Mark Jones et al v. Lance Eric Thompson et al

Filing 15

JUDGMENT PURSUANT TO STIPULATION 12 by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment be entered in favor of Plaintiffs, and each of them, and against Defendants. The Parties having so stipulated and agreed, t he Court on that basis finds, orders, adjudges and decrees, that Defendants, and each of them, their respective officers, members, principals, agents, representatives, servants, employees, successors and assigns, and all persons or entities acting by , through, under, on behalf of, or in active concert or participation with any of them who receive actual knowledge or notice of this Judgment by personal service, facsimile transmission email or otherwise, whether acting directly or through any corp oration, subsidiary, division, or other device, are hereby permanently enjoined and restrained. Each of the Parties shall bear their own respective attorneys fees, costs of suit and other expenses incurred in, arising from or in any way related to this action. (MD JS-6, Case Terminated). (jp)

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NOTE CHANGES MADE BY COURT.

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3/28/2017

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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Mark Jones, an individual, George
Saadi,
an
individual,
and
Vamprechaun Productions, LLC, a
California limited liability company,

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Plaintiffs,

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vs.

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Lance
Eric
Thompson,
an
individual, Connie Diane Thompson,
an individual, Portsmouth Pictures,
LLC, a Michigan limited liability
company, and Does 1 through 10,
Inclusive,
Defendants
______________________________

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Case No. 2:17-cv-1619-MWF-RAO
Case Assigned to Hon. Michael W.
Fitzgerald, U.S. District Judge
JUDGMENT PURSUANT TO
STIPULATION

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Jones, et al. v. Thompson et al.,
2:17-cv-1619-MWF-RAO

JUDGMENT PURSUANT TO STIPULATION

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Plaintiffs Mark Jones, an individual (“Jones”), George Saadi, an

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individual (“Saadi”), and Vamprechaun Productions, LLC, a California limited

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liability company (“Vamprechaun Productions”), collectively “Plaintiffs,” on the

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one hand, and, on the other hand, Defendants Lance Eric Thompson, an

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individual (“Lance Thompson”), Connie Diane Thompson, an individual

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(“Connie Thompson”), and Portsmouth Pictures, LLC, a Michigan limited

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liability company (“Portsmouth Pictures”), collectively “Defendants,” having

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entered into a Stipulation for Entry of Judgment filed March 23, 2017, (Docket No. 12),

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and good cause appearing therefor,

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment
be entered in favor of Plaintiffs, and each of them, and against Defendants, and
each of them, as follows:
1.

Determination of the Parties’ Respective Rights, Titles and Interests.

The Parties having so stipulated and agreed, the Court on that basis finds, orders,
adjudges and decrees, that:
a.

In or before 2009, Jones, alone, created the idea for a fictitious

character he termed the “vamprechaun” -- part vampire and part leprechaun -- of
which Jones was and is the sole and exclusive creator;
b.

Lance Thompson was not a “creator,” “co-creator,” “author” or

“co-author” of the “vamprechaun” character;
c.

Defendants, and each of them, have no right, title or interest

whatsoever in or to the “vamprechaun” character;
d.

Jones was and is the sole and exclusive author of his script

entitled “Vamprechaun;”

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Jones, et al. v. Thompson et al.,
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JUDGMENT PURSUANT TO STIPULATION

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e.

Jones is the sole and exclusive owner of exclusive rights, under

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the Copyright Act (17 U.S.C. Sec. 101 et seq.) and other laws of the United States

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and the State of California, in and to that certain literary work consisting of the

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script entitled “Vamprechaun;”

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f.

Jones is the sole author and copyright claimant with respect to

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the copyright in the script registered with the Register of Copyrights, U.S.

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Copyright Office, as a literary work completed in 2013, issued copyright

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registration number TXu 2019581;

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g.

Defendants, and each of them, had no part whatsoever in the

authoring of the “Vamprechaun” script;
h.

