Ticketmaster L.L.C. v. Prestige Entertainment Inc. et al, No. 2:2017cv07232 - Document 101 (C.D. Cal. 2019)

Court Description: FINAL JUDGMENT AND PERMANENT INJUNCTION PER STIPULATION AND SETTLEMENT AGREEMENT against defendants Steven K. Lichtman, Nicholas Lombardi, Prestige Entertainment West, Inc., Renaissance Ventures LLC. Except as adjudicated herein, all claims asserted by Ticketmaster against Defendants as well as all counterclaims asserted by Defendants against Ticketmaster shall hereby be dismissed with prejudice by Judge Otis D. Wright, II. (MD JS-6. Case Terminated) (lc)
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Ticketmaster L.L.C. v. Prestige Entertainment Inc. et al Doc. 101 JS-6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 TICKETMASTER L.L.C., a Virginia limited liability company, Plaintiff and Counter-Defendant, 13 14 15 16 17 18 19 CASE NO. 2:17-cv-07232-ODW (JCx) FINAL JUDGMENT The Honorable Otis D. Wright II v. PRESTIGE ENTERTAINMENT WEST INC., a New York corporation, et al., Defendants and Counter-Plaintiffs. 20 21 22 23 24 25 26 27 28 Dockets.Justia.com 1 WHEREAS, plaintiff Ticketmaster L.L.C. (“Ticketmaster”) and defendants 2 Prestige Entertainment West, Inc., Renaissance Ventures LLC, Nicholas Lombardi, 3 and Steven K. Lichtman (“Defendants”) filed a Stipulated Final Judgment stating 4 that Ticketmaster and Defendants have entered into a settlement agreement that 5 provides, among other things, for the mutual release of claims, entry of a permanent 6 injunction against Defendants in accordance with the terms stated in the Stipulated 7 Final Judgment, and the dismissal of all claims against Defendants and 8 counterclaims against Ticketmaster with prejudice. 9 10 IT IS HEREBY ORDERED AS FOLLOWS: 1. Defendants and all those under their direction or control, including 11 without limitation Defendants’ respective current and future principals, owners, 12 officers, agents, employees, successors, and assignees (collectively, the “Prohibited 13 Parties”), to the maximum extent permitted by law, are permanently enjoined from: 14 a. Creating or using ticket bot technology to search for, reserve, or 15 purchase tickets through any Ticketmaster website or any Ticketmaster mobile 16 application (“Ticketmaster Properties”). For the avoidance of doubt, this provision 17 means that the Prohibited Parties are prohibited from: 18 • using automated ticket purchasing software to search for, 19 reserve, or purchase tickets via Ticketmaster Properties at rates 20 faster than human users can do so using standard or approved 21 consumer web browsing software or mobile applications 22 (including standard or approved consumer software extensions 23 such as password keychains or web form filling software); and 24 • circumventing any security measure, access control system, or 25 other technological control or measure on any Ticketmaster 26 website or mobile application that is used by Ticketmaster to 27 enforce posted event ticket purchasing limits or to maintain the 28 integrity of posted online ticket purchasing order rules; 1 1 b. Violating Ticketmaster’s Terms of Use; and 2 c. Conspiring with anyone else to engage in any of the above 3 activities. 4 2. Except as adjudicated herein, all claims asserted by Ticketmaster 5 against Defendants as well as all counterclaims asserted by Defendants against 6 Ticketmaster shall hereby be dismissed with prejudice. 7 3. Ticketmaster and Defendants shall pay their own legal fees and costs 8 incurred in connection with this action. 9 4. Ticketmaster and Defendants waive any rights to appeal the Stipulated 10 Final Judgment and this permanent injunction. 11 5. This Court shall retain continuing jurisdiction over Ticketmaster and 12 Defendants to enforce the Stipulated Final Judgment. 13 6. The Clerk of Court shall close the case. 14 15 IT IS SO ORDERED. 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 8, 2019 The Honorable Otis D. Wright II United States District Judge