Incentive Capital v. Camelot Entertainment Group et al

Filing 19

MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by Plaintiff Incentive Capital. (Attachments: # 1 Text of Proposed Order)(Pia, Joseph)

Joseph G. Pia (9945)
Nathan S. Dorius (8977)
PIA ANDERSON DORIUS REYNARD & MOSS
222 South Main Street, Suite 1830
Salt Lake City, Utah 84101
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
[e-mail]
Attorneys for Plaintiff
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION
INCENTIVE CAPITAL, LLC, a Utah Limited
Liability Company,
Plaintiff,
v.
CAMELOT ENTERTAINMENT GROUP,
INC., a Delaware Corporation; CAMELOT
FILM GROUP, INC., a Nevada Corporation;
CAMELOT DISTRIBUTION GROUP, INC.,
a Nevada Corporation, ROBERT P. ATWELL,
an individual; JAMIE R. THOMPSON, an
individual; STEVEN ISTOCK, an individual;
TED BAER, an individual; PETER
JAROWEY, an individual,

[PROPOSED] ORDER GRANTING
PLAINTIFF’S EX PARTE MOTION FOR
TEMPORARY RESTRAINING ORDER
AND MOTION FOR PRELIMINARY
INJUNCTION
Civil No. 2:11-cv-00288
Judge Paul Warner
(Oral Argument Requested)

Defendants.

This matter came before the Court on Plaintiff’s Motion for Temporary Restraining Order

and Injunction in which Plaintiff seeks to enjoin Defendants from continuing to hold themselves
out as the owner of the Liberation Library, a library of approximately 880 film titles, including

an additional 13 titles set forth in that certain Transfer Statement transferring all such right, title,
and interest to Plaintiff Incentive Capital, LLC. Having reviewed Plaintiff’s motion, having
considered the arguments by counsel, and otherwise being fully advised, the Court
HEREBY ORDERS, ADJUDGES AND DECREES AS FOLLOWS:
1.

Plaintiff’s motion for a temporary restraining order is GRANTED until such time

as there is a hearing and further argument on Plaintiff’s motion for a preliminary injunction, as
follows:
a.

Defendants shall be prohibited from holding themselves out as the owner
of the Liberation Library.

b.

Defendants

shall

cease

from

further

interfering

with

the

commercialization, distribution and exploitation of the Liberation Library.
c.

Defendants shall cease from distributing the Liberation Library or any
interests therein, and from collecting or retaining any proceeds or
payments received by Defendants under any such distribution or licensing
agreements.

d.

Defendants shall cease from diverting and/or converting revenues received
from Defendants’ wrongful distribution and exploitation of the Liberation
Library and any interests therein, and Defendants shall be enjoined from
withholding any such payments and revenues from Plaintiff.

e.

Defendants shall cease from preventing Plaintiff from receiving all
revenues generated from Defendants’ past, current and potential

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distribution and exploitation of the Liberation Library and any interests
therein.
f.

Defendants shall be enjoined from withholding from Plaintiff the current
physical location of the Liberation Library and all assets included therein
and parts thereof, including DVDs, audio/visual recordings, masters and
the like, and the name and contact information of any bailee or other third
party in custody of said assets.

g.

Defendants shall cease preventing Plaintiff’s access to all tangible and
electronic documentation and information relating to past, current and
potential distribution and exploitation of the Liberation Library, including
distribution and/or licensing contracts pertaining to said assets.

h.

Defendants shall cease from contacting any individual or entity, including
buyers, purchasers, or distributors, with whom Defendants may have
entered into any form of distribution or licensing agreement or contract
which is or may be based on Defendants’ wrongful ownership claim to the
Liberation Library, or with whom Defendants may have begun such
negotiations.

i.

Defendants shall cease all legal action against any individual or entity
which is or may be based on Defendants’ wrongful ownership claim to the
Liberation Library.

j.

Defendants, directly and through their agents, shall cease from contacting
any individual or entity against whom Defendants have instituted any
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infringement suit which is or may be based on Defendants’ wrongful
ownership claim to the Liberation Library.
k.

Defendants shall cease from taking loans or other financing collateralized
against the Liberation Library, or any of the assets therein, or otherwise
encumbering the Liberation Library, and Defendants shall immediately
disclose any loans or other financing that they have obtained that actually
or potentially create such encumbrances.

l.

Defendants shall cease from issuing or facilitating the issuance of any
negative statements or other damaging information about Plaintiff, its
managers, members, affiliates and the like.

m.

Plaintiff shall have the unfettered right to commercialize, distribute and
exploit the Liberation Library in all media world-wide.

DATED this ____ day of April, 2011.
BY THE COURT:

_____________________________
The Honorable Paul Warner
United States District Court for the
District of Utah

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