Arista Records LLC et al v. John Doe, No. 2:2008cv05484 - Document 18 (C.D. Cal. 2009)
Court Description: JUDGMENT AND PERMENENT INJUNCTION by Judge Philip S. Gutierrez: Defendant shall pay to Plaintiffs in settlement of this action the total sum of $10,280.00. Defendant shall pay Plaintiffs' costs of suit (complaint filing fee and service of process fee) in the amount of $420.00). Defendant shall be and hereby is enjoiend from directly or indirectly infringing. The Court shall maintain continuing jurisdiction over this action for the purpose of enforcing this final Judgment and Permanent Injunction (See document for further details)(MD JS-6. Case Terminated) (ir)
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Arista Records LLC et al v. John Doe 1 2 3 4 5 6 7 8 9 Doc. 18 Dawniell Zavala (State Bar No. 253130) E-mail: dawniell.zavala@hro.com Jonathan G. Fetterly (State Bar No. 228612) E-mail: jon.fetterly@hro.com HOLME ROBERTS & OWEN LLP 800 W. Olympic Boulevard, 4th Floor Los Angeles, CA 90015 Telephone: (415) 268-2000 Telephone: (213) 572-4300 Facsimile: (415) 268-1999 Facsimile: (213) 572-4400 E-FILED 02/25/09 JS-6 Attorneys for Plaintiffs ARISTA RECORDS LLC; UMG RECORDINGS, INC.; and MOTOWN RECORD COMPANY, L.P. 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 WESTERN DIVISION 14 15 16 17 18 ARISTA RECORDS LLC, a Delaware limited liability company; UMG RECORDINGS, INC., a Delaware corporation; and MOTOWN RECORD COMPANY, L.P., a California limited partnership, [PROPOSED] JUDGMENT AND PERMANENT INJUNCTION vs. 20 22 Hon. Philip S. Gutierrez Plaintiffs, 19 21 Case No.: 2:08-cv-05484-PSG-SS Jeremy Joseph Vazquez, Defendant. 23 24 25 26 27 28 #13588 v1 lax Dockets.Justia.com 1 2 The Court, having considered the Stipulation to Judgment and Permanent Injunction executed by the parties, 3 IT IS ORDERED AND ADJUDGED THAT: 4 1. 5 6 7 8 9 Defendant shall pay to Plaintiffs in settlement of this action the total sum of $10,280.00. 2. Defendant shall pay Plaintiffs' costs of suit (complaint filing fee and service of process fee) in the amount of $420.00. 3. Defendant shall be and hereby is enjoined from directly or indirectly infringing Plaintiffs' rights under federal or state law in any sound recording, 10 whether now in existence or later created, that is owned or controlled by Plaintiffs 11 (or any parent, subsidiary, or affiliate record label of Plaintiffs) ("Plaintiffs' 12 Recordings"), including without limitation by: a. using the Internet or any online media distribution system to 13 reproduce (i.e., download) any of Plaintiffs' Recordings, to distribute 14 (i.e., upload) any of Plaintiffs' Recordings, or to make any of 15 Plaintiffs' Recordings available for distribution to the public, except 16 pursuant to a lawful license or with the express authority of Plaintiffs; 17 or 18 b. causing, authorizing, permitting, or facilitating any third party to 19 access the Internet or any online media distribution system through 20 the use of an Internet connection and/or computer equipment owned 21 or controlled by Defendant, to reproduce (i.e., download) any of 22 Plaintiffs' Recordings, to distribute (i.e., upload) any of Plaintiffs' 23 Recordings, or to make any of Plaintiffs' Recordings available for 24 distribution to the public, except pursuant to a lawful license or with 25 the express authority of Plaintiffs. 26 Defendant also shall destroy all copies of Plaintiffs' Recordings that Defendant 27 and/or any third party that has used the Internet connection and/or computer 28 2 #13588 V1 LAX 1 equipment owned or controlled by Defendant has downloaded without Plaintiffs' 2 authorization onto any computer hard drive or server owned or controlled by 3 Defendant, and shall destroy all copies of those downloaded recordings transferred 4 onto any physical medium or device in Defendant's possession, custody, or control. 5 6 7 8 9 10 11 12 4. Defendant irrevocably and fully waives notice of entry of the Judgment and Permanent Injunction, and understands and agrees that violation of the Judgment and Permanent Injunction will expose Defendant to all penalties provided by law, including for contempt of Court. 5. Defendant irrevocably and fully waives any and all right to appeal this Judgment and Permanent Injunction, to have it vacated or set aside, to seek or obtain a new trial thereon, or otherwise to attack in any way, directly or collaterally, its validity or enforceability. 6. Nothing contained in the Judgment and Permanent Injunction shall 13 limit the right of Plaintiffs to recover damages for any and all infringements by 14 Defendant of any right under federal copyright law or state law occurring after the 15 date Defendant executes the Stipulation to Judgment and Permanent Injunction. 16 17 7. The Court shall maintain continuing jurisdiction over this action for the purpose of enforcing this final Judgment and Permanent Injunction. 18 19 DATED: _02-24-09____________ By: PHILIP S. GUTIERREZ Hon. Philip S. Gutierrez United States District Judge 20 21 22 23 24 25 26 27 28 3 #13588 v1 lax
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