Case 2:21-cv-09317-MCS-SK Document 42 Filed 03/22/22 Page 1 of 5 Page ID #:2460
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`KELLY M. KLAUS (State Bar No. 161091)
`Kelly.Klaus@mto.com
`ROSE LEDA EHLER (State Bar No. 296523)
`Rose.Ehler@mto.com
`SHANNON GALVIN AMINIRAD (State Bar No. 324780)
`Shannon.Aminirad@mto.com
`MUNGER, TOLLES & OLSON LLP
`350 South Grand Avenue
`Fiftieth Floor
`Los Angeles, California 90071-3426
`Telephone: (213) 683-9100
`Facsimile:
`(213) 687-3702
`
`Attorneys for Plaintiffs
`
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
` Case No. 2:21-cv-09317-MCS-SK
`
`NOTICE OF DEFAULTING
`DEFENDANTS’ RESPONSE
`
`RE: ECF No. 36, PLAINTIFFS’
`MOTION FOR PARTIAL
`DEFAULT JUDGMENT AND
`PERMANENT INJUNCTION
`(UNDER SUBMISSION)
`
`Judge:
`Hon. Mark C. Scarsi
`Courtroom: 7C
`
`
`[Filed concurrently: Declaration of
`Shannon Galvin Aminirad in Support of
`Notice of Defaulting Defendants’
`Response]
`
`
`
`PARAMOUNT PICTURES
`CORPORATION; UNIVERSAL CITY
`STUDIOS PRODUCTIONS LLLP;
`UNIVERSAL CONTENT
`PRODUCTIONS LLC; UNIVERSAL
`TELEVISION LLC; WARNER BROS.
`ENTERTAINMENT INC.,
`COLUMBIA PICTURES
`INDUSTRIES, INC.; DISNEY
`ENTERPRISES, INC.; NETFLIX
`STUDIOS, LLC; NETFLIX US, LLC;
`and NETFLIX WORLDWIDE
`ENTERTAINMENT, LLC,
`
`Plaintiffs,
`
`vs.
`
`DOES 1-10 d/b/a PRIMEWIRE,
`
`Defendants.
`
`
`
`
`
`
`
`
`
`NOTICE OF DEFENDANTS’ RESPONSE
`
`
`
`

`

`Case 2:21-cv-09317-MCS-SK Document 42 Filed 03/22/22 Page 2 of 5 Page ID #:2461
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`The Court took Plaintiffs’ Motion for Partial Default Judgment and
`Permanent Injunction, ECF No. 36 (“Motion”), under submission. On March 12,
`2022, Plaintiffs filed a Notice of Defendants’ Changes to PrimeWire Websites and
`Amended Request for Permanent Injunctive Relief, ECF No. 39 (“Notice”).
`Following service of the Notice, the defaulting Defendants contacted Plaintiffs by
`email regarding Plaintiffs’ Motion, but they still have not appeared before this
`Court. In the interest of candor, Plaintiffs submit this notice to update the Court
`regarding Defendants’ communication.
`Defendants’ Response To Plaintiffs’ March 12, 2022 Notice
`I.
`Plaintiffs’ Notice explained that Defendants had recently made changes to the
`PrimeWire Websites, including by launching a new domain, www.primewire.tf. See
`generally ECF No. 39. Plaintiffs asked that the Court enter a permanent injunction
`that included www.primewire.tf as part of the definition of the PrimeWire Websites.
`Plaintiffs served these filings to Defendants via email on March 12, 2022.
`Declaration of Shannon Galvin Aminirad (“Aminirad Decl.”) ¶ 3, filed concurrently.
`On March 13, 2022, an individual or individuals identified only as the
`“PrimeWire Team” responded to Plaintiffs’ service email, ostensibly on behalf of
`the Defendants. Id. ¶ 4 & Ex. A. The “PrimeWire Team” stated that they wanted to
`“explain the motivation behind [their recent actions] and their intended effect.” Id.
`Ex. A. They wrote that they had moved PrimeWire to the new domain “to comply
`with the temporary injunction,” had removed links to the 138 works identified by
`Plaintiff in Exhibit A to the Complaint, and had limited link submissions on the new
`website to four services. Id. The “PrimeWire Team” further wrote that they
`supported in part the proposed permanent injunction but wanted the injunction to
`exclude www.primewire.tf, “as there is no evidence to suggest that any links to
`unauthorized streams of the Plaintiffs [sic] works is being or has ever been
`distributed over this domain.” Id.
`
`
`
`
`
`-1-
`NOTICE OF DEFENDANTS’ RESPONSE
`
`
`
`

