Tony Didio et al v. Dean Jones et al

Filing 294

JUDGMENT by Judge Philip S. Gutierrez. JUDGMENT IS ENTERED AS FOLLOWS: 1. Ted Rosenblatt and PFG Entertainment, Inc. are adjudged to have willfully infringed Aquarius Films, LLP's copyright in Toolbox Murders (2003), and to be jointly and sever ally liable to Aquarius Films, LLP for damages thereon in the amount of $85,000; 2. Ted Rosenblatt and PFG Entertainment, Inc. are adjudged to have willfully infringed TBM III Movie, LLCs rights in Toolbox Murders 2, and to be jointly and severally liable to TBM III Movie LLC for damages thereon in the amount of $375,000; 3. Ted Rosenblatt and PFG Entertainment, Inc. are also jointly and severally liable to Plaintiffs for costs and attorneys' fees in the amount of twenty- eight thousand two hundred and seventy-nine dollars ($28,279.00) incurred in connection with the Parties liability arbitration; and 4. Ted Rosenblatt and PFG Entertainment, Inc. are also jointly and severally liable to Plaintiffs for costs and attorneys' fees incurred in this case in the amount ___ of which amount is exclusive of the costs and fees incurred with the liability arbitration proceedings. (MD JS-6, Case Terminated). (lom)

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E-FILED-2/8/17 JS-6 7 Stephen M. Doniger (SBN 179314) stephen@donigerlawfirm.com Scott A. Burroughs (SBN 235718) scott@donigerlawfirm.com David R. Shein (SBN 230870) david@donigerlawfirm.com DONIGER / BURROUGHS APC 603 Rose Avenue Venice, California 90291 Telephone: (310) 590-1820 8 Attorneys for Plaintiffs 1 2 3 4 5 6 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 TONY DIDIO, et al., 13 Plaintiffs, Case No.: CV13-4949-PSG (AGRx) Hon. Philip S. Gutierrez Presiding [PROPOSED] JUDGMENT 14 15 vs. 16 DEAN JONES, et al., 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] JUDGMENT 1 [PROPOSED] JUDGMENT 2 3 4 5 6 7 Whereas, on March 18, 2015 the parties arbitrated the claims of copyright infringement of Plaintiffs Aquarius Films, LLP and TBM III Movie, LLC against Defendants PFG Entertainment, Inc., and Ted Rosenblatt through ADR Services, Inc., before the Hon. George P. Schiavelli (Ret.)(the “Arbitration”); Whereas, on March 24, 2015 Judge Schiavelli completed and signed the 8 Arbitration Verdict Form presented to him by the parties, finding that Aquarius 9 Films, LLP owns a valid copyright in Toolbox Murders and TBM III Movie, LLC 10 owns a valid copyright in Toolbox Murders 2 and finding both defendants liable to 11 both Plaintiffs for copyright infringement (Dkt. 235 and 235-1); 12 Whereas, on May 22, 2015 Judge Schiavelli issued an Order granting 13 Plaintiffs’ request for arbitration costs and attorneys fees in the amount of $28,279.00 14 (Dkt. 244 and 244-1); 15 Whereas, on January 27, 2017 a jury in this case returned a verdict on the 16 remaining claims, finding that Defendants’ infringement of Plaintiffs’ respective 17 copyrights was willful and awarding damages of $375,000 to Plaintiff TBM III 18 Movie, LLC and $85,000 to Plaintiff Aquarius Films, LLP. 19 ACCORDINGLY, JUDGMENT IS ENTERED AS FOLLOWS: 20 1. Ted Rosenblatt and PFG Entertainment, Inc. are adjudged to have 21 willfully infringed Aquarius Films, LLP’s copyright in Toolbox Murders (2003), and 22 to be jointly and severally liable to Aquarius Films, LLP for damages thereon in the 23 amount of $85,000; 24 2. Ted Rosenblatt and PFG Entertainment, Inc. are adjudged to have 25 willfully infringed TBM III Movie, LLC’s rights in Toolbox Murders 2, and to be 26 jointly and severally liable to TBM III Movie LLC for damages thereon in the 27 amount of $375,000; 28 [PROPOSED] JUDGMENT 1 2 3 4 5 3. Ted Rosenblatt and PFG Entertainment, Inc. are also jointly and severally liable to Plaintiffs for costs and attorneys’ fees in the amount of twentyeight thousand two hundred and seventy-nine dollars ($28,279.00) incurred in connection with the Parties’ liability arbitration; and 4. Ted Rosenblatt and PFG Entertainment, Inc. are also jointly and 6 severally liable to Plaintiffs for costs and attorneys’ fees incurred in this case in the 7 amount of _______________________________________________ ($_________), 8 which amount is exclusive of the costs and fees incurred with the liability arbitration 9 proceedings. 10 11 12 13 14 SO ORDERED 2/3/17 Dated: _____________, 2017 By: PHILIP S. GUTIERREZ ____________________________ Hon. Philip S. Gutierrez U.S. District Court Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] JUDGMENT

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