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Warner Bros. Home Entertainment Inc v. Javier Sanchez

March 28, 2013

WARNER BROS. HOME ENTERTAINMENT INC., PLAINTIFF,
v.
JAVIER SANCHEZ, AN INDIVIDUAL AND D/B/A AMAZON.COM SELLER JASADVDS AND DOES 1-10, INCLUSIVE, DEFENDANTS.



[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 Defendant Javier Sanchez, an individual and d/b/a Amazon.com Seller JASADvDs ("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, 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 Defendant 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 Defendant.

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.

/s/ Annie S. Wang

EXHIBIT A

COPYRIGHT REGISTRATIONS

Registration

Copyright

Description

No.

Claimant

Warner Bros.

Entertainment Inc.

PA 1-755-219 Arthur

("WBEI")

PA 1-739-350 Green Lantern WBEI

New Line Productions, Inc.

PA 1-745-270 Hall Pass

("NLPI")

PA 1-749-406 Hereafter Warner Bros.

Pictures

PA 1-775-402 Horrible Bosses NLPI PA 1-825-734 Journey 2: The Mysterious Island WBEI

PA 1-709-858 Legend of the Guardians: The Owls of

GOG Productions

Ga'hoole

Pty Ltd.

PA 1-771-915 Sherlock Holmes: A Game of Shadows WV Films IV LLC

PA 1-735-984 Sucker Punch WBEI and

Legendary Pictures

PA 165-911 The Book of Eli Alcon Film Fund,

LLC

PA 1-722-187 The Town WBEI PA 1-026-246 BATMAN BEYOND: Rebirth Part 1 WBEI PA 1-026-245 BATMAN BEYOND: Rebirth Part 2 WBEI PA 1-026-247 BATMAN BEYOND: Black Out WBEI PA 1-026-248 BATMAN BEYOND: Golem WBEI PA 1-026-239 BATMAN BEYOND: Meltdown WBEI PA 1-026-238 BATMAN BEYOND: Heroes WBEI PA 1-026-244 BATMAN BEYOND: Shriek WBEI PA 1-026-250 BATMAN BEYOND: Dead Man's Hand WBEI PA 1-026-249 BATMAN BEYOND: The Winning Edge WBEI PA 1-026-240 BATMAN BEYOND: Spellbound WBEI

PA 1-026-243 BATMAN BEYOND: Disappearing

Inque WBEI

PA 1-026-241 BATMAN BEYOND: A Touch Of

Curare WBEI

PA 1-026-242 BATMAN BEYOND: Ascension WBEI PA 1-029-068 BATMAN BEYOND: Splicers WBEI PA 1-029-071 BATMAN BEYOND: Earth Mover WBEI PA 1-029-085 BATMAN BEYOND: Joyride WBEI PA 1-029-067 BATMAN BEYOND: Lost Soul WBEI PA 1-029-065 BATMAN BEYOND: Hidden Agenda WBEI PA 1-029-066 BATMAN BEYOND: Bloodsport WBEI PA 1-029-064 BATMAN BEYOND: Once Burned WBEI PA 1-029-063 BATMAN BEYOND: Hooked Up WBEI PA 1-029-070 BATMAN BEYOND: Rats WBEI PA 1-029-069 BATMAN BEYOND: Mind Games WBEI PA 1-029-054 BATMAN BEYOND: Revenant WBEI PA 1-029-055 BATMAN BEYOND: Babel WBEI

PA 1-029-074 BATMAN BEYOND: Terry's Friend

Dates A Robot WBEI

PA 1-029-084 BATMAN BEYOND: Eyewitness WBEI PA 1-029-083 BATMAN BEYOND: Final Cut WBEI PA 1-029-080 BATMAN BEYOND: The Last Resort WBEI PA 1-029-075 BATMAN BEYOND: Armory WBEI PA 1-029-076 BATMAN BEYOND: Sneak Peek WBEI PA 1-029-077 BATMAN BEYOND: The Eggbaby WBEI PA 1-029-081 BATMAN BEYOND: Zeta WBEI PA 1-029-082 BATMAN BEYOND: Plague WBEI PA 1-029-078 BATMAN BEYOND: April Moon WBEI

PA 1-029-086 BATMAN BEYOND: ...


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