Tecnologias Avanzadas RD, SRL v. Martinez

Filing 17

ORDER by Magistrate Judge Maria-Elena James granting 16 Stipulation For Permanent Injunction. (rmm2S, COURT STAFF) (Filed on 10/19/2016)

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1 2 3 4 5 6 OWEN, WICKERSHAM & ERICKSON, P.C. LAWRENCE G. TOWNSEND CBN 88184 EMILY K. POOLE CBN 301857 455 Market Street, Suite 1910 San Francisco, California 94105 Telephone: 415.882.3200 Facsimile: 415.882.3232 Email: ltownsend@owe.com Email: epoole@owe.com Attorneys for Plaintiff Tecnologias Avanzadas RD, SRL 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 TECNOLOGIAS AVANZADAS RD, SRL, a Dominican Republic Limited Liability Company, 13 14 15 Case No. 3:16 cv 01811 MEJ STIPULATED ORDER FOR PERMANENT INJUNCTION Plaintiff, vs. JOAN MARTINEZ, an individual; and DOES 1 through 50, 16 Defendant. 17 18 It is hereby stipulated by and between counsel for Plaintiff TECNOLOGIAS 19 AVANZADAS RD, SRL, and Defendant JOAN MARTINEZ, that a permanent injunction shall 20 be entered against Defendant JOAN MARTINEZ based on the following: 21 A. This Action was filed on April 4, 2016, and a First Amended Complaint was filed 22 on May 9, 2016. 23 B. Defendant Joan Martinez was served with the First Amended Complaint on or 24 about June 15, 2016. 25 C. The parties have entered into a “Confidential Settlement Agreement,” resolving 26 the dispute described in the First Amended Complaint and, concurrently with said Agreement, 27 desire to enter into this Stipulated Order for Permanent Injunction. 28 Stipulated Order For Permanent Injunction Case No. 3:16 cv 01811 MEJ 1 D. 1 By his signature below, Defendant Joan Martinez voluntarily consents, in 2 accordance with the provisions of 28 U.S.C. § 636(c), to have the assigned United States 3 magistrate judge conduct any and all proceedings in this case, including entering the Order of 4 Permanent Injunction. NOW, THEREFORE, the Parties stipulate to the Order of Permanent Injunction set forth 5 6 below. OWEN, WICKERSHAM & ERICKSON, P.C. 7 8 9 Date: October 18, 2016 By: /s/ Lawrence G. Townsend Lawrence G. Townsend Emily K. Poole Attorneys for Plaintiff Tecnologias Avanzadas RD, SRL Date: October 12, 2016 /s/ Joan Martinez Joan Martinez, Defendant 10 11 12 13 14 15 16 17 ORDER OF PERMANENT INJUNCTION 18 19 1. Upon agreement of the parties as set forth above, IT IS HEREBY ORDERED that 20 Defendant Joan Martinez, his officers, agents, servants, employees, and all persons in active 21 concert or participation with him, are hereby enjoined from reproducing, displaying or 22 performing, in whole or in part—whether on YouTube, Defendant’s website or elsewhere— the 23 videos “Entrevista con Diomary” and “Entrevista a Francisca Lachapel” whose copyright is 24 owned by Plaintiff and which are the subject of the copyright infringement claim in the First 25 Amended Complaint on file herein. 26 /// 27 /// 28 /// Stipulated Order For Permanent Injunction . Case No. 3:16 cv 01811 MEJ 2 1 2. Except for such matters which are the subject of and are merged into this Order of 2 Permanent Injunction, Plaintiff’s First Amended Complaint shall be and hereby is dismissed with 3 prejudice. 4 5 Date: _____ 19, 2016 October _________________________________ Maria-Elena James U.S. Magistrate Judge 6 7 S:\1Clients\TECNO\70001\Stipulated Order-Permanent Injunction.doc 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulated Order For Permanent Injunction . Case No. 3:16 cv 01811 MEJ 3

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