Defendants, and each of them, have no copyright or other

rights, title or interest in or to the script entitled “Vamprechaun” that was
registered by Jones with the Register of Copyrights, U.S. Copyright Office, or any
right, title or interest in or to Jones’ Writers Guild of America West, Inc.,
registration of said script;
i.

At no time has Jones, Saadi or Vamprechaun Productions ever

had any partnership or other form of joint business entity with Defendants, or any

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of them, arising from or in any way relating to the “Vamprechaun” character, or

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the “Vamprechaun” script, project or production;

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j.

There was never any other agreement between Plaintiffs, or any

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of them, and Defendants, or any of them, for Defendants, or any of them, to be

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compensated for any time or efforts he expended, or any expenses they, or any of

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them, may have incurred, in connection with the “Vamprechaun” project;

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k.

Any discussions between Jones and Lance Thompson regarding

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Jones, et al. v. Thompson et al.,
2:17-cv-1619-MWF-RAO

JUDGMENT PURSUANT TO STIPULATION

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the possibility of Lance Thompson (or Portsmouth Pictures) becoming involved in

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the “Vamprechaun” project, or receiving any credit or compensation relating

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thereto, was premised and conditioned entirely on Lance Thompson obtaining the

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financing for the project, which Lance Thompson never succeeded in doing;

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l.

Neither Jones, nor Saadi, nor Vamprechaun Productions has

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ever promised, sold, gifted, granted, licensed, transferred or otherwise conveyed to

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Defendants, or any of them, by any means or in any manner whatsoever, any right,

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title or interest in and to either the “Vamprechaun” character or Jones’s script

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entitled “Vamprechaun,” or in and to the copyrights or other rights of any kind or

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nature whatsoever therein, or related thereto;

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m.

Neither Jones, nor Saadi, nor Vamprechaun Productions has

ever consented to, permitted, authorized or ratified any acts by Defendants, or any
of them, wherein said Defendant(s) asserted any right, title or interest of any kind
or nature whatsoever in or to either the “Vamprechaun” character or Jones’s script
entitled “Vamprechaun,” or with respect to the “Vamprechaun” project or
production;
n.

On May 18, 2015, Lance Thompson and his wife, Connie

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Thompson, jointly filed a Voluntary Petition in the United State Bankruptcy Court

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for the Central District of California, under Chapter 13 of the Bankruptcy Code

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(Case No. 2:15-bk-17932-NB). That bankruptcy was converted by the debtors

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from Chapter 13 to Chapter 7 on June 24, 2015. The Thompsons’ bankruptcy

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under Chapter 7, pursuant to that Petition, was discharged effective April 8, 2016.

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(This is hereinafter referred to as the “2015 Bankruptcy.”);

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o.

On September 9, 2016, Lance Thompson and his wife, Connie

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Jones, et al. v. Thompson et al.,
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JUDGMENT PURSUANT TO STIPULATION

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Thompson, jointly filed a Voluntary Petition in the United State Bankruptcy Court

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for the Central District of California, under Chapter 13 of the Bankruptcy Code

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(Case No. 2:16-bk-22203-WB). The Thompsons’ bankruptcy under Chapter 13,

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pursuant to that Petition, was ordered dismissed for failure to appear at the Section

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341(a) meeting of creditors, on October 28, 2016. (This is hereinafter referred to

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as the “2016 Bankruptcy.”);

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p.

Assuming arguendo that it could ever be determined that Lance

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Thompson and/or Connie Thompson ever had any authorship, ownership,

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trademark or copyright rights, title or interests in either the “vamprechaun”

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character or the “Vamprechaun” script, or any partnership or other form of joint
business organization with Plaintiffs or any of them, such rights, title or interests
would have been assets that were necessarily within the scope of their 2015 and
2016 Bankruptcies, and which therefore would have automatically devolved to the
bankrupt estate, such that neither Lance Thompson nor Connie Thompson can
have had any such asset or interest since the discharge and closing of their 2015
and 2016 Bankruptcies under Chapters 7 and 13;
q.

