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)

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1 CALDWELL LESLIE & PROCTOR, PC CHRISTOPHER G. CALDWELL, State Bar No. 106790 caldwell@caldwell-leslie.com 2 LINDA M. BURROW, State Bar No. 194668 burrow@caldwell-leslie.com 3 KELLY L. PERIGOE, State Bar No. 268872 perigoe@caldwell-leslie.com JS 6 4 725 South Figueroa Street, 31st Floor 5 Los Angeles, California 90017-5524 Telephone: (213) 629-9040 6 Facsimile: (213) 629-9022 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

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