-VBK Summit Entertainment, LLC v. Jane Doe, No. 2:2010cv01510 - Document 76 (C.D. Cal. 2011)
Court Description: FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT HEATHER DEHART 75 by Judge S. James Otero (lc)
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-VBK Summit Entertainment, LLC v. Jane Doe 1 2 3 4 5 6 7 8 Doc. 76 Dennis L. Wilson (Bar No. 155407) dwilson@kmwlaw.com David K. Caplan (Bar No. 181174) dcaplan@kmwlaw.com Tara D. Rose (Bar No. 256079) trose@kmwlaw.com KEATS McFARLAND & WILSON LLP 9720 Wilshire Boulevard Penthouse Suite Beverly Hills, California 90212 Telephone: (310) 248-3830 Facsimile: (310) 860-0363 Attorneys for Plaintiff Summit Entertainment, LLC 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 WESTERN DIVISION 13 14 15 SUMMIT ENTERTAINMENT, LLC, a Delaware limited liability company, Plaintiff, 16 17 18 19 20 21 v. Case No.: CV:10-1510 SJO (VBKx) FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT HEATHER DEHART HEATHER DEHART, an individual, COLLEEN VAUGHAN, an individual, CAROLINE ARVELIN, an individual, and JOHN DOES 2-10, Defendants. 22 23 24 25 26 27 28 CASE NO. CV 10-1510 SJO (VBKx) FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT HEATHER DEHART Dockets.Justia.com 1 Plaintiff Summit Entertainment, LLC (“Plaintiff” or “Summit”), having filed a 2 Third Amended Complaint in this action charging defendant Heather DeHart 3 (“Defendant DeHart”), and other defendants, with Federal Copyright Infringement, 4 and Summit and Defendant DeHart (Summit and Defendant DeHart are hereinafter 5 collectively referred to as the “Parties”) desiring to settle the controversy between the 6 Parties, it is 7 8 9 ORDERED, ADJUDGED AND DECREED as between the Parties hereto that: 1. This Court has jurisdiction over the Parties to this action and over the 10 subject matter hereof pursuant to 17 U.S.C. § 501, 28 U.S.C. § 1331, and § 1338(a). 11 Service was properly made against Defendant DeHart. 12 2. Summit produces and distributes feature films, including the popular 13 “Twilight Saga” films. The feature film “The Twilight Saga: Eclipse” (the “Film”) is 14 the third installment in the “Twilight Saga” franchise. 15 3. Summit owns all images and elements contained in the “Twilight Saga” 16 films, including without limitation the Film, which are entitled to protection under 17 federal copyright law. 18 4. In particular, Summit owns promotional still photographs featuring 19 characters and elements of the Film (the “Photographs”) that were created for Summit 20 as works for hire. Summit intended to strategically release a carefully-selected subset 21 of the Photographs to the public as part of its marketing strategy for the Film prior to 22 its theatrical release. 23 5. At all relevant times, Summit has owned all right, title, and interest in 24 and to the Film and the Photographs, including without limitation the copyrights 25 therein. 26 6. 27 28 Summit complied in all respects with Title 17 of the United States Code, and in compliance with the law obtained a federal copyright registration for the -1- CASE NO. CV 10-1510 SJO (VBKx) FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT HEATHER DEHART 1 Photographs under federal Copyright Registration No. VAu001013359. The 2 copyright is valid, subsisting and in full force and effect. 3 7. Defendant DeHart infringed Summit’s rights in the Film and the 4 Photographs by reproducing and distributing unauthorized copies of a number of the 5 Photographs. Specifically, Defendant DeHart uploaded certain Photographs to the 6 Internet site Twitpic.com for distribution via Internet messaging service Twitter.com, 7 without authorization from Summit. Defendant DeHart began publicly distributing 8 the Photographs through these Internet sites on or about February 14, 2010. 9 8. Defendant DeHart’s reproduction and distribution of copies of the 10 Photographs was without authorization and was without Plaintiff’s consent. 11 Defendant DeHart acted with willful and intentional and/or reckless disregard of 12 Plaintiff’s copyrights and Plaintiff sustained substantial damage as a result thereof. In 13 particular, Defendant DeHart’s unauthorized distribution of the Photographs 14 undermined Summit’s ability to use the Photographs in the most effective manner, 15 thereby irreparably damaging Summit’s efforts to market the Film. 16 9. Defendant DeHart’s conduct violated Summit’s intellectual property 17 rights and Defendant DeHart is liable for the claim of Federal Copyright Infringement 18 asserted in Summit’s Third Amended Complaint in this matter. 19 10. Defendant DeHart and her affiliates, agents, servants, employees, 20 representatives, successors, assigns, and any person, corporation or other entity acting 21 under Defendant DeHart’s direction or control, or in active concert or participation 22 with Defendant DeHart, are immediately and permanently enjoined throughout the 23 world from: 24 a. Using, reproducing, distributing, selling or offering for sale, any 25 reproduction, counterfeit, or copy of the Photographs that were created for the purpose 26 of marketing, advertising and promoting the release and distribution of the Film or 27 28 -2- CASE NO. CV 10-1510 SJO (VBKx) FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT HEATHER DEHART 1 other images, films, motion pictures, or other intellectual property owned by Summit; 2 and 3 b. Effecting assignments or transfers, forming new entities or 4 associations or utilizing any other device for the purpose of circumventing or 5 otherwise avoiding the prohibitions set forth herein; and 6 7 c. limitation the Settlement Agreement between the Parties in this litigation. 8 9 Breaching any agreement with Summit, including without 11. The jurisdiction of this Court is retained for the purpose of making any further orders necessary or proper for the construction or modification of this 10 Judgment and the Settlement Agreement between the Parties, the enforcement of this 11 Judgment and the terms of the Settlement Agreement between the Parties which 12 provides for a confidential settlement payment, and the punishment of any violations 13 thereof. 14 15 12. This Judgment shall be deemed to have been served upon Defendant DeHart at the time of its execution by the Court. 16 13. The Court expressly determines that there is no just reason for delay in 17 entering this Judgment, and pursuant to Rule 54(b) of the Federal Rules of Civil 18 Procedure, the Court directs entry of judgment against Defendant DeHart. 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 -3- CASE NO. CV 10-1510 SJO (VBKx) FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT HEATHER DEHART 1 14. This Judgment is a final judgment, entered against Defendant DeHart 2 pursuant to Federal Rule of Civil Procedure 54(b). This Judgment is not and shall not 3 be deemed to be a judgment as to any of Summit’s claims against any defendants in 4 this litigation other than Defendant DeHart. 5 6 7 The stipulations contained in the Stipulation Regarding Entry of Final Judgment bind only the parties to the stipulation. 2/16/11 8 9 Dated ____________________, 2011 10 ___________________________ Honorable S. James Otero United States District Court Judge 11 12 13 14 15 16 17 18 Presented by: DENNIS L. WILSON DAVID K. CAPLAN TARA D. ROSE KEATS McFARLAND & WILSON LLP 9720 Wilshire Blvd. Penthouse Suite Beverly Hills, CA 90212 (310) 248-3830 19 20 21 22 ____________________________ Dennis L. Wilson Attorneys for Plaintiff Summit Entertainment, LLC 23 24 25 CONSENTS The undersigned hereby consents to the entry of Final Judgment Upon Consent. 26 27 28 Dated ____________________, 2011 ___________________________ Heather DeHart -4- CASE NO. CV 10-1510 SJO (VBKx) FINAL JUDGMENT UPON CONSENT AS TO DEFENDANT HEATHER DEHART
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