By virtue of having failed to identify, claim and include any

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such assets, rights, title or interests in their bankruptcy filings, Lance Thompson

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and Connie Thompson are each now estopped to assert that any such assets, rights,

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title or interests ever in fact existed at all, and have waived any such claims, assets,

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rights, title or interests; and

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r.

Since at least the filing of their 2015 Bankruptcy, as well as

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since the filing of their 2016 Bankruptcy, and by virtue of such bankruptcy

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proceedings, Lance Thompson and Connie Thompson have not had, do not have,

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Jones, et al. v. Thompson et al.,
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JUDGMENT PURSUANT TO STIPULATION

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and cannot have any right, title or interest whatsoever in the “vamprechaun”

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character,

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“Vamprechaun” project, or any alleged “partnership” or other form of joint

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business entity with any of Plaintiffs.

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the

s.

copyrighted

“Vamprechaun”

script,

any

aspect

of

the

Defendants, and each of them, have had, have, and shall in the

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future have, no rights, title or interests of any kind or nature whatsoever (including

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without limitation any rights of participation or creative involvement in), and no

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entitlement, interests or expectancy in or to any credits, attributions, compensation,

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remuneration or other consideration of any kind or nature whatsoever, arising from

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or relating in any way to the “Vamprechaun” character, script, project or
production.
t.

Defendants, and each of them, have had, have, and shall in the

future have, no rights, title or interests of any kind or nature whatsoever (including
without limitation any rights of participation or creative involvement in), and no
entitlement, interests or expectancy in or to any credits, attributions, compensation,
remuneration or other consideration of any kind or nature whatsoever, arising from
or relating in any way to any other properties, ideas, titles, treatments, scripts,

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projects or productions of any kind or nature whatsoever created or owned in

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whole or in part by either Jones or Saadi (including without limitation the projects

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known as “Space Puppies,” “Dirt Clods,” “Cave Fighters,” “Cupid” and “Clown”);

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provided, however, that the sole exception shall be that the rights (if any) of

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Defendants, or any of them, in the motion picture production entitled “Scorned”

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and in Scorned Productions, LLC, have not been forfeited and are not affected

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hereby; further provided, however, that Jones expressly reserves all rights, title,

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interests and claims that exist or may hereafter exist or arise with respect to the

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motion picture production entitled “Scorned” and in Scorned Productions, LLC.
2.

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Permanent Injunction.

The Parties having so stipulated and agreed,

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the Court on that basis finds, orders, adjudges and decrees, that Defendants, and

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each

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representatives, servants, employees, successors and assigns, and all persons or

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entities acting by, through, under, on behalf of, or in active concert or participation

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with any of them who receive actual XXXXXXXXXX knowledge or notice of this
or constructive

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of

their

respective

officers,

members,

principals,

agents,

Judgment by personal service, facsimile transmission (“fax”), email or otherwise,
whether acting directly or through any corporation, subsidiary, division, or other
device, are hereby permanently enjoined and restrained from:
a.

Representing, asserting, alleging, claiming or stating, or

assisting others who are representing, asserting, alleging, claiming or stating
expressly or by implication, that:
1)

Defendants, or either of them, was ever a “creator,” “co-

creator,” “author” or “co-author” of the “vamprechaun” character, in whole or in
part;
2)

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them,

Defendants, or either of them, has or ever had any right,

title or interest whatsoever in or to the “vamprechaun” character;
3)

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Jones did not solely and exclusively create the idea for a

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fictitious character he termed the “vamprechaun”—part vampire and part

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leprechaun;

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4)

Jones was and is not the sole and exclusive author of his

script entitled “Vamprechaun;”

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Jones, et al. v. Thompson et al.,
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5)

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Jones is not the sole and exclusive owner of exclusive

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rights, under the Copyright Act (17 U.S.C. Sec. 101 et seq.) and other laws of the

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United States and the State of California, in and to that certain literary work

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consisting of the script entitled “Vamprechaun;”

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6)

Jones is not the sole author and copyright claimant with

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respect to the copyright in the script registered with the Register of Copyrights,

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U.S. Copyright Office, as a literary work completed in 2013, issued copyright

