Warner Bros Entertainment Inc et al v. Eric Louzil et al

Filing 32

PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE filed by Judge Dale S. Fischer against Defendants Echelon Studios, Eric Louzil. This Court has jurisdiction of this action under 28 U.S.C. 1331 and 1338(a). Service of process was properly made against Defendants. 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). 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. Each side shall bear its own fees and costs of suit. 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. (MD JS-6. Case Terminated) (shb)

1 CALDWELL LESLIE & PROCTOR, PC
CHRISTOPHER G. CALDWELL, State Bar No. 106790
[e-mail]
2
LINDA M. BURROW, State Bar No. 194668
[e-mail]
3
KELLY L. PERIGOE, State Bar No. 268872
[e-mail]
JS 6
4
725 South Figueroa Street, 31st Floor
5 Los Angeles, California 90017-5524
Telephone: [phone]
6 Facsimile: [phone]
7 Attorneys for Plaintiffs WARNER BROS.
ENTERTAINMENT INC. and TURNER
8 ENTERTAINMENT CO.
9
10

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

11
12

WARNER BROS. ENTERTAINMENT
13 INC. and TURNER
ENTERTAINMENT CO.,
14
Plaintiffs,
15
v.
16
ERIC LOUZIL, an individual, SINGA
17 ENTERTAINMENT, SINGA HOME
ENTERTAINMENT, ECHELON
18 STUDIOS, ECHELON
ENTERTAINMENT, and DOES 1
19 through 50, inclusive,
20

Case No. CV 12-08955 DSF (Ex)
PERMANENT INJUNCTION AND
DISMISSAL WITH PREJUDICE
[Stipulation for Permanent
Injunction and Dismissal With
Prejudice filed concurrently
herewith]
Trial Date: December 10, 2013

Defendants.

21
22
23
24
25
26
27
28
CALDWELL
LESLIE &
PROCTOR

PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE

1

The Court, having read and considered the Stipulation for Permanent

2 Injunction and Dismissal with Prejudice that has been executed by Plaintiffs Warner
3 Bros. Entertainment Inc. and Turner Entertainment Co. (collectively “Plaintiffs”)
4 and Defendants Echelon Studios and Eric Louzil, (collectively “Defendants”) in this
5 action (Plaintiffs and Defendants collectively referred to as the “Parties”), and good
6 cause appearing therefore, hereby:
7

ORDERS that based on the Parties’ concurrently-filed Stipulation for

8 Permanent Injunction and Dismissal With Prejudice, this Permanent Injunction shall
9 be and is hereby entered against Defendants, as follows:
10

1) This Court has jurisdiction of this action under 28 U.S.C. §§ 1331 and

11 1338(a). Service of process was properly made against Defendants.
12

2) Plaintiffs are the owners or assignees of rights in and to the live action

13 feature films and animated cartoons listed in Exhibit A (collectively referred to
14 herein as the “Films”).
15

3) Plaintiffs have alleged that Defendants have engaged in the reproduction,

16 public performance, making available, distribution and sale, through DVDs, television
17 masters, digital files, or other audio-visual platforms, of copies of the Films.
18

4) Defendants, their officers, directors, and employees, anyone acting on their

19 behalf, any present or future entity or website directly or indirectly owned or
20 controlled by one or both Defendants, or in which any Defendant is an officer,
21 director, shareholder, managing agent or partner, or with which or whom they act in
22 concert, are hereby restrained and permanently enjoined from:
23

a) All production, manufacture, reproduction, distribution, sale, exhibition,

24 public performance, making available, communication to the public, transmission,
25 streaming, downloading, offering for downloading, display, advertising, promotion,
26 renting, lending, licensing, or other exploitation, in whole or in part, in any language,
27 anywhere in the world, in any media or format, of any of the Films listed in Exhibit A.
28
CALDWELL
LESLIE &
PROCTOR

-1-

PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE

1

b) This Injunction is without prejudice to any other valid rights of the

2 Plaintiffs or Defendants.
3

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

4

6) Except as provided herein, all claims alleged in the Complaint are

5 dismissed with prejudice.
6

7) This Injunction shall be deemed to have been served upon Defendants at

7 the time of its execution by the Court.
8

8) The Court finds there is no just reason for delay in entering this Injunction

9 and, pursuant to Rule 54(a) of the Federal Rules of Civil Procedure, the Court
10 directs immediate entry of this Injunction against Defendants.
11

9) The Court shall retain jurisdiction of this action and the Parties to entertain

12 such further proceedings and to enter such further orders as may be necessary or
13 appropriate to implement and enforce the provisions of this Injunction.
14

10) The above-captioned action, shall, upon motion by Plaintiffs, be

15 reopened should Defendants default under the terms of the Settlement Agreement.
16
17 DATED: August 12, 2013
18
19
20

By __________________________________
Honorable Dale S. Fischer
United States District Court Judge

21
22
23
24
25
26
27
28
CALDWELL
LESLIE &
PROCTOR

-2-

PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE

1 Presented by:
2
3
4 LINDA M. BURROW
CALDWELL LESLIE & PROCTOR, PC
5
6
7

AZUKA L. UZOH
8 THE LAW OFFICES of AZUKA L. UZOH
9
10
11 ERIC LOUZIL
In Propia Persona
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CALDWELL
LESLIE &
PROCTOR

-3-

PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE