Twentieth Century Fox Film Corporation v. Matthew Saundry et al

Filing 22

DEFAULT JUDGMENT AND PERMANENT INJUNCTION AGAINST DEFENDANT MATTHEW SAUNDRY by Judge Ronald S.W. Lew, in the principal amount of $240,000, interest in the amount of $0.00, attorneys fees of $8,400.00, costs of $0.00 for a total judgment of $248,400.00. Defendant, his agents, servants, employees and all persons in active concert and participation with him who receive actual notice of the injunction are permanently enjoined from: SEE JUDGMENT. Related to MOTION AT 18 . The Court shall retain jurisdiction over the parties and the subject matter for the purpose of enforcing the provisions of this Judgment and Order and to enforce its mandatory injunction. ( MD JS-6. Case Terminated ) (jre)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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12 TWENTIETH CENTURY FOX FILM
CORPORATION,
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Plaintiff,
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v.
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MATTHEW SAUNDRY and DOES 1- )
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Defendants.
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CV 16-8463-RSWL-MRWx
DEFAULT JUDGMENT
AND PERMANENT
INJUNCTION
AGAINST DEFENDANT
MATTHEW SAUNDRY

WHEREAS, on March 16, 2017, the Court Clerk entered

22 default against Defendant Matthew Saundry (“Defendant”)
23 [16], pursuant to Federal Rules of Civil Procedure
24 55(a),
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WHEREAS, on July 27, 2017, this Court GRANTED

26 Plaintiff Twentieth Century Fox Film Corporation’s
27 (“Plaintiff”) Motion for Default Judgment [18]
28 (“Motion” or “Motion for Default Judgment”),
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IT IS HEREBY ORDERED, ADJUDGED, and DECREED, upon

2 the findings of the Court, that Judgment is entered in
3 favor of Plaintiff and against Defendant, in accordance
4 with this Court’s previous Order granting Plaintiff’s
5 Motion for Default Judgment [16].

Statutory damages

6 are awarded to Plaintiff in the amount of $240,000.
7 Attorneys’ fees are further awarded to Plaintiff in the
8 amount of $8,400.

The Court also awards prejudgment

9 interest at the applicable rate set by 28 U.S.C. §
10 1961(a) on the total judgment amount of $248,400.
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Furthermore, the Court GRANTS Plaintiff’s request

12 for entry of a permanent injunction, and IT IS HEREBY
13 ORDERED, ADJUDGED, and DECREED that Defendant, his
14 agents, servants, employees and all persons in active
15 concert and participation with him who receive actual
16 notice of the injunction are permanently enjoined from:
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a.

Infringing the Plaintiff’s Copyrights, either

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directly or contributorily, in any manner,

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including generally, but not limited to,

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manufacturing, reproducing, importing,

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advertising, selling and/or offering for sale

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any unauthorized product which features any of

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the Plaintiff’s Copyrights, and, specifically:

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b.

Importing, manufacturing, distributing,

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advertising, selling and/or offering for sale

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the Unauthorized Product or any other

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unauthorized products which picture, reproduce,

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copy or use the likenesses of or bear a
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substantial similarity to any of Plaintiff’s

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Copyrights;

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c.

Importing, manufacturing, reproducing,

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distributing, advertising, selling and/or

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offering for sale in connection thereto any

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unauthorized promotional materials, labels,

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packaging or containers which picture,

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reproduce, copy or use the likenesses or bear a

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confusing similarity to the Plaintiff’s

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Copyrights;
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Engaging in any conduct that tends falsely to

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represent that, or is likely to confuse,

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mislead, or deceive purchasers, Defendant’s

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customers and/or members of the public to

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believe, the actions of Defendant, the

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counterfeit products and related merchandise

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manufactured, sold and/or offered for sale by

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Defendant, or Defendant himself is connected

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with Plaintiff, is sponsored, approved or

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licensed by Plaintiff or is affiliated with

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Plaintiff;

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e.

Affixing, applying, annexing or using in

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connection with the importation, manufacture,

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distribution, advertising, sale and/or offer

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for sale or other use of any goods or services,

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a false description or representation including

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words or other symbols, tending to falsely

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describe or represent such goods as being those
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of Plaintiff.
The Court shall retain jurisdiction over the

3 parties and the subject matter for the purpose of
4 enforcing the provisions of this Judgment and Order and
5 to enforce its mandatory injunction.
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7 IT IS SO ORDERED.
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9 DATED: July 27, 2017
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s/
HONORABLE RONALD S.W. LEW
Senior U.S. District Judge

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