Twentieth Century Fox Film Corporation v. Davis Chung et al, No. 2:2010cv00820 - Document 10 (C.D. Cal. 2011)
Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION for Plaintiff Twentieth Century Fox Film Corporation and against Defendant Davis Chung on Plaintiffs Complaint for Defendants infringement, the sum $150,000.00. (MD JS-6. Case Terminated) (lc)
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Twentieth Century Fox Film Corporation v. Davis Chung et al 1 2 3 4 5 6 7 8 9 10 Doc. 10 J. Andrew Coombs (SBN 123881) andy@coombspc.com Nicole L. Drey (SBN 250235) nicole@coombspc.com J. Andrew Coombs, A P. C. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: (818) 500-3200 Facsimile: (818) 500-3201 JS-6 Attorneys for Plaintiff Twentieth Century Fox Film Corporation Davis Chung 6749 North Artesian Avenue #1B Chicago, IL 60645 Defendant, in pro se 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 14 15 16 17 18 19 ) Twentieth Century Fox Film Corporation, ) Case No. CV10-00820 SJO (MANx) ) ) Plaintiffs, ) FINAL JUDGMENT AND ) PERMANENT INJUNCTION v. ) ) Davis Chung, and Does 1 through 10, ) inclusive, ) ) Defendants. ) 20 The Court, having read and considered the Joint Stipulation for Entry of 21 22 23 24 25 [Proposed] Final Judgment and Permanent Injunction that has been executed on behalf of Plaintiff Twentieth Century Fox Film Corporation (“Plaintiff”), on the one hand, and Defendant Davis Chung (“Defendant”), on the other hand, and good cause appearing therefore, hereby: 26 27 /// 28 Fox v. Chung: [Proposed] Final Judgment -1- Dockets.Justia.com 1 IT IS HEREBY ORDERED, ADJUDGED AND DECREED: 2 1. This Court has jurisdiction over the parties to this action and over the 3 subject matter hereof pursuant to 17 U.S.C. § 101 et seq., and 28 U.S.C. §§ 1331 and 4 1338. Service of process was properly made against Defendant. 5 2. Plaintiff owns or controls the copyright or pertinent exclusive right to 6 distribute or license the distribution of home video and digital products, including 7 home cassettes (VHS) as well as optical discs, including, but not limited to, video 8 compact discs (VCDs), digital versatile discs (DVDs) and Blu-ray discs (collectively 9 “Media Products”) incorporating the motion picture or television titles subject to the 10 copyright registrations listed in Exhibit “A” attached hereto and incorporated herein 11 by this reference (collectively referred to herein as “Plaintiff’s Works”). 12 13 14 3. Plaintiff has alleged that Defendant has made unauthorized uses of Plaintiff’s Works or substantially similar likenesses or colorable imitations thereof. 4. Plaintiff is entitled to, and shall recover from Defendant on Plaintiff’s 15 Complaint for Defendant’s infringement, the sum of One Hundred Fifty Thousand 16 Dollars ($150,000.00). 17 5. This Final Judgment and Permanent Injunction may not be discharged 18 via any foreign or domestic bankruptcy law. Defendants’ copyright and trademark 19 infringement constituted willful and malicious injury to Plaintiffs as contemplated by 20 11 U.S.C. § 523(a)(6). 21 6. Defendant and his agents, servants, employees, representatives, 22 successors and assigns, and all persons, firms, corporations or other entities in active 23 concert or participation with him who receive actual notice of the Injunction are 24 hereby restrained and permanently enjoined from infringing – directly, contributorily 25 or vicariously – or enabling, facilitating, permitting, assisting, soliciting, 26 encouraging, inducing, authorizing, aiding or abetting, materially contributing to, or 27 persuading anyone to infringe in any manner Plaintiff’s Works, including, but not 28 limited to, the following: Fox v. Chung: [Proposed] Final Judgment -2- 1 a. Copying, reproducing, downloading, distributing, uploading, linking