Case 2:12-cv-07525-GW-JC Document 36-5

Filed 09/24/12 Page 1 of 4 Page ID #:978

1

2 3
4 5 6

7
8 9

10
11

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CATCHPLAYINC. CATCHPLAYINC. (CAYMAN) and (TAIWAN), CASE NO. CV 12-07525 GW (lCx) [PROPOSED ORDER] GRANTING PLAINTIFFS' EX PARTE APPLICATION TO ADVANCE BRIEFING SCHEDULE AND HEARING ON APPLICATION FOR PRELIMINARY INJUNCTION, OR IN THE ALTERNATIVE, FOR TEMPORARY RESTRAINING ORDER TO PRESERVE STATUS QUO AND PREVENT FRAUD FROM SHAM TRANSACTION Judge: Hon. George H. Wu _____________ -------' omplaint Filed: August 31,2012 C

12 13 14 15 16 17 18 19 20 21 22 23 24 25

Plaintiffs, vs. STUDIO SOLUTIONS GROUP, INC. and JOHNNY LIN, Defendants.

26
27 28

[PROPOSED] ORDER GRANTING EX PARTE APPLICATION
LA 130,495,255v1

Case 2:12-cv-07525-GW-JC Document 36-5

Filed 09/24/12 Page 2 of 4 Page ID #:979

1 2

Plaintiffs CatchPlay Inc. (Cayman) and CatchPlay Inc. (Taiwan) (collectively "Plaintiffs" or "CatchPlay") have moved ex parte to advance the briefing schedule and

3 hearing on Plaintiffs' pending Motion for Preliminary Injunction, or in the alternative, for
4 5 6

Temporary Restraining Order to preserve the status quo and prevent fraud pursuant to Rule 65 of the Federal Rules of Civil Procedure, Rule 65-1 of the Local Rules of this Court, and the Court's September 21,2012 Order (Dkt. 15). The Court, having considered the memorandum of points and authorities, the supporting declarations, including the attached exhibits, and records on file, finds: (1) As set forth in Plaintiffs' Ex Parte Application for Temporary Restraining

7
8 9

10 Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue (Dkt.
11 12

10), Plaintiffs will likely establish that Plaintiffs had committed to releasing in Taiwan Dredd 3D (originally scheduled for September 21,2012), Cosmopolis (originally

13 scheduled for September 28,2012), Moonrise Kingdom (originally scheduled for October 14 5,2012), Looper (originally scheduled for October 12,2012), Silent Hill: Revelation 3D 15 (originally scheduled for October 26,2012)

and Lawless, a.k.a., The Wettest County

16 (originally scheduled for November 9,2012); 17

(2) On September 14,2012 Taiwan time, Plaintiffs filed a Request for Injunction

18 in Taiwan against Wayne Chang, MDC and another company operated by Chang, E Zon 19 Limited. 20

The Request is currently pending.

(3) Defendants alleged that On September 14,2012, SSG and Lin entered into an

21 agreement purporting to license to MDC the rights to Dredd 3D, Looper and Lawless.
22

Plaintiffs will likely establish that Plaintiffs did not learn of this sham transaction until exhibits in support of their Opposition on the afternoon of

23 they received Defendants'

24 September 21,2012, approximately 5 hours after the Court-Ordered deadline for 25 Defendants to file and serve their papers and after the Court had already issued its Order 26 (Dkt. 15). 27

(4) Plaintiffs will likely establish that, contrary to Defendants' counsel's

28 representation to the Court at the September 20,2012 telephonic hearing, MDC
1

[PROPOSED] ORDER GRANTING EX PARTE APPLICATION
LA 130,495,255v1

Case 2:12-cv-07525-GW-JC Document 36-5

Filed 09/24/12 Page 3 of 4 Page ID #:980

1 2

apparently has not scheduled any release dates for Dredd 3D, Looper and Lawless in Taiwan. The Bureau of Audiovisual and Music Industry Development of the Taiwanese

