Warner Bros Home Entertainment Inc v. Lenin Coronel et al

Filing 11

CONSENT DECREE AND PERMANENT INJUNCTION by Judge Fernando M. Olguin 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 follo ws: 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 r estrained and permanently enjoined. Each side shall bear its own fees and costs of suit. Except as provided herein, all claims alleged in the Complaint against Defendants are dismissed with prejudice. This Injunction shall be deemed to have been served upon Defendants at the time of its execution by the Court. SEE ATTACHED DOCUMENT FOR FURTHER DETAILS. (MD JS-6. Case Terminated.) (jp)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 J. Andrew Coombs (SBN 123881) andy@coombspc.com Annie S. Wang (SBN 243027) annie@coombspc.com J. Andrew Coombs, A Prof. Corp. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 Attorneys for Plaintiff Warner Bros. Home Entertainment Inc. Emmanuel Fernandez, an individual and d/b/a Amazon.com Seller gewds4less emanfernandez@gmail.com 5173 Waring Road #320 San Diego, CA 92120 Telephone: (310) 701-0884 Lenin Coronel, an individual and d/b/a Amazon.com Seller gewds4less lenincoronel2010@gmail.com 2018 W. 147th St. Gardena, California 90249 Telephone: (310) 720-2543 Defendants, in pro se JS-6 16 UNITED STATES DISTRICT COURT 17 CENTRAL DISTRICT OF CALIFORNIA 18 19 20 21 22 23 24 25 ) Warner Bros. Home Entertainment Inc., ) ) ) Plaintiff, ) ) v. ) Lenin Coronel, an individual and d/b/a ) ) Amazon.com Seller gewds4less; Emmanuel Fernandez, an individual and ) d/b/a Amazon.com Seller gewds4less, and ) ) Does 2-10, inclusive, ) ) Defendants. Case No.: CV12-9130 FMO (FMOx) CONSENT DECREE AND PERMANENT INJUNCTION 26 The Court, having read and considered the Joint Stipulation for Entry of 27 Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner 28 Bros. Home Entertainment Inc. (“Plaintiff”) and Defendants Lenin Coronel, an Warner Bros. v. Coronel: [Proposed] Consent Decree -1- 1 individual and d/b/a Amazon.com Seller gewds4less and Emmanuel Fernandez, an 2 individual and d/b/a Amazon.com Seller gewds4less (“Defendant”), in this action, and 3 good cause appearing therefore, hereby: 4 ORDERS that based on the Parties’ stipulation and only as to Defendants, their 5 successors, heirs, and assignees, this Injunction shall be and is hereby entered in the 6 within action as follows: 7 1) 8 matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 1338. 9 Service of process was properly made against Defendants. This Court has jurisdiction over the parties to this action and over the subject 10 2) 11 or license the distribution of home video and digital products, including video home 12 cassettes (VHS) as well as optical discs, including, but not limited to, digital versatile 13 discs (DVDs) and Blu-ray discs (collectively “Media Products”) incorporating the 14 motion picture or television titles subject to the copyright registrations listed in Exhibit 15 “A” attached hereto and incorporated herein by this reference (collectively referred to 16 herein as “Plaintiff’s Works”). 17 3) 18 Works or substantially similar likenesses or colorable imitations thereof. 19 20 21 22 23 24 25 26 27 4) Plaintiff owns or controls the copyright or pertinent exclusive right to distribute Plaintiff has alleged that Defendants have made unauthorized uses of Plaintiff’s 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, 28 Warner Bros. v. Coronel: [Proposed] Consent Decree -2- 1 transmitting, or publicly performing, or using trademarks, trade names or 2 logos in connection with unauthorized Media Products containing any of 3 Plaintiff’s Works; 4 b) Enabling, facilitating, permitting, assisting, soliciting, encouraging, 5 abetting, or inducing any person or entity to copy, reproduce, download, 6 distribute, upload, link to, transmit, or publicly perform any of Plaintiff’s 7 Works; or 8 c) Profiting from the unauthorized copying, reproduction, downloading, 9 distribution, uploading, linking to, transmission, or public performance of 10 any of Plaintiff’s Works while declining to exercise a right to stop or limit 11 such unauthorized copying, reproduction, downloading, distribution, 12 uploading, linking to, transmission, or public performance of any of 13 Plaintiff’s Works. 14 5) Each side shall bear its own fees and costs of suit. 15 6) Except as provided herein, all claims alleged in the Complaint against 16 Defendants are dismissed with prejudice. 17 7) 18 time of its execution by the Court. 19 20 21 22 23 24 25 26 27 8) This Injunction shall be deemed to have been served upon Defendants at the 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 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 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 28 Warner Bros. v. Coronel: [Proposed] Consent Decree -3- 1 default under the terms of the Settlement Agreement. 2 11) 3 further orders necessary or proper for the construction or modification of this consent 4 decree and judgment; the enforcement hereof; the punishment of any violations 5 hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this 6 action. This Court shall retain jurisdiction over Defendants for the purpose of making 7 8 DATED: March 27, 2013 ___________/s/___________________ Hon. Fernando M. Olguin United States District Judge 9 10 11 12 PRESENTED BY: J. Andrew Coombs, A Prof. Corp. 13 14 15 16 17 18 19 20 21 22 23 24 By: ____________________________ J. Andrew Coombs Annie S. Wang Attorneys for Plaintiff Warner Bros. Home Entertainment Inc. Emmanuel Fernandez, an individual and d/b/a Amazon.com Seller gewds4less By: _______________________________ Emmanuel Fernandez Defendant, in pro se Lenin Coronel, an individual and d/b/a Amazon.com Seller gewds4less By: _______________________________ Lenin Coronel Defendant, in pro se 25 26 27 28 Warner Bros. v. Coronel: [Proposed] Consent Decree -4- 1 EXHIBIT A 2 COPYRIGHT REGISTRATIONS 3 4 REG. NO. TITLE PA 1-697-280 ENTOURAGE: Stunted 11 PA 1-697-285 PA 1-704-328 PA 1-699-106 PA 1-699-105 PA 1-706-302 PA 1-706-285 PA 1-706-311 12 PA 1-706-303 13 PA 1-706-307 ENTOURAGE: Buzzed ENTOURAGE: Dramedy ENTOURAGE: Tequila Sunrise ENTOURAGE: Bottoms Up ENTOURAGE: Hair ENTOURAGE: Tequila And Coke ENTOURAGE: Sniff Sniff Gang Bang ENTOURAGE: Porn Scenes From An Italian Restaurant ENTOURAGE: Lose Yourself 5 6 7 8 9 10 14 15 16 PA 1-805-604 PA 1-805-577 17 18 PA 1-806-061 19 PA 1-806-064 20 THE BIG BANG THEORY: The Skank Reflex Analysis THE BIG BANG THEORY: The Countdown Reflection TWO AND A HALF MEN: Nice To Meet You, Walden Schmidt TWO AND A HALF MEN: Oh Look! Al-Qaeda! 21 22 23 24 25 26 27 28 Warner Bros. v. Coronel: [Proposed] Consent Decree -5- COPYRIGHT CLAIMANTS Home Box Office, Inc. ("HBO") HBO HBO HBO HBO HBO HBO HBO HBO HBO Warner Bros. Entertainment Inc. ("WBEI") WBEI WBEI WBEI

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