Warner Bros. Home Entertainment Inc. v. Luis Alberto Ontanon et al

Filing 25

CONSENT DECREE AND PERMANENT INJUNCTION by Judge Andre Birotte Jr.: Upon Stipulation 24 , Defendant John Wagner a/k/a John Felton Wagner a/k/a Luis Alberto Ontanon a/k/a Louis A. Ontanon a/k/a Luis A. Lopezontanon and his agents, servants, employees , representatives, successor and assigns, and all persons, firms, corporations or other entities in active concert or participation with him who receive actual notice of the Injunction are hereby restrained and permanently enjoined re Plaintiff's Works, etc. Each side shall bear its own fees and costs of suit. Except as provided in this Consent Decree, all claims alleged in the Complaint are dismissed without prejudice. See document for further details. ( MD JS-6. Case Terminated ) (gk)

JS-6
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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)
Warner Bros. Home Entertainment Inc., ) Case No. CV17-1158 AB (KSx)
)
) [PROPOSED] CONSENT DECREE
Plaintiff,
) AND PERMANENT INJUNCTION
)
v.
)
)
Luis Alberto Ontanon a/k/a Louis A.
)
Ontanon a/k/a Luis A. Lopezontanon,
John Wagner a/k/a John Felton Wagner, )
)
and Does 2 – 10, inclusive,
)
)
Defendants.
)

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The Court, having read and considered the Joint Stipulation for Entry of

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Consent Decree and Permanent Injunction that has been executed by Plaintiff Warner

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Bros. Home Entertainment Inc. (“Plaintiff”) and Defendant John Wagner a/k/a John

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Felton Wagner a/k/a Luis Alberto Ontanon a/k/a Louis A. Ontanon a/k/a Luis A.

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Lopezontanon (“Defendant”) in this action, and good cause appearing therefore,

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hereby:

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ORDERS that based on the Parties’ Stipulation and only as to Defendant, his

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successors, heirs, and assignees, this Injunction shall be and is hereby entered in the

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within action as follows:

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1)

This Court has jurisdiction over the parties to this action and over the subject
matter hereof pursuant to 17 U.S.C. § 101 et

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WB v. Wagner, et al.: [Proposed] Consent Decree

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seq., and 28 U.S.C. §§ 1331 and 1338. Service of process was properly made against

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Defendant.

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2)

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the distribution of home video and digital products, including video home cassettes as

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well as optical discs, including, but not limited to, digital versatile discs (DVDs) and

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Blu-ray discs incorporating copyrights to motion pictures and television episodes

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owned or controlled by Plaintiff, including, but not limited to, those which are the

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subject of the copyright registrations listed in Exhibit “A” attached hereto and

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incorporated herein by this reference (collectively referred to herein as “Plaintiff’s

Plaintiff owns or controls the pertinent exclusive rights to distribute or license

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Works”).

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3)

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Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff’s

Works or substantially similar likenesses or colorable imitations thereof.
4)

Defendant and his agents, servants, employees, representatives, successor and

assigns, and all persons, firms, corporations or other entities in active concert or
participation with him 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)

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transmitting, or publicly performing, or using trademarks, trade names or

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logos in connection with unauthorized media products containing any of

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Copying, reproducing, downloading, distributing, uploading, linking to,

Plaintiff’s Works;
b)

Enabling, facilitating, permitting, assisting, soliciting, encouraging,
abetting, or inducing any person or entity to copy, reproduce, download,

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distribute, upload, link to, transmit, or publicly perform any unauthorized

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versions of Plaintiff’s Works; or

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c)

Profiting from the unauthorized copying, reproduction, downloading,

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distribution, uploading, linking to, transmission, or public performance of

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any of Plaintiff’s Works while declining to exercise a right to stop or limit

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such unauthorized copying, reproduction, downloading, distribution,

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uploading, linking to, transmission, or public performance of any of

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Plaintiff’s Works.

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5)

Each side shall bear its own fees and costs of suit.

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6)

Except as provided herein, all claims alleged in the Complaint are dismissed

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without prejudice.

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7)

This Injunction shall be deemed to have been served upon Defendant at the time

of its execution by the Court.
8)

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 Defendant.
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 Defendant, be reopened should Defendant
default under the terms of the Settlement Agreement.
///
///
///
///

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///

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11)

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further orders necessary or proper for the construction or modification of this consent

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decree and judgment; the enforcement hereof; the punishment of any violations

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hereof; and for the possible entry of a further Judgment Pursuant to Stipulation in this

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action.

This Court shall retain jurisdiction over Defendant for the purpose of making

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DATED:

December 04, 2017

Hon. André Birotte Jr.
United States District Judge

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EXHIBIT A
COPYRIGHT REGISTRATIONS

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Copyright
Registration
Number:

Title of Work:

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PA0001929214

THE VAMPIRE DIARIES: I’LL REMEMBER

PA0001930884

THE VAMPIRE DIARIES: YELLOW LEDBETTER

PA0001930883

THE VAMPIRE DIARIES: WELCOME TO PARADISE

PA0001934240

THE VAMPIRE DIARIES: BLACK HOLE SUN

PA0001934236

THE VAMPIRE DIARIES: THE WORLD HAS TURNED
AND LEFT ME HERE

PA0001934681

THE VAMPIRE DIARIES: THE MORE YOU IGNORE
ME, THE CLOSER I GET

PA0001934671

THE VAMPIRE DIARIES: DO YOU REMEMBER THE
FIRST TIME?

PA0001938635

THE VAMPIRE DIARIES: FADE INTO YOU

PA0001938636

THE VAMPIRE DIARIES: I ALONE

PA0001938637

THE VAMPIRE DIARIES: CHRISTMAS THROUGH
YOUR EYES

PA0001948072

THE VAMPIRE DIARIES: WOKE UP WITH A
MONSTER

PA0001948218

THE VAMPIRE DIARIES: PRAYER FOR THE DYING

PA0001948220

THE VAMPIRE DIARIES: THE DAY I TRIED TO LIVE

PA0001956555

THE VAMPIRE DIARIES: STAY

PA0001956554

THE VAMPIRE DIARIES: LET HER GO

PA0001956553

THE VAMPIRE DIARIES: THE DOWNWARD SPIRAL

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PA0001954779

THE VAMPIRE DIARIES: A BIRD IN GILDED CAGE

PA0001956552

THE VAMPIRE DIARIES: I NEVER COULD LOVE
LIKE THAT

PA0001959040

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THE VAMPIRE DIARIES: BECAUSE

PA0001959039

THE VAMPIRE DIARIES: I’D LEAVE MY HAPPY
HOME FOR YOU

PA0001959038

THE VAMPIRE DIARIES: I’LL WED YOU IN THE
GOLDEN SUMMERTIME

PA0001959041

THE VAMPIRE DIARIES: I’M THINKING OF YOU
ALL THE WHILE

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