Elf-Man LLC v. Does 1-29

Filing 82

ORDER granting 62 Motion to Continue construed as a Motion for Additional Time to File Answer. Defendant Chrisann Ogden shall file an answer to Plaintiff's First Amended Complaint on or before 12/20/2013. Granting 77 Motion to Dismiss Olga Symonenko. Olga Symonenko and Charles Brown are terminated. Signed by Judge Thomas O. Rice. (RG, Case Administrator)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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ELF-MAN, LLC,
NO: 13-CV-0115-TOR

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Plaintiff,
ORDER

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v.
CHARLES BROWN, et al.,

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Defendants.

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BEFORE THE COURT is Plaintiff’s Limited Notice of Voluntary Dismissal

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as to Defendant Charles Brown (ECF No. 74). Plaintiff filed a notice of voluntary

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dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) on October

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30, 2013, seeking to dismiss its claims against Defendant Charles Brown. Because

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Mr. Brown has neither filed an answer nor moved for summary judgment, Plaintiff

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has an absolute right to voluntarily dismiss its claims against him. Fed. R. Civ. P.

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41(a)(1)(A)(i). Accordingly, all claims and causes of action against Defendant

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Charles Brown are DISMISSED without prejudice and without an award of fees

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or costs to either party. The District Court executive is directed to TERMINATE

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Defendant Charles Brown.

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ALSO BEFORE THE COURT is Defendant Chrisann Ogden’s Motion to

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Continue (ECF No. 62). The Court construes the motion as a request for additional

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time within which to answer Plaintiff’s First Amended Complaint. Plaintiff has

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not objected to such an extension. ECF No. 70. Accordingly, the motion is hereby

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GRANTED. Defendant Chrisann Ogden shall file an answer to Plaintiff’s First

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Amended Complaint on or before December 20, 2013.

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ALSO BEFORE THE COURT is a Stipulation of Dismissal filed by

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Plaintiff and Defendant Olga Symonenko pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii). ECF No. 77. Pursuant to the parties’ stipulation,

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Defendant Olga Symonenko, only, without prejudice to other Defendants’ rights,

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shall be PERMANENTLY ENJOINED from directly, contributorily or indirectly

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infringing Plaintiff’s rights in Plaintiff’s motion picture, including without

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limitation by using the internet to reproduce or copy Plaintiff’s motion picture, to

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distribute Plaintiff’s motion picture, or to make Plaintiff’s motion picture available

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for distribution to the public, except pursuant to lawful written license or with the

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express authority of Plaintiff. Further, Defendant Olga Symonenko is directed to

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destroy all unauthorized copies of Plaintiff’s motion picture in her possession or

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subject to her control. Plaintiff’s claims against Defendant Olga Symonenko are

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hereby DISMISSED with prejudice and without fees or costs to either party. The

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District Court executive is directed to TERMINATE Defendant Olga Symonenko.

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IT IS SO ORDERED.

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The District Court Executive is hereby directed to enter this Order, provide

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copies to counsel, and furnish copies to the remaining Defendants whose addresses

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are presently of record.

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DATED November 21, 2013.

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THOMAS O. RICE
United States District Judge

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ORDER ~ 3