Ticketmaster LLC v. Joseph Shalom et al

Filing 18

ORDER RE: PERMANENT INJUNCTION AND DISMISSAL WITH PREJUDICE AS TO SHALOM by Judge Audrey B. Collins: NOW, THEREFORE, Ticketmaster and Shalom, through their respective counsel, hereby stipulate to and respectfully request the Court to enter a perm anent injunction and dismiss all claims against Shalom with prejudice, as follows: Shalom and all those under his direction or control or acting in concert with him, including without limitation his agents, employees, successors, and assigns, are per manently enjoined. Except as adjudicated herein, all claims asserted by Ticketmaster against Shalom shall hereby be dismissed with prejudice. Such dismissal has no effect on any claims against other defendants in this action. Ticketmaster and Shalom shall all pay their own legal fees and costs incurred in connection with this action. Ticketmaster and Shalom shall all pay their own legal fees and costs incurred in connection with this action. (see document for further details) (bm)

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ROBERT H. PLATT (Bar No. CA 108533)
[e-mail]
MARK S. LEE (Bar No. CA 094103)
[e-mail]
DONALD R. BROWN (Bar No. CA 156548)
[e-mail]
MANATT, PHELPS & PHILLIPS, LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064-1614
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
TICKETMASTER L.L.C.

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UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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TICKETMASTER L.L.C., a Virginia
limited liability company,
Plaintiff,

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vs.
JOSEPH SHALOM, MICHAEL
SILVERMAN, MARCUS CLIETT,
MAX SHALAM, RODNEY JORDAN,
JERRY HIMER, MICHAEL
FRATIANNI, EZRA AZIZO, JOSEPH
HOGAN, SVETLANA MINGAEVA,
BENG SWEET, JR., and DOES 1
through 10, inclusive,

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Case No. CV-13-3035 ABC (JCx)
Hon. Audrey B. Collins
STIPULATION AND ORDER RE:
PERMANENT INJUNCTION
AND DISMISSAL WITH
PREJUDICE AS TO SHALOM

Defendants.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

308134306.2

STIP. AND ORDER RE PERM.
INJUNCTION AND DISMISSAL

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WHEREAS, plaintiff Ticketmaster L.L.C. (“Ticketmaster”) and defendant

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Joseph Shalom (“Shalom”) have entered into a settlement agreement, including

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terms providing for the release of claims between them.

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WHEREAS, Shalom has consented to allow the entry of a permanent
injunction against him pursuant to the terms of the settlement agreement.

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NOW, THEREFORE, Ticketmaster and Shalom, through their respective

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counsel, hereby stipulate to and respectfully request the Court to enter a permanent

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injunction and dismiss all claims against Shalom with prejudice, as follows:

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Shalom and all those under his direction or control or acting in concert

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with him, including without limitation his agents, employees, successors, and

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assigns, are permanently enjoined from:

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a.

Creating or using computer programs or automated devices to

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search for, reserve, or purchase tickets from www.ticketmaster.com (the

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"Website"), faster than human beings can manually enter into the Website the

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information needed to obtain information about, reserve, or purchase tickets from

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the Website;

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b.

Creating or using computer programs or automated devices to

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circumvent CAPTCHA or any other software program integrated into the Website's

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customer interface to distinguish computer programs or automated devices from

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human customers;

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c.

purchasing or attempting to purchase tickets from the Website;

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d.

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

Exceeding web page request limits, reserve request limits, or

per-event ticket limits that are disclosed or otherwise posted on the Website; and

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Infringing any of Ticketmaster’s copyrights in the course of

e.

Conspiring with anyone else to engage in any of the above

activities.
2.

No one subject to this injunction shall be found in violation of the

injunction solely because he or she has unknowingly purchased tickets from, sold
308134306.2

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STIP. AND ORDER RE PERM.
INJUNCTION AND DISMISSAL

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tickets to, or otherwise conducted business with a third party who Ticketmaster

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alleges has or is engaged in the above proscribed activities.

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3.

Except as adjudicated herein, all claims asserted by Ticketmaster

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against Shalom shall hereby be dismissed with prejudice. Such dismissal has no

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effect on any claims against other defendants in this action.

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4.

Ticketmaster and Shalom shall all pay their own legal fees and costs

incurred in connection with this action.
5.

This Court shall retain continuing jurisdiction over Ticketmaster and

Shalom to enforce this stipulation and order.
Dated: June 4, 2013

MANATT, PHELPS & PHILLIPS, LLP

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By: s/Robert H. Platt
Robert H. Platt
Attorneys for Plaintiff
TICKETMASTER L.L.C.

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Dated: June 4, 2013

KINSELLA WEITZMAN ISER KUMP &
ALDISERT, LLP

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By: s/Lawrence Y Iser
Lawrence Y. Iser
Attorneys for Defendant
JOSEPH SHALOM

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SO ORDERED.

July
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Dated this ______ day of ______________, 2013

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United States District Judge

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M ANATT , P HELPS &
P HILLIPS , LLP
ATTORNEYS AT LAW
LOS ANGELES

308134306.2

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STIP. AND ORDER RE PERM.
INJUNCTION AND DISMISSAL