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Warner Bros. Home Entertainment Inc. v. Cdepot, Inc.

United States District Court, Ninth Circuit

January 8, 2014

Warner Bros. Home Entertainment Inc., Plaintiff,
v.
CDepot, Inc. d/b/a CDepot d/b/a C Depot; Sandy Williamson, an individual and d/b/a Amazon.com Seller cdepotstore; Simlon Peterson, an individual and d/b/a Amazon.com Seller cdepotstore, and Does 1-10, inclusive, Defendants.

J. Andrew Coombs, Annie S. Wang, J. Andrew Coombs, A Prof. Corp. Attorneys for Plaintiff, Warner Bros. Home Entertainment Inc.

CDepot, Inc. d/b/a CDepot d/b/a C Depot, Simon Peterson, an individual and d/b/a Amazon.com Seller CDepotstore Sandy Williamson, an individual and d/b/a Amazon.com Seller CDepotstore, College Park, MD, Defendants, in pro se

[PROPOSED] CONSENT DECREE AND PERMANENT INJUNCTION

R. GARY KLAUSNER, District Judge.

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 CDepot, Inc. d/b/a CDepot d/b/a C Depot and d/b/a as Amazon.com Seller cdepotstore, Sandy Williamson, an individual and Simon Peterson, an individual (collectively "Defendants"), 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 are dismissed with prejudice.

7) The hearing on Plaintiff's Motion for Default Judgment currently on calendar for January 13, 2014, at 9:00 a.m. is hereby vacated.

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

9) 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.

10) 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.

11) 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.

12) 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.

EXHIBIT A

COPYRIGHT REGISTRATIONS

Reg. No. Titles Copyright Claimant R 197-584 The Divorcee (1930) Turner Entertainment Co. R 217-656 Night Nurse (1931) Turner Entertainment Co. R 245-015 Three on a Match (1932) Turner Entertainment Co. Warner Bros. Entertainment R 627-299 Fast and Furry-ous (1949) Inc. ("WBEI") RE 156-545 Gee Whiz-z-z-z! (1956) WBEI R 681-339 Operation: Rabbit (1952) WBEI RE 286-210 Hook, Line and Stinker (1958) WBEI RE 373-949 Zip N' Snort (1960) WBEI RE 341-387 Ready, Woolen, and Able (1959) WBEI RE 12-225 Beep, Beep (1952) WBEI RE 528-595 To Beep or Not to Beep (1963) WBEI R 272-614 Female (1933) Turner Entertainment Co. Warner Brothers, Inc. PA 341-856 Disorderlies ("WBI") It's the Easter Beagle, Charlie United Feature Syndicate, RE 929-194 Brown Inc. PA 527-727 Point Break Largo Entertainment Grover Asmus & Stephen Coyne, co-trustees of Donna M. Asmus Trust & RE 338-581 Free Soul Mary Ellen Owen, co-executor of the Will of Anthony I. Owen (PWH) Goldcrest Films and PA 241-506 The Killing Fields Television, Ltd. PA 417-162 Batman WBI Metro-Goldwyn-Mayer PA 569-651 Batman Returns Film Company, Inc. & S L M Entertainment, Ltd. PA 720-192 Batman Forever New Line Productions, Inc. Warner Brothers, a division of Time Warner PA 859-518 Batman & Robin Entertainment Company, LP ("WB") PA X-XXX-XXX Chasing Liberty Micro Fusion 2003-2, LLP CURB YOUR ENTHUSIASM: Home Box Office, Inc. PA X-XXX-XXX The Divorce ("HBO")

CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX The Safe House CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX Palestinian Chicken CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX The Smiley Face CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX Vow of Silience CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX The Hero CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX The Bi-Sexual CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX Car Periscope CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX Mister Softee CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX Seinfeld CURB YOUR ENTHUSIASM: HBO PA X-XXX-XXX Larry vs. Michael J. Fox PA X-XXX-XXX ENTOURAGE: Drive HBO ENTOURAGE: Amongst HBO PA X-XXX-XXX Friends ENTOURAGE: One Car, Two HBO PA X-XXX-XXX Car, Red Car, Blue Car PA X-XXX-XXX ENTOURAGE: Runnin' One HBO PA X-XXX-XXX ENTOURAGE: Fore! HBO PA X-XXX-XXX ENTOURAGE: Murphy's Lie HBO PA X-XXX-XXX ENTOURAGE: No More Drama HBO ENTOURAGE: The Sorkin HBO PA X-XXX-XXX Notes PA X-XXX-XXX ENTOURAGE: Security Brief's HBO PA X-XXX-XXX ENTOURAGE: Berried Alive HBO PA X-XXX-XXX ENTOURAGE: Scared Straight HBO ENTOURAGE: Give A Little HBO PA X-XXX-XXX Bit ENTOURAGE: Home Sweet HBO PA X-XXX-XXX Home ENTOURAGE: Out With A HBO PA X-XXX-XXX Bang


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