3 Ministry of Culture (the "Bureau") has confirmed that no release dates have been applied
4 5 6

for by MDC and no applications have been approved for MDC to release these films. In contrast, the Bureau had approved in August 2012 for CatchPlay to release trailers of Dredd 3D and Looper. (5) Plaintiffs will likely establish that because MDC has not obtained approval to release these films, SSG could not have delivered all of the materials for these films, as Alfredo Lopez's declaration states that certain materials cannot be released and delivered

7
8 9

10 until one day before the scheduled release.
11

(6) Immediately after the telephonic hearing on September 20,2012, Plaintiffs'

12 counsel wrote an e-mail to Defendants' counsel requesting that the status quo be 13 preserved. 14

Defendants' counsel failed to respond to this e-mail.

(7) Plaintiffs will likely establish that there is a substantial danger that Defendants

15 and Wayne and MDC will continue to attempt to change the status quo by purporting to 16 license other films belonging to Plaintiffs, or as in the words of Defendants' counsel, 17 attempting to release "the horse from the barn." 18 19 20 21
22

THEREFORE, IT IS HEREBY ORDERED THAT: (a) all supplemental briefs and exhibits are to be filed and served on or before 10:00 a.m. on September 28,2012; (b) the hearing on Plaintiffs' Motion for Preliminary Injunction will held on October 1,2012 at 8:30 a.m. IT IS FURTHER ORDERED THAT Defendants and their officers, agents,

23

24 servants, employees, attorneys, confederates, and all person who are in active concert or 25 participation with them are enjoined from: 26

(a)

purporting to terminate any of the agreements that SSG, as CatchPlay's

27 special agent, entered into with third party studio or producer licensors for the acquisition 28 of rights in audiovisual works to be distributed and exploited in Taiwan (the "Acquisition
2

[PROPOSED] ORDER GRANTING EX PARTE APPLICATION
LA 130,495,255v1

Case 2:12-cv-07525-GW-JC Document 36-5

Filed 09/24/12 Page 4 of 4 Page ID #:981

1 2

Agreements") before the Court has fully adjudicated the rights and obligations of the parties; (b) interfering in any way with Plaintiffs' quiet enjoyment of, and exploitation

3
4 5 6

of, all rights to the audiovisual works licensed pursuant to the terms of the Acquisition Agreements, including but not limited to, the rights to distribute in Taiwan the audiovisual works Dredd 3D, Looper, Cosmopolis, Moonrise Kingdom, Silent Hill:

7 Revelation 3D, and Lawless (a.k.a. The Wettest County), which were scheduled to be
8 9

released in Taiwan over the next three months and have been fully paid for by CatchPlay; (c) interfering in any way with CatchPlay's purchase of and direct access to

10 physical materials and other items necessary for the distribution, exploitation and/or
11

release of the audiovisual works licensed pursuant to the terms of the Acquisition

12 Agreements, including but not limited to, Dredd 3D, Looper, Cosmopolis, Moonrise
13

Kingdom, Silent Hill: Revelation 3D, and Lawless (a.k.a. The Wettest County); (d) interfering with CatchPlay's ability to distribute in Taiwan the audiovisual

14

15 works licensed pursuant to the Acquisition Agreements including by refusing to provide 16 to CatchPlay (pursuant to the parties' past practice) redacted copies of relevant 17 Acquisition Agreements which are to be disclosed to the Taiwanese authorities before the 18 release of the relevant film; and 19 ( e)

relicensing to any third parties any of the films that are the subj ect of the

20 Acquisition Agreements before the Court has fully adjudicated the rights and obligations 21 of the parties.
22

This Temporary Restraining Order shall remain in effect until the date for hearing

23 on Plaintiffs' Motion for Preliminary Injunction, or such further dates as set by the Court. 24 25 26 Dated: 27 28 3 [PROPOSED] ORDER GRANTING EX PARTE APPLICATION
LA 130,495,255v1
--------

IT IS SO ORDERED.

By: Honorable George H. Wu United States District Judge

_

Sign up to vote on this title
UsefulNot useful