Almer v. Peanut Corporation of America

Filing 342

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Almer v. Peanut Corporation of America Doc. 342 IN THE UNITED STATES OF DISTRICT COURT FOR THE DISTRICT OF MINNESOTA CAPITOL RECORDS, INC., et al., Plaintiffs, vs. JAMMIE THOMAS-RASSET, Defendant. This matter is before the Court on Plaintiffs' Motion to Amend Judgment ("Plaintiffs' Motion"). Having considered Plaintiffs' Motion and pursuant to Fed. R. Civ. P. 59(e), the Court ORDERS that the June 19, 2009 Judgment (Doc. No. 338) be amended to read as follows: IT IS ORDERED AND ADJUDGED THAT: Judgment is entered in favor of plaintiffs and against defendant as follows: Capitol Records, Inc. - $80,000 for 1 sound recording; Sony BMG Music Entertainment - $80,000 for each of the 6 sound recordings; Arista Records, LLC - $80,000 for each of the 2 sound recordings; Interscope Records - $80,000 for each of the 3 sound recordings; Warner Bros. Records Inc. - $80,000 for each of the 3 sound recordings; UMG Recordings, Inc. - $80,000 for each of the 9 sound recordings. Furthermore, Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law Case No.: 06cv1497-MJD/RLE ORDER GRANTING MOTION TO AMEND JUDGMENT in the Copyrighted Recordings and any sound recording, whether now in existence or later created, that is owned or controlled by Plaintiffs (or any parent, subsidiary, or affiliate record label of Plaintiffs) ("Plaintiffs' Recordings"), including 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. DATED this ____ day of ______________ 2009. ____________________________________ Hon. Michael J. Davis Chief United States District Judge 2

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