to, 2 transmitting, or publicly performing, or using trademarks, trade names 3 or logos in connection with unauthorized Media Products containing 4 any of Plaintiff’s Works; 5 b. Enabling, facilitating, permitting, assisting, soliciting, encouraging, 6 abetting, or inducing any person or entity to copy, reproduce, download, 7 distribute, upload, link to, transmit, or publicly perform any of 8 Plaintiff’s Works; or 9 c. Profiting from the unauthorized copying, reproduction, downloading, 10 distribution, uploading, linking to, transmission, or public performance 11 of any of Plaintiff’s Works while declining to exercise a right to stop or 12 limit such unauthorized copying, reproduction, downloading, 13 distribution, uploading, linking to, transmission, or public performance 14 of any of Plaintiff’s Works. 15 7. In the event of Defendant’s default or failure to perform under the 16 terms, conditions, or obligations required on his part to be performed pursuant to the 17 terms of the Settlement Agreement, Plaintiff is entitled to, and shall recover from 18 Defendant, its actual attorneys’ fees, costs and expenses incurred after the date 19 hereof relative to or in connection with enforcing, executing on, collecting on or 20 confirming this Judgment according to proof. The Court hereby retains jurisdiction 21 to award such attorneys’ fees, costs and expenses upon motion or application by 22 Plaintiff or its counsel. 23 8. The Court shall retain jurisdiction of this action to entertain such further 24 proceedings and to enter such further orders as may be necessary or appropriate to 25 implement and enforce the provisions of this Final Judgment and Permanent 26 Injunction. 27 28 9. This Injunction shall be deemed to have been served upon Defendant at the time of its execution by the Court. Fox v. Chung: [Proposed] Final Judgment -3- 1 10. The Court finds there is no just reason for delay in entering this Final 2 Judgment and Permanent Injunction and, pursuant to Rule 54(a) of the Federal Rules 3 of Civil Procedure, the Court directs immediate entry of this Final Judgment and 4 Injunction against Defendant. 5 6 11. Except as provided herein, all claims alleged in the Complaint are dismissed with prejudice. 7 THE CLERK IS DIRECTED TO ENTER THIS JUDGMENT FORTHWITH. 8 IT IS SO ORDERED this 3rd day of February, 2011. 9 DATED: 2/3/11 10 ______________________________ Hon. S. James Otero Judge, United States District Court for the Central District of California 11 12 13 PRESENTED BY: 14 J. Andrew Coombs, A Prof. Corp. 15 16 17 18 19 By: ____________________________ J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff Twentieth Century Fox Film Corporation Davis Chung 20 21 22 By: ____________________________ Davis Chung Defendant, in pro se 23 24 25 26 27 28 Fox v. Chung: [Proposed] Final Judgment -4- EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Titles 500 Days of Summer Adam Aliens in the Attic All About Steve Alvin and the Chipmunks 2 Australia Avatar Better Off Ted (TV Series) Bones (TV Series) Dollhouse (TV Series) Earth Stood Still I Love You Beth Cooper Ice Age 3 : Dawn of the Dinosaurs Jennifer's Body Marley and Me My Life in Ruins Night at the Museum 2 Post Grad Rebound Slumdog Millionaire Sons of Anarchy (TV Series) Street Fighter Legend of Chun Li Taken X-Men Origins: Wolverine 21 22 23 24 25 26 27 28 Fox v. Chung: [Proposed] Final Judgment -5- Copyright Registration No. PA0001635709 PA0001636677 PA0001636719 PA0001641362 PA0001590098 PA0001611264 PA0001653536 compilation compilation compilation PA0001599510 PA0001634880 PA0001632003 PA0001643117 PA0001613603 PA0001630377 PA0001627568 PA0001641363 PA0001610737 PA0001610603 compilation PA0001619422 PA0001616594 PA0001624736
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