Columbia Pictures Industries Inc v. Bunnell Doc.

346

1 JENNER & BLOCK LLP

STEVEN B. FABRIZIO (pro hac vice)
2
sfabrizio@jenner.com
3 KATHERINE A. FALLOW (pro hac vice)
kfallow@jenner.com
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DUANE C. POZZA (State Bar No. 225933)
5 dpozza@jenner.com
601 Thirteenth Street, N.W.
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Suite 1200 South
7 Washington, DC 20005 NOTE: CHANGES MADE BY THE COURT
Telephone: 202-639-6000
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Facsimile: 202-639-6066
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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COLUMBIA PICTURES )
14 INDUSTRIES, INC., DISNEY ) Case No. 2:06-cv-01093-FMC-JCx
15 ENTERPRISES, INC., PARAMOUNT)
PICTURES CORPORATION, ) [PROPOSED] TEMPORARY
16 TRISTAR PICTURES, INC., ) RESTRAINING ORDER AND
17 TWENTIETH CENTURY FOX FILM ) ORDER TO SHOW CAUSE RE
CORPORATION, WARNER BROS. ) PRELIMINARY INJUNCTION TO
18 ENTERTAINMENT INC., ) PRESERVE ASSETS
19 UNIVERSAL CITY STUDIOS LLLP,)
and UNIVERSAL CITY STUDIOS )
20 PRODUCTIONS LLLP, )
21 Plaintiffs, )
v. )
22 )
23 JUSTIN BUNNELL, FORREST )
PARKER, WES PARKER, VALENCE )
24 MEDIA, LLC, and DOES 1-10, )
25 Defendants. )
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28

[PROPOSED] ORDER RE PLS.’ EX PARTE

APP. FOR TRO AND OSC RE
PRELIMINARY INJUNCTION TO
PRESERVE ASSETS
Dockets.Justia.com
 1 Plaintiffs’ Ex Parte Application for Temporary Restraining Order and Order
2 to Show Cause Re Preliminary Injunction to Preserve Assets, having come before
3 the Court, the Court has considered the Application and the accompanying
4 Memorandum of Points and Authorities, Declaration of Steven B. Fabrizio dated
5 April 4, 2008, and exhibits thereto. Based on the pleadings before it, and all matters
6 of record in this action, and having found that this is a proper case for granting a
7 temporary restraining order and an order to show cause why a preliminary injuction
8 should not issue, and that plaintiffs will suffer irreparable harm unless the requested
9 temporary restraining order is granted:
10 IT IS HEREBY ORDERED that the Application is granted, and defendants,
11 and any of their officers, agents, servants, employees, or persons in active concert or
12 participation with any of them, are hereby restrained and enjoined from selling,
13 transferring or otherwise disposing of the torrentspy.com domain, or the technology
14 that comprises the TorrentSpy website, either by acting individually or through any
15 corporation or other entity that they own, control or operate, until such time as the
16 Court has considered and ruled on plaintiffs’ proposed final injunctive relief. the
17 hearing date of April 17, 2008.
18 IT IS HEREBY FURTHER ORDERED that defendants show cause at 9:00
19 a.m. on April 17, 2008, or as soon thereafter as counsel may be heard in the
20 courtroom of the Honorable Florence-Marie Cooper, Los Angeles, California, why
21 defendants, and any of their officers, agents, servants, employees, or persons in
22 active concert or participation with any of them, should not be preliminarily
23 enjoined from selling, transferring or otherwise disposing of the torrentspy.com
24 domain, or the technology that comprises the TorrentSpy website, either by acting
25 individually or through any corporation or other entity that they own, control or
26 operate, until such time as the Court has considered and ruled on plaintiffs’
27 proposed final injunctive relief.
28

[PROPOSED] ORDER RE PLS.’ EX PARTE

APP. FOR TRO AND OSC RE
PRELIMINARY INJUNCTION TO
PRESERVE ASSETS
 1 A copy of this Temporary Restraining Order and Order to Show Cause Re
2 Preliminary Injunction to Preserve Assets, together with all accompanying legal
3 memoranda, declarations, and exhibits, shall be served upon defendants on or before
4 April 7, 2008. Defendants’ opposition papers shall be filed and served by email on
5 plaintiffs’ counsel on or before April 11, 2008. Plaintiffs’reply papers shall be filed
6 and served by email on or before April 15, 2008.
7 Plaintiff shall not be required to post upon the issuance bond prior to the
8 effectiveness of this Temporary Restraining Order and Order to Show Cause Re:
9 Preliminary Injunction to Preserve Assets, in the amount of $100,000.
10
11 IT IS SO ORDERED.
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13 Dated: April 4, 2008
14 _______________________________
15 HON. FLORENCE-MARIE COOPER
U.S. DISTRICT COURT JUDGE
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28

[PROPOSED] ORDER RE PLS.’ EX PARTE

APP. FOR TRO AND OSC RE
PRELIMINARY INJUNCTION TO
2 PRESERVE ASSETS