August 12, 2013
WARNER BROS. ENTERTAINMENT INC. and TURNER ENTERTAINMENT CO., Plaintiffs,
ERIC LOUZIL, an individual, SINGA ENTERTAINMENT, SINGA HOME ENTERTAINMENT, ECHELON STUDIOS, ECHELON ENTERTAINMENT, and DOES 1 through 50, inclusive, Defendants.
CALDWELL LESLIE & PROCTOR, PC, CHRISTOPHER G. CALDWELL, State Bar No. 106790, LINDA M. BURROW, State Bar No. 194668, KELLY L. PERIGOE, State Bar No. 268872, Los Angeles, California, Attorneys for Plaintiffs WARNER BROS. ENTERTAINMENT INC. and TURNER ENTERTAINMENT CO.
PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE
[Stipulation for Permanent Injunction and Dismissal With Prejudice filed
DALE S. FISCHER, District Judge.
Injunction and Dismissal with Prejudice that has been executed by Plaintiffs Warner Bros. Entertainment Inc. and Turner Entertainment Co. (collectively "Plaintiffs") and Defendants Echelon Studios and Eric Louzil, (collectively "Defendants") in this action (Plaintiffs and Defendants collectively referred to as the "Parties"), and good cause appearing therefore, hereby:
ORDERS that based on the Parties' concurrently-filed Stipulation for Permanent Injunction and Dismissal With Prejudice, this Permanent Injunction shall be and is hereby entered against Defendants, as follows:
1) This Court has jurisdiction of this action under 28 U.S.C. §§ 1331 and 1338(a). Service of process was properly made against Defendants.
2) Plaintiffs are the owners or assignees of rights in and to the live action feature films and animated cartoons listed in Exhibit A (collectively referred to herein as the "Films").
3) Plaintiffs have alleged that Defendants have engaged in the reproduction, public performance, making available, distribution and sale, through DVDs, television masters, digital files, or other audio-visual platforms, of copies of the Films.
4) Defendants, their officers, directors, and employees, anyone acting on their behalf, any present or future entity or website directly or indirectly owned or controlled by one or both Defendants, or in which any Defendant is an officer, director, shareholder, managing agent or partner, or with which or whom they act in concert, are hereby restrained and permanently enjoined from:
a) All production, manufacture, reproduction, distribution, sale, exhibition, public performance, making available, communication to the public, transmission, streaming, downloading, offering for downloading, display, advertising, promotion, renting, lending, licensing, or other exploitation, in whole or in part, in any language, anywhere in the world, in any media or format, of any of the Films listed in Exhibit A.
b) This Injunction is without prejudice to any other valid rights of the Plaintiffs or Defendants.
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 and the Parties 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 motion by Plaintiffs, be reopened should Defendants default under the terms of the Settlement Agreement.