Eden et al v. Ramirez

Filing 48

ORDER: Granting Motion for Consent Judgment 47 . Please access entire text by document number hyperlink. Signed on 02/15/2018 by Magistrate Judge Mark D. Clarke. (rsm)

Peter E. Heuser, OSB #811281
Email: [e-mail]
Scott D. Eads, OSB #910400
Email: [e-mail]
SCHWABE, WILLIAMSON & WYATT, P.C.
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: [phone]
Facsimile: 503.796.2900
OfAttorneys for Plaintiffs

Guy Keating, OSB #074367
Email: [e-mail]
SCHULTE, ANDERSON, DOWNES,
ARONSON & BITTNER, P.C.
811 S.W. Naito Parkway, Suite 500
Portland, OR 97204-3379
Tdt!phunt!: 503.223.4131
Facsimile: 503.223.1346
OfAttorneys for Defendants
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DONNA EDEN, DAVID FEINSTEIN,
and INNERSOURCE UNLIMITED,
LTD.,

No. l:l 7-cv-00321-CL

Plaintiffs,

CONSENT JUDGMENT
vs.

SHARI RAMIREZ and HEALING
HANDS ENERGY RETREAT LLC,
Defendants.

Page 1 -

CONSENT JUDGMENT

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1211SW5th Ave., Suite 1900
Portland, OR 97204

T
el'lf'.~~'51i35~~2~0~81

WHEREAS, Plaintiffs Donna Eden, David Feinstein, and Innersource Unlimited, Ltd.
(collectively "Innersource") filed an original Complaint in this cause on February 28, 2017 (Dkt.
No. 1) against Defendants Shari Ramirez and Healing Hands Energy Retreat LLC (collectively
"Ramirez"). The original Complaint has been amended twice and contains claims for damages
and injunctive relief relating to infringement of copyrights, trademarks and breach of contract
based upon Ramirez's publishing two condensed versions oflnnersource works entitled Energy
Medicine; Energy Medicine: Balancing Your Body's Energies for Optimal Health, Joy, and
Vitality; Energy Medicine for Women; and various handouts, protocols and other materials used
to teach Innersource techniques, protocols and concepts (collectively "The Innersource Works").
Ramirez's condensed works are entitled Energy Medicine Techniques, Volume 1 and Energy
Medicine Techniques, Volume 2 ("EMTl" and "EMT2," respectively).
WHEREAS, Plaintiffs and Defendants (collectively the "Consent Judgment Parties")
have agreed to resolve their claims without the need for further litigation; and
WHEREAS, each of the Consent Judgment Parties, by their respective attorneys, consent
to entry of this Consent Judgment without trial or adjudication of any issue of fact or law and to
waive any appeal ifthe Consent Judgment is entered as submitted by the parties.
NOW THEREFORE, without trial or adjudication of issues of fact or law, and upon
consent of each Consent Judgment Party, the Court finds that there is good and sufficient cause
to enter this Consent Judgment, and that it is therefore ORDERED, ADJUDGED, AND
DECREED:
l.

This Court has jurisdiction over the Parties and the subject matter of this action.

The Court retains such jurisdiction in order to enforce this Consent Judgment.
2.

The following U.S. Copyright Registrations, identified in the Second Amended

Complaint are owned by Plaintiffs and are enforceable and valid: U.S. Copyright Registration
Nos. TX 4-944-958; TX 7-301-307; TX 8-316-801, TX 8-316-810, TX 8-316-820, TX 8-317-

Page 2 -

CONSENT JUDGMENT

SCHWABE, WILLIAMSON & WYATI, P.C.
Attorneys at Law
1211SW5th Ave., Suite1900
Portland, OR 97204
Telephone: [phone]
Fax: [phone]

025, TX 8-316-805, TX 8-316-824, TX 8-316-813, TX 8-316-815, TX 8-316-825, TX 8-316831, and TX 8-316-843.
3.

U.S. Copyright Registration No. TX 7-301-307 covers Energy Medicine:

Balancing Your Bodies Energies for Optimal Health, Joy, and Vitality. Defendants' work
entitled Energy Medicine Techniques, Volume 1 infringes U.S. Copyright Registration No. TX
7-301-307 in Energy Medicine: Balancing Your Bodies Energies for Optimal Health, Joy, and
Vitality.
4.