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registration number TXu 2019581;

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the authoring of the “Vamprechaun” script;

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8)

Defendants, or either of them has ever had, now has, or

will in the future have, any copyright or other rights, title or interest in or to the
script entitled “Vamprechaun” that was registered by Jones with the Register of
Copyrights, U.S. Copyright Office, or any right, title or interest in or to Jones’
Writers Guild of America West, Inc., registration of said script;
9)

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Defendants, or either of them, had any part whatsoever in

Jones, Saadi and Vamprechaun Productions, or any of

them, ever had, now has, or will in the future have any partnership or other form of

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joint business entity with Defendants, or any of them, arising from or in any way

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relating to the “Vamprechaun” character, or the “Vamprechaun” script, project or

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production;

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10)

There was ever any other agreement of any kind or

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nature, on any terms or conditions, between Jones, Saadi and Vamprechaun

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Productions, or any of them, and Defendants, or any of them, for Defendants, or

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any of them, to be compensated for any time or efforts he expended, or any

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Jones, et al. v. Thompson et al.,
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expenses they, or any of them, may have incurred, in connection with the

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“Vamprechaun” project;
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Defendants, or any of them, ever succeeded in, or

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contributed toward, obtaining financing, in whole or in part, for the

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“Vamprechaun” project;

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12)

Jones, Saadi, and Vamprechaun Productions, or any of

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them, has ever promised, sold, gifted, granted, licensed, transferred or otherwise

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conveyed to Defendants, or any of them, by any means or in any manner

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whatsoever, any right, title or interest in and to either the “Vamprechaun” character

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or Jones’s script entitled “Vamprechaun,” or in and to the copyrights or other
rights of any kind or nature whatsoever therein, or related thereto;
13)

Jones, Saadi, and Vamprechaun Productions, or any of

them, has ever consented to, permitted, authorized or ratified any acts by
Defendants, or any of them, wherein said Defendant(s) asserted any right, title or
interest of any kind or nature whatsoever in or to either the “Vamprechaun”
character or Jones’s script entitled “Vamprechaun,” or with respect to the
“Vamprechaun” project or production.
14)

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Defendants, and each of them, have had, have, and shall

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in the future have, any rights, title, interests or expectancies, of any kind or nature

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whatsoever (including without limitation with respect to participation or creative

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involvement in, or any credits, attributions, compensation, remuneration or other

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consideration, arising from or relating in any way to the “Vamprechaun” character,

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script, project or any productions relating thereto.

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b.

Contacting, or assisting others in contacting, directly or

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JUDGMENT PURSUANT TO STIPULATION

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indirectly, any person or entity whom Defendants, or any of them, have known,

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know or may in the future come to know, or have reason to believe, is a potential

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or actual financier, errors and omission insurer, completion bond provider, or

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distributor of the “Vamprechaun” project or production, and communicating with

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any such persons regarding Jones, Saadi, Vamprechaun Productions or any

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assertions, claims, statements or contentions by Defendants, or any of them, with

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respect to the “Vamprechaun” project or production or any aspect thereof;

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c.

In any other manner whatsoever, by any means whatsoever,

interfering with the completion and exploitation of the “Vamprechaun” project and
production, and any motion picture, television, merchandising, literary, musical,
theatrical, dramatic, comedic, internet, or other products, services or activities
arising therefrom or relating thereto, also including without limitation any sequels,
prequels or other works based on said character, project or production, by
Plaintiffs, or any of them, or their successors or assigns.
3.

Each of the Parties shall bear their own respective attorneys’ fees,

costs of suit and other expenses incurred in, arising from or in any way related to
this action.
4.

This Court shall retain jurisdiction of this matter for purposes of

construction, modification and enforcement of this Judgment.

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March 28, 2017
Dated: __________________

_________________________________
Hon. Michael W. Fitzgerald,
United States District Judge

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Jones, et al. v. Thompson et al.,
2:17-cv-1619-MWF-RAO

JUDGMENT PURSUANT TO STIPULATION