Echo Film S.r.l. v. DigiWorld Studios, Inc. et al

Filing 172

JUDGMENT AND PERMANENT INJUNCTION by Judge John F. Walter GRANTINGS Echo's Application for Entry of Default Judgment 151 and ORDERS the follows: (1) Entry of judgment by default in the amount of $7,770,077.18 against DigiWorld Studios, In c., Daniel Armas and Bob Reynolds for copyright infringement, fraud, and violation of 18 USC 1962(c) and (d). This sum includes a base compensatory damages amount of $2,723,359.06 and has been trebled according to 18 USC section 1964(c), and off set by $400,000 received from Defendants Cinemavault.com, Inc., and Monarch Home Video, Inc. (2) Prejudgment interest in the sum of $126,226.04 calculated at the rate of 0.47% and trebled pursuant to 18 U.S.C. § 1964(c). This sum includes a base prejudgment interest amount of $42,075.35 which has been trebled. (3) Postjudgment interest at the rate of.47%. (4) Further ordered that Plaintiff Echo's counsel, Howrey LLP, is awarded attorneys' fees in the sum o f $1,287,782.25 and costs in the sum of $78,385.61 against DigiWorld Studios, Inc., Daniel Armas and Bob Reynolds. (5) DigiWorld Studios, Inc., Daniel Armas and Bob Reynolds, as well as their officers, directors, principals, agents, servants, employees, successors and assigns are hereby permanently enjoined. (See attached Judgment and Permanent Injunction for further information). (jp)

-AGR Echo Film S.r.l. v. DigiWorld Studios, Inc. et al

Doc. 172

1 Emily L. Maxwell (State Bar No. 185646) [e-mail] 2 Brett C. Jackson (State Bar No. 239901) [e-mail] 3 HOWREY LLP 525 Market Street, Suite 3600 4 San Francisco, California 94105 HOWREY LLP 5 525 Market Street, Suite 3600 San Francisco, California 94105 6 Telephone: [phone] Facsimile: [phone] 7 Attorneys for Plaintiff Echo Film S.r.l. 8 9 10 11 12 Echo Film S.r.l., 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: CV09-01455 JFW (AGRx) JUDGMENT AND PERMANENT INJUNCTION Honorable John F. Walter Discovery Cut-off: December 28, 2009 Pre-Trial Conf.: February 19, 2010 Trial Date: Vacated

Plaintiff, v. Defendants.

15 DigiWorld Studios Inc., et al.,

[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION Case No. CV09-01455 JFW (AGRx) DM_US:23167491_1

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This matter comes before the Court on Plaintiff Echo Film S.r.l.'s ("Echo")

2 Application for Entry of Default Judgment. On April 15, 2010, pursuant to an Order of 3 this Court, Plaintiff Echo filed the above-referenced Application through which Echo 4 seeks entry of judgment on the following causes of action alleged in its First Amended 5 Complaint: Copyright Infringement; Fraud; Unfair, Unlawful, and Fraudulent Business 6 Practices (Cal. Bus. & Prof. Code § 17200); and Violation of 18 U.S.C. § 1962(c) and 7 18 U.S.C. § 1962(d). 8 Previously, on July 16, 2009, the Clerk entered Default Judgment against 9 Defendants DigiWorld Studios, Inc., Daniel Armas, and Bob Reynolds on Echo's First 10 Amended Complaint. Accordingly, all of the factual allegations in Echo's First 11 Amended Complaint are deemed admitted. 12 Echo has presented competent evidence to support its claims for damages and, 13 good cause having been shown, the Court hereby GRANTS Echo's Application for 14 Entry of Default Judgment and ORDERS the following: 15 1. Entry of judgment by default in the amount of $7,770,077.18 against 16 DigiWorld Studios, Inc., Daniel Armas and Bob Reynolds for copyright infringement, 17 fraud, and violation of 18 U.S.C. §§ 1962(c) and (d). This sum includes a base 18 compensatory damages amount of $2,723,359.06 and has been trebled according to 18 19 U.S.C. § 1964(c), and offset by $400,000 received from Defendants Cinemavault.com, 20 Inc., and Monarch Home Video, Inc. 21 2. Prejudgment interest in the sum of $126,226.04 calculated at the rate of 22 0.47% and trebled pursuant to 18 U.S.C. § 1964(c). This sum includes a base 23 prejudgment interest amount of $42,075.35 which has been trebled. 24 25 3. 4. Postjudgment interest at the rate of .47%. It is further ordered that Plaintiff Echo's counsel, Howrey LLP, is awarded

26 attorneys' fees in the sum of $1,287,782.25 and costs in the sum of $78,385.61 against 27 DigiWorld Studios, Inc., Daniel Armas and Bob Reynolds. 28
HOWREY LLP

[PROPOSED] JUDGMENT AND PERMANENT INJUNCTION Case No. CV09-01455 JFW (AGRx) DM_US:23167491_1

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5.

DigiWorld Studios, Inc., Daniel Armas and Bob Reynolds, as well as their

2 officers, directors, principals, agents, servants, employees, successors and assigns are 3 hereby permanently enjoined from: 4 6 (a) (b) copying or making unauthorized use, including the making of manufacturing, producing, distributing, circulating, adapting, 5 derivatives, of the film, "The Listening" or any part of that film; and 7 displaying, advertising, promoting, importing, exporting, marketing, advertising, 8 licensing, broadcasting, offering for sale, and/or selling, or performing of Echo's 9 copyrighted film "The Listening" or any derivative or substantially similar work 10 thereof. 11 13 6. It is further ordered that Defendants Bob Reynolds, Daniel Armas, and (a) deliver to Plaintiff Echo all materials related to Plaintiff's 12 DigiWorld Studios, Inc. must: 14 copyrighted film "The Listening," including all means for copying or producing the 15 same in these Defendants' possession or control. This includes, but is not limited to, the 16 return of any prints, copies, negatives, photo negatives or masters or other 17 representations of "The Listening" in these Defendants' possession, custody or control, 18 and the return of all promotional, advertising, and marketing material related to "The 19 Listening" in these Defendants' possession, custody or control; 20 (b) remove all reference to "The Listening," including, but not limited 21 to, trailers and advertisements, from the website http://www.digiworldstudios.com and 22 any other website under these Defendants' control; 23 25 26 27 28
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(c)

remove all reference to "The Listening" from all advertising and

24 publications in which these Defendants list the movies in their catalogues;

JUDGMENT AND PERMANENT INJUNCTION Case No. CV09-01455 JFW (AGRx) DM_US:23167491_1

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(d)

withdraw any and all applications for copyright registration which

2 these Defendants may have filed related to "The Listening". IT IS SO ORDERED.

5 Date: July 27, 2010 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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JOHN F. WALTER District Court Judge United States District Court Central District of California

JUDGMENT AND PERMANENT INJUNCTION Case No. CV09-01455 JFW (AGRx) DM_US:23167491_1

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