Oracle Corporation et al v. SAP AG et al

Filing 1022

Declaration of Tharan Gregory Lanier in Support of 1021 Response filed by SAP AG, SAP America Inc, Tomorrownow Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Related document(s) 1021 ) (Froyd, Jane) (Filed on 12/23/2010) Modified on 12/27/2010 (kc, COURT STAFF).

Oracle Corporation et al v. SAP AG et al

Doc. 1022 Att. 20

EXHIBIT 20

Dockets.Justia.com

Page 1

1 of 3 DOCUMENTS UMG RECORDINGS, et al., Plaintiffs, v. LOUIS FREDRICKSON, Defendant. 1:08-cv-00589-OWW-SMS UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 2009 U.S. Dist. LEXIS 11926

February 17, 2009, Decided February 18, 2009, Filed PRIOR HISTORY: UMG Recordings v. Fredrickson, 2008 U.S. Dist. LEXIS 100123 (E.D. Cal., Dec. 1, 2008) COUNSEL: [*1] For UMG Recordings, Inc., a Delaware corporation, Warner Bros. Records Inc., a Delaware corporation, Elektra Entertainment Group Inc., a Delaware corporation, Sony BMG Music Entertainment, a Delaware general partnership, Arista Records LLC, a Delaware limited liability company, Plaintiffs: Dawniell Alise Zavala, LEAD ATTORNEY, Holme Roberts & Owen, LLP, San Francisco, CA; Matthew Franklin Jaksa, LEAD ATTORNEY, Holme Roberts and Owen LLP (San Francisco), San Francisco, CA. JUDGES: Oliver W. Wanger, UNITED STATES DISTRICT JUDGE. OPINION BY: Oliver W. Wanger OPINION ORDER RE: FINDINGS AND RECOMMENDATION RE: PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT (DOCS. 15, 23) ORDER DIRECTING THE ENTRY OF JUDGMENT FOR PLAINTIFFS AND AGAINST DEFENDANT Plaintiffs are proceeding with a civil action in this Court. The matter was referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b) and Local Rules 72-302 and 72-303. Pending before the Court is Plaintiffs' motion for default judgment, filed on October 13, 2008, against Defendant Louis Fredrickson. On December 3, 2008, the Magistrate Judge filed findings and a recommendation that Plaintiffs' motion for default judgment against Defendant be granted. The findings and recommendation [*2] were served on Defendant on January 9, 2009, at the address at which Defendant Louis Fredrickson had been served with the summons and complaint. They contained notice that any objections to the findings and recommendations were to be filed within thirty (30) days of the date of service of the order. No party has filed any objections. In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C) and Britt v. Simi Valley United School Dist., 708 F.2d 452, 454 (9th Cir. 1983), this Court has conducted a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the report and recommendation are supported by the record and proper analysis. Accordingly, IT IS HEREBY ORDERED that:

Page 2 2009 U.S. Dist. LEXIS 11926, *2

1) The findings and recommendation filed December 3, 2008, are ADOPTED IN FULL; and 2) The Clerk IS DIRECTED to enter judgment in favor of Plaintiffs UMG RECORDINGS, INC.; WARNER BROS. RECORDS, INC.; ELEKTRA ENTERTAINMENT GROUP INC.; SONY BMG MUSIC ENTERTAINMENT; and ARISTA RECORDS LLC, and against Defendant LOUIS FREDRICKSON, also known as Louis W. Fredrickson, Sr., and Louis J. Fedrickson, Sr., for statutory damages in the amount of $ 6,750.00 and costs in the amount of $ 550.00; [*3] and 3) The Clerk BE DIRECTED to enter judgment in favor of Plaintiffs and against Defendant LOUIS FREDRICKSON, also known as Louis W. Fredrickson, Sr., and Louis J. Fedrickson, Sr., enjoining Defendant from directly or indirectly infringing Plaintiffs' rights in the following copyrighted sound recordings: "Barbie Girl," on album "Aquarium," by artist "Aqua" (SR # 243-903); "Into the Groove," on album "Like a Virgin," by artist "Madonna" (SR # 59-442); "New Kid In Town," on album "Hotel California," by artist "Eagles" (SR # N38950); "Legs," on album "Eliminator," by artist "ZZ Top" (SR # 45-132); "My Friends Over You," on album "Sticks and Stones," by artist "New Found Glory" (SR # 308-874); "Kryptonite," on album "The Better Life," by artist "3 Doors Down" (SR # 277-407); "I'm On Fire," on album "Born In The U.S.A.," by artist "Bruce

Springsteen" (SR # 55-647); "Hold On," on album "The Young and the Hopeless," by artist "Good Charlotte" (SR # 309-099); "I'm With You," on album "Let Go," by artist "Avril Lavigne" (SR # 312-786); and any copyrighted sound recording, whether now in existence or later created, which is owned or controlled by Plaintiffs ("Plaintiffs' recordings"), including [*4] without limitation by using the Internet or any online media distribution system to reproduce (i.e., download) any of Plaintiffs' recordings, to distribute (i.e., upload) any of Plaintiffs' recordings, or to make any of Plaintiffs' recordings available for distribution to the public, except pursuant to a lawful license or with the express authority of Plaintiffs; Defendant also shall destroy all copies of Plaintiffs' recordings that Defendant has downloaded onto any computer hard drive or server without Plaintiffs' authorization and shall destroy all copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control. IT IS SO ORDERED. Dated: February 17, 2009 /s/ Oliver W. Wanger UNITED STATES DISTRICT JUDGE