John Doe v. Damien Vazquez et al

Filing 24

ORDER RE: PLAINTIFF REQUEST FOR PRELIMINARY INJUNCTION by Judge Beverly Reid O'Connell that Defendant Damien Vazquez shall remove and forever purge the private nude or semi-nude pictures that were obtained from Plaintiff mobile phone without authorization. (SEE ATTACHMENT FOR FURTHER DETAILS). FURTHER ORDERED that Defendant, within three (3) business days of receipt of this Order, must submit to Plaintiff counsel a sworn statement acknowledging receipt of this Order. (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – WESTERN DIVISION

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JOHN DOE, an individual,
Plaintiff,

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Case No.: CV 17-00234-BRO-(JEMx)

v.
DAMIEN VAZQUEZ, an individual,
and DOES 1 to 10, inclusive,

ORDER RE: PLAINTIFF’S
REQUEST FOR PRELIMINARY
INJUNCTION

Defendants.

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_____________________________________________________________________________
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ORDER

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TO THE CLERK OF THE ABOVE-ENTITLED COURT, TO THE
PARTIES AND THEIR ATTORNEYS OF RECORD:

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Plaintiff John Doe’s (“Plaintiff”) Ex Parte Application for Temporary

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Restraining Order and Order to Show Cause RE: Preliminary Injunction and

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Order for Expedited Discovery (“Ex Parte Application”) came on for hearing

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before this Court on January 25, 2017, at 9:00 a.m., in Courtroom 7C of the

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above-entitled Court, the Honorable Beverly Reid O’Connell presiding. The

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appearances of parties were as noted on the record. In his Ex Parte Application,

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Plaintiff also requested that the Court enter a preliminary injunction.

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Accordingly, on January 25, 2017, the Court granted in part Plaintiff’s Ex Parte

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Application, entered a temporary restraining order, and ordered Defendant

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Damien Vazquez (“Defendant”) to show cause why the Court should not issue a

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preliminary injunction. Good cause appearing, the Court extended the initial

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temporary restraining order for an additional fourteen days. Subsequently, on

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February 21, 2017, at 8:30 a.m., the Court held a second hearing to determine

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whether to issue a preliminary injunction in this matter. After considering the

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moving papers and all other matters presented, and with good cause appearing,

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the Court rules as follows: Plaintiff’s request for a preliminary injunction is

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GRANTED.

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I. PRELIMINARY INJUNCTION
IT IS ORDERED THAT:
1. Defendant Damien Vazquez (“Defendant”) shall remove and forever purge

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the private nude or semi-nude pictures that were obtained from Plaintiff’s

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mobile phone without authorization;

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_____________________________________________________________________________
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ORDER

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2. Defendant shall not take, or cause to be taken, any nude or semi-nude pictures
of Plaintiff without consent unless Plaintiff is appearing in public.
Furthermore, Defendant shall not distribute Plaintiff’s nude or semi-nude
photographs taken without consent to any third parties, including, but not
limited to, friends, colleagues, and/or relatives;
3. Defendant shall not post nude or semi-nude pictures of Plaintiff taken without
consent on any social media websites, including, but not limited to, Facebook,
Twitter, Instagram, Tumblr, or Snapchat;
4. Defendant shall not contact Plaintiff’s modeling/acting agents and industry
professionals to interfere with or ruin Plaintiff’s business relationships;
5. Defendant shall not contact Plaintiff’s mother and current/former friends to
damage his reputation;
6. Defendant shall not spoof mobile numbers in order to contact the following
parties: Plaintiff’s friends, colleagues, and/or relatives to damage his
reputation;
7. Defendant shall not disrupt Plaintiff’s professional efforts and shall cease and
desist from alarming, annoying, or harassing Plaintiff without justification;
8. Defendant shall not remit or attempt to remit funds towards Plaintiff’s friends
to divulge Plaintiff’s personal information, including, but not limited to,
phone number(s);
9. Defendant shall not communicate with or reach out to Plaintiff’s fans in an
effort to ruin Plaintiff’s reputation;
10. Defendant shall not come within 500 feet of Plaintiff and his immediate
family for during the duration of the restraining order; and
11. Defendant shall not communicate with Plaintiff and his immediate family in
an alarming, harassing, threatening, annoying, or otherwise damaging manner.

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_____________________________________________________________________________
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ORDER

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II. RETENTION OF JURISDICTION
IT IS FURTHER ORDERED that this Court shall retain jurisdiction of
this matter for all purposes of construction, modification, and enforcement of this
Order.

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III. ACKNOWLEDGMENT OF RECEIPT OF ORDER BY
DEFENDANT

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IT IS FURTHER ORDERED that Defendant, within three (3)
business days of receipt of this Order, must submit to Plaintiff’s counsel a
sworn statement acknowledging receipt of this Order.

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IT IS SO ORDERED, this 22nd day of February, 2017, at 4:00 PM,
Pacific Daylight Time.

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IT IS SO ORDERED.

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DATED: February 22, 2017
By:
Honorable Beverly R. O’Connell
United States District Court Judge

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_____________________________________________________________________________
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ORDER