Defendants are hereby enjoined from copying, distributing or creating derivative

works of Energy Medicine Techniques, Volume 1 and Energy Medicine Techniques, Volume 2.
Defendants and either of them are further hereby enjoined from copying, distributing or creating
derivative works of The Innersource Works or any of them, or from otherwise infringing the U.S.
Copyright Registrations identified in paragraph 2 herein.
5.

The rulings of the Court in this Consent Judgment are to be considered binding in

any future proceedings between the Consent Judgment Parties, and constitute both claim
preclusion and issue preclusion.
6.

Any dispute which arises under or with respect to this Consent Judgment shall in

the first instance be the subject of informal negotiations between the parties to the dispute. The
period for informal negotiations shall not exceed fourteen (14) days from the time the dispute
arises, unless it is modified by written agreement of the parties to the dispute. The dispute shall
be considered to have arisen when one party sends the other parties a written Notice of Dispute.
7.

If a dispute cannot be resolved through informal negotiations between the parties

within fourteen (14) days from the time the dispute arises, then the disputing party shall have an
additional fourteen (14) days to file an appropriate motion with the Court for ruling with respect
to the dispute. In any such dispute, the party that substantially prevails in the dispute shall be
entitled to costs and attorneys' fees incurred in connection with the dispute, running from the
date of filing the Notice of Dispute.
Page 3 -

CONSENT JUDGMENT

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1211 SW5thAve.,Suite1900
Portland, OR 97204
Telephone: [phone]
Fax: [phone]

8.

As of the Effective Date of this Consent Judgment, all claims asserted in this case

by Innersource against Ramirez, and any claims made by Ramirez against Innersource, are
hereby dismissed with prejudice without costs or fees to any party.
9.

This Court retains jurisdiction for the duration of this Consent Judgment to

enforce its terms. The Parties may jointly seek to modify the terms of this Consent Judgment,
subject to the approval of this Court. This Consent Judgment may be modified only by order of
this Court.
10.

All written communications to each party to this Consent Judgment shall be sent

to the following respective designated representative(s) for each Consent Judgment Party.

As to Donna Eden, David Feinstein and Innersource Unlimited, Ltd.:
Peter E. Heuser
Schwabe, Williamson & Wyatt, P.C.
1211 SW Fifth Avenue, Suite 1900
Portland, OR 97204
[e-mail]
and
Scott D. Eads
Schwabe, Williamson & Wyatt, P.C.
1211 SW Fifth Avenue, Suite 1900
Portland, OR 97204
[e-mail]

As to Shari Ramirez and Healing Hands Energy Retreat, LLC
Guy Keating
Schulte, Anderson, Downes, Aronson & Bittner, P.C.
811 S.W. Naito Parkway, Suite 500
Portland, OR 97204-3379
[e-mail]

Page 4 -

CONSENT JUDGMENT

SCHWABE, WILLIAMSON & WYATI, P.C.
Attorneys at Law
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone; 503.222.9981
Fax; 503.796.2900

11.

Any party to this Consent Judgment that changes its designated notice recipient(s)

shall notify all other parties to this Consent Judgment in writing and file the appropriate pleading
with the Court.

Dated:

feProtU'j

IS

'2018

SCHWABE, WILLIAMSON
& WYATT C.

SCHULTE, ANDERSON, DOWNES,
ARONS
BITTNER, P.C.

By:

By:
Pe er E. Heuser, OSB #811281
Scott D. Eads, OSB #910400
Telephone: [phone]
Facsimile: 503.796.2900

OfAttorneys for Plaintiffs Donna Eden,
David Feinstein, and lnnersource Unlimited,

Guy ea ·ng
[e-mail]
Telephone: [phone]
Facsimile: 503.223.1346

Of Attorneys for Defendants Shari Ramirez
and Healing Hands Energy Retreat LLC

Ltd.

IT IS SO ORDERED this

United States Magistrate Judge

Page 5 -

CONSENT JUDGMENT

SCHWABE, WILLIAMSON & WYATT, P.C.
Attorneys at Law
1211 SW 5th Ave., Suite 1900
Portland, OR 97204
Telephone: [phone]
Fax: [phone]