA 1-737-694 GAME OF THRONES: Lord Snow HBO

GAME OF THRONES: Cripples,

HBO

Bastards And Broken Things

PA 1-737-699

GAME OF THRONES: The Wolf And

HBO

The Lion

PA 1-737-696

GAME OF THRONES: A Golden

HBO

Crown

PA 1-737-695

GAME OF THRONES: You Win Or

HBO

You Die

PA 1-750-434

GAME OF THRONES: The Pointy End HBO

PA 1-738-431

PA 1-739-318 GAME OF THRONES: Baelor HBO

GAME OF THRONES: Fire And Blood HBO

PA 1-740-116

Warner Bros.

Entertainment Inc.

PRETTY LITTLE LIARS (SERIES): It's

PA 1-794-685

Alive

("WBEI")

PRETTY LITTLE LIARS (SERIES):

PA 1-794-687

The Goodbye Look WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-816

My Name Is Trouble WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-688

Blind Dates WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-823

The Devil You Know WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-778

Never Letting Go WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-827

Surface Tension WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-765

Save The Date WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-790

Picture This WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-831

Touched By An 'A'-Angel WBEI

PRETTY LITTLE LIARS (SERIES): I

PA 1-794-686

Must Confess WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-756

Over My Dead Body WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-834

The First Secret WBEI

PRETTY LITTLE LIARS (SERIES):

Through Many Dangers, Toils and

PA 1-794-837

Snares WBEI

PRETTY LITTLE LIARS (SERIES): A

PA 1-794-838

Hot Piece of "A" WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-839

Let The Water Hold Me Down WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-844

The Blonde Leading The Blind WBEI

PRETTY LITTLE LIARS (SERIES): A

PA 1-794-848

Kiss Before Lying WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-689

The Naked Truth WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-740

CTRL: A WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-797

Breaking The Code WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-699

Father Knows Best WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-713

The Eye Of The Beholder WBEI

PRETTY LITTLE LIARS (SERIES): If

PA 1-794-693

These Dolls Could Talk WBEI

PRETTY LITTLE LIARS (SERIES):

PA 1-794-758

Unmasked WBEI

RIZZOLI & ISLES: We Don't Need

Another Hero WBEI PA 1-800-896 RIZZOLI & ISLES: Living Proof WBEI

PA 1-800-929

RIZZOLI & ISLES: Don't Hate The

Player WBEI

PA 1-800-891

RIZZOLI & ISLES: Rebel Without A

Pause WBEI PA 1-800-922 RIZZOLI & ISLES: Bloodlines WBEI PA 1-800-962 RIZZOLI & ISLES: Brown Eyed Girl WBEI

PA 1-800-908

RIZZOLI & ISLES: My Own Worst

Enemy WBEI

PA 1-800-887

RIZZOLI & ISLES: Gone Daddy Gone

PA 1-800-951

WBEI

PA 1-800-942 RIZZOLI & ISLES: Remember Me WBEI

RIZZOLI & ISLES: Can I Get A

Witness? WBEI

PA 1-800-959

RIZZOLI & ISLES: He Ain't Heavy,

He's My Brother WBEI

PA 1-800-950

RIZZOLI & ISLES: Seventeen Ain't So

Sweet WBEI

PA 1-800-949

RIZZOLI & ISLES: Don't Stop

Dancing, Girl WBEI

PA 1-800-957

RIZZOLI & ISLES: Burning Down The

House WBEI PA 1-805-616 THE CLOSER: Unknown Trouble WBEI PA 1-805-629 THE CLOSER: The Last Word WBEI PA 1-747-825 TRUE BLOOD:: She's Not There HBO

PA 1-800-934

TRUE BLOOD: You Smell Like Dinner HBO

PA 1-747-826

TRUE BLOOD: If You Love Me, Why

HBO

Am I Dyin?

PA 1-748-869

TRUE BLOOD: I'm Alive And On Fire HBO

PA 1-795-196

PA 1-795-199 TRUE BLOOD: ME And The Devil HBO

TRUE BLOOD: I Wish I Was The

HBO

Moon

PA 1-751-681

TRUE BLOOD: Cold Grey Light Of

HBO

Dawn

PA 1-756-282

PA 1-756-538 TRUE BLOOD: Spellbound HBO

TRUE BLOOD: Let's Get Out Of Here HBO

PA 1-756-541

TRUE BLOOD:: Burning Down The

HBO

House

PA 1-756-540

PA 1-765-849 TRUE BLOOD: Soul Of Fire HBO PA 1-765-827 TRUE BLOOD: And When I Die HBO

20130328

© 1992-2013 VersusLaw Inc.



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