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`JS-6, O
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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` Case No.: 2:20-cv-03129-MEMF (GJSx)
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`JUDGMENT
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`Plaintiffs,
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`COLUMBIA PICTURES INDUSTRIES, INC.,
`et al.,
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`Case 2:20-cv-03129-MEMF-GJS Document 237 Filed 11/18/22 Page 1 of 21 Page ID
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`v.
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`ALEJANDRO GALINDO, et al.,
`Defendants.
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`JUDGMENT
`The Court has granted the Motion for Default Judgment against Defendants Richard Horsten
`(a/k/a “Rik de Groot”) (“Horsten”), Anna Galindo, Martha Galindo, Osvaldo Galindo, Raul Orellana
`(a/k/a “Touchstone”) (“Orellana”), and Firestream LLC (“Firestream”) (collectively, the “Nitro
`Defendants”) filed by Plaintiffs Columbia Pictures, Industries, Inc.; Amazon Content Services,
`LLC; Disney Enterprises, Inc.; Paramount Pictures Corporation; Warner Bros. Entertainment Inc.;
`Universal City Studios Productions LLLP; Universal Television LLC; and Universal Content
`Productions LLC (“Plaintiffs”), ECF No. 227. The Court, upon receipt of Plaintiffs’ Supplemental
`Brief in support of Terminating Sanctions and Entry of Judgment against Defendant Alejandro
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`Case 2:20-cv-03129-MEMF-GJS Document 237 Filed 11/18/22 Page 2 of 21 Page ID
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`(“Alex”) Galindo, has similarly granted Plaintiffs’ requested relief. ECF No. 226. Accordingly, the
`Court hereby ENTERS JUDGMENT as follows:
`1.
`The Nitro Defendants are jointly and severally liable for statutory damages for the payment
`of $51,600,000.00. This reflects an award of the statutory maximum of $150,000 per work
`for the Nitro Defendants’ willful infringement of each of Plaintiffs’ identified 344
`representative works.1 This damage award also reflects an award of $27,200.84 per work
`for the Nitro Defendants’ willful infringement of Plaintiffs’ identified the 1,872 Works.
`Pursuant to 28 U.S.C. § 1961(a), the Nitro Defendants are jointly and severally liable for
`the payment of post-judgment interest in the amount of $1,976,280, calculated “at a rate
`equal to the weekly average 1-year constant maturity Treasury yield, as published by the
`Board of Governors of the Federal Reserve System, for the calendar week preceding the
`date of the judgment.” 28 U.S.C. § 1961(a).2
`In addition, Plaintiffs are awarded fees and costs against Alex Galindo in the amount of
`$88,080 in attorneys’ fees and costs for motion practice associated with their discovery
`motion (ECF Nos. 57, 82);
`Plaintiffs are also awarded $93,000 for its fees and costs against Alex Galindo associated
`with litigating their sanctions motion (ECF Nos. 164, 177, 177-1);
`The Order Granting Preliminary Injunction (ECF No. 34) is hereby made permanent.
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`Specifically, all Nitro Defendants, their agents, servants, employees and all persons in
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`1 These works are identified on Appendix “A” to this Final Judgment, which consists of the charts attached as
`Exhibits A through G to the Shepard Declaration submitted as part of Plaintiffs’ supplemental briefing.
`2 See “Current Applicable Rates,” Administrative Office of the U.S. Courts,
`https://www.uscourts.gov/services-forms/fees/post-judgment-interest-rate (last visited Nov. 17, 2022)
`(“Under each of the above statutes [including 28 U.S.C. § 1961] the rate of interest used in calculating the
`amount of post judgment interest is the weekly average 1-year constant maturity (nominal) Treasury yield, as
`published by the Federal Reserve System. . . . . Additionally, as of October 11, 2016, the Board no longer
`publishes the H.15 [the Federal Reserve Board Selected Interest Rates statistical release] in PDF format or
`publish weekly and monthly averages directly on the H.15. Weekly and monthly averages continue to be
`available through the Board’s Data Download Program.”); “Data Download Program,” Board of Governors of
`the Federal Reserve System, https://www.federalreserve.gov/datadownload/Choose.aspx?rel=H.15 (last
`visited Nov. 17, 2022) (applicable data pulled for the week of Nov. 9, 2022).
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`active concert and participation with them are PERMANENTLY RESTRAINED AND
`ENJOINED from:
`a. Directly or secondarily, infringing any of Plaintiffs’ Copyrighted Works through any
`means including publicly performing, reproducing, or otherwise infringing in any
`manner (including without limitation by materially contributing to or intentionally
`inducing the infringement of) any right under 17 U.S.C. § 106 in any of Plaintiffs’
`Copyrighted Works, including but not limited to those identified on Appendix “A”.
`“Copyrighted Works” shall mean all copyrighted works (and any portions thereof) in
`which the Plaintiffs, individually or jointly, (or any parent, subsidiary, or affiliate of
`any of the Plaintiffs) owns or controls an exclusive right under the United States
`Copyright Act, 17 U.S.C. §§ 101 et seq.;
`b. Operating any website, system, software, or service that is substantially similar to Nitro
`TV or other service, by any brand or name, that facilitates access to the Copyrighted
`Works without authorization; and
`c. Transferring or performing any function that results in the transfer of the registration
`of the domain name of TekkHosting.com, NitroIPTV.com, Lalaluhosting.com, and
`Nitro.ltd domain names (“Nitro TV Domain Names”) to any other registrant, registrar
`or person (e.g., companies like Njalla) other than as identified by Plaintiffs;
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`6.
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`Additionally, Tucows, Inc., Namecheap, Inc., and Domain.com, LLC, domain name
`registrars for the Nitro TV Domain Names and Njalla (a middleman) (see ECF No. 58, ¶¶
`9-13), as well as all others who receive notice of this Court’s Judgment and Permanent
`Injunction, are PERMANENTLY RESTRICTED AND ENJOINED from allowing the
`Nitro TV Domain Names to be modified, sold, transferred to another owner, or deleted
`except for the transfer set forth in Paragraph 6(c) below. In the event that to specified
`transfer is not possible, such entities are further ordered to keep permanently disabled
`access to the Nitro TV Domain Names. As part of accomplishing this, they shall take the
`following reasonable steps as needed:
`a. Maintain unchanged the WHOIS or similar contact and identifying information as of
`the time of receipt of this Judgment and maintain the Nitro TV Domain Names with
`the current registrar;
`b. Maintain the Nitro TV Domain Names inaccessible to everyone except Plaintiffs and
`their counsel, or any other person the Court may deem necessary; and
`c. Transfer the Nitro TV Domain Names to the Plaintiffs at no cost, and execute whatever
`documents and take whatever actions are reasonably necessary to effect the transfer.
`This Permanent Injunction shall bind the Nitro Defendants and all of their agents, servants,
`and employees, and all persons in active concert or participation or in privity with him who
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`receive actual notice of this Permanent Injunction. The Nitro Defendants shall provide a
`copy of this Permanent Injunction to their agents, servants, employees, attorneys, and
`current and future administrators or moderators of any online forums associated with the
`Nitro TV enterprise and/or Plaintiffs’ Copyrighted Works.
`Violation of this Permanent Injunction shall expose the Nitro Defendants and all other
`persons bound by this Permanent Injunction to all applicable penalties, including contempt
`of Court.
`Service by mail upon all Nitro Defendants at their last known address of a copy of this
`Final Judgment and Permanent Injunction, once entered by the Court, is deemed sufficient
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`Appendix A
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