LHF Productions, Inc v. Doe 1 et al

Filing 32

STIPUALATED CONSENT JUDGMENT signed by Judge Ricardo S Martinez. (PM)

Honorable Ricardo S. Martinez

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
LHF PRODUCTIONS, INC.,
Plaintiff,

Civil Action No. C17-782 RSM
STIPULATED CONSENT JUDGMENT

v.
MOHAMMED KHAN, an individual,
Defendant/Counterclaimant,
FAISAL RAZA, an individual,
Defendant.
As attested to by the signatures below, this matter comes before the Court on the parties’ joint
stipulation. Plaintiff filed this action against various Doe Defendants in the United States District Court
for the Western District of Washington for copyright infringement, 17 U.S.C. §§ 101, et seq. (Dkt. 10),
resulting from the illegal copying and distribution of Plaintiff’s motion picture entitled London Has
Fallen (“Motion Picture”), registered with the United States Copyright Office, Reg. No. PA 1-982-831.
Defendant Mohammed Khan was subsequently identified and joined in the case as Doe 3,
the subscriber associated with Internet Protocol address 98.246.65.97 on 2017-04-24 14:48:13 UTC.
Defendant Khan denied responsibility and has a counterclaim against Plaintiff for a declaratory judgment
action of noninfringement.

STIPULATED CONSENT JUDGMENT - 1
Civil Action No. 17-cv-782RSM
LHF 17-782.stip-consent jdg.DOCX

Defendant Khan has identified his roommate, Faisal Raza, as the responsible party.
Plaintiff asserts they have a valid and enforceable rights in the original copyrighted work London
Has Fallen, registered with the United States Copyright Office, Reg. No. PA 1-982-831.
The parties, after conferral and investigation, now appear to fully and finally resolve claims
between the parties and the matters before the Court pursuant to a Confidential Settlement
Agreement and move for entry of this Stipulated Consent Judgment to effect the terms of their
settlement.
WHEREFORE IT IS HEREBY STIPULATED AND ORDERED for all matters relevant to this
case between the parties, as follows:
1.

This Court has jurisdiction over the parties and venue is proper.

2.

Defendant Raza stipulates to the below relief, each a material element in settlement

of this action.
3.

On the terms set forth, Plaintiff stipulates to dismissal of its claims against

Defendants Khan and Raza with prejudice, and Counterclaimant Khan stipulates to dismissal of
his claims against Plaintiff with prejudice, with each side bearing its own fees and costs.
4.

Pursuant to 17 U.S.C. §502, Defendant Faisal Raza is permanently enjoined from

directly or indirectly infringing Plaintiff’s rights in London Has Fallen, whether now in existence
or later created, that is owned or controlled by Plaintiff, including without limitation by using the
Internet to reproduce or copy, distribute or otherwise make available for distribution to the public
Plaintiff’s motion pictures, except pursuant to a lawful license or with the express authority of
Plaintiff.
5.

Pursuant to 17 U.S.C. § 503, Defendant Raza is ordered to destroy all copies of

London Has Fallen that Defendant Raza may have downloaded onto any computer hard drive or
server without Plaintiff’s authorization and shall destroy all copies of London Has Fallen, those

STIPULATED CONSENT JUDGMENT - 2
Civil Action No. 17-cv-782RSM
LHF 17-782.stip-consent jdg.DOCX

motion pictures transferred onto any physical medium or device in each Defendant Raza’s
possession, custody, or control.
6.

Defendant Raza shall serve on Plaintiff, within 30 days of service of this order, a

report in writing under oath setting forth in detail the manner and form in which Defendant Raza
has complied with the terms of the ordered relief.
With entry of this Stipulated Consent Judgment this matter is terminated.

SO ORDERED this 27th day of October 2017.

A

RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

SO STIPULATED AND RESPECTFULLY SUBMITTED October 27, 2017.
s/ David A. Lowe, WSBA No. 24,453
[e-mail]
LOWE GRAHAM JONESPLLC
701 Fifth Avenue, Suite 4800
Seattle, WA 98104
T: 206.381.3300
F: 206.381.3301
Attorneys for Plaintiff

STIPULATED CONSENT JUDGMENT - 3
Civil Action No. 17-cv-782RSM
LHF 17-782.stip-consent jdg.DOCX

s/ J. Curtis Edmondson, WSBA No. 43,795
[e-mail]
LAW OFFICES OF J. CURTIS EDMONDSON
3699 NW John Olsen Place
Hillsboro, OR 97124
T: 503.336.3749
Attorneys for Defendant/Counterclaimant
Khan and Defendant Raza