`

`Case 2:21-cv-09317-MCS-SK Document 42 Filed 03/22/22 Page 3 of 5 Page ID #:2462
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`Plaintiffs responded substantively to this correspondence on March 14, 2022.
`Id. ¶ 5 & Ex. B. Plaintiffs repeated their request that Defendants identify
`themselves. Id. Ex. B. Plaintiffs further noted that Defendants’ statements in the
`“PrimeWire Team” email contradicted the record. Defendants’ transfer of domains
`to Sarek Oy and prior response to the disabling of domains in other jurisdictions
`suggests a pattern of evasion and unwillingness to comply with Plaintiffs’ requests
`or the Court’s orders. Id. Moreover, there is evidence that www.primewire.tf had
`been used to infringe. Id. As recent as March 8, Plaintiffs’ investigators were able
`to stream Plaintiffs’ copyrighted works on the new domain. Id.; Second
`Supplemental Declaration of Jan Van Voorn ¶ 5, ECF No. 39-2. Lastly, Plaintiffs
`explained that Defendants’ “intentions” were not sufficient to rebut the case for
`injunctive relief and informed Defendants that they or their counsel needed to
`appear in the case if they wished to oppose Plaintiffs’ motion for partial default
`judgment or the scope of the permanent injunction. Aminirad Decl. Ex. B.
`Plaintiffs requested a response by March 18, 2022, but have received none. Id.;
`Aminirad Decl. ¶ 6.
`II. Defendants’ Response Should Not Change The Merits Of Plaintiffs’
`Request For Relief
`
`While Plaintiffs submit this information to the Court in the interests of candor
`and transparency, Defendants’ out-of-court assertions, made in anonymous emails,
`merit little weight. The Federal Rules of Civil Procedure require that a party,
`through counsel, certify that their representations made to the Court are made in
`good faith and that factual contentions “have [or will have] evidentiary support”;
`these requirements are backed up by sanctions for failure to comply with the Rule’s
`requirements. Fed. R. Civ. P. 11(b), (c). Rule 11 authorizes this Court to strike
`submissions that are not signed by an attorney of record or an unrepresented party,
`or to impose sanctions for failure to comply with the requirements of Rule 11(b).
`
`
`
`
`
`-2-
`NOTICE OF DEFENDANTS’ RESPONSE
`
`
`
`

`

`Case 2:21-cv-09317-MCS-SK Document 42 Filed 03/22/22 Page 4 of 5 Page ID #:2463
`
`
`MUNGER, TOLLES & OLSON LLP
`
`
`
`Defendants seek to evade the requirements of Rule 11 by not making any
`filings with the Court, and instead sending anonymous emails to Plaintiffs’ counsel,
`apparently calculating that their communications will ultimately reach the Court
`through Plaintiffs’ counsel’s exercise of their duty of candor. Defendants’ failure to
`appear in this litigation is also presumably a calculated attempt to avoid submitting
`themselves to the discovery process that would allow Plaintiffs to explore the
`veracity of assertions Defendants have thus far only made in out-of-court emails.
`Defendants’ evasive conduct—which also simultaneously confirms receipt of
`service and awareness of the relief Plaintiffs seek—weighs decidedly in favor of
`entry of a default judgment. See Hangzhou Inshot Tech Co. v. Studio Video
`Downloader X, No. CV 21-00397 CBM(MRWx), 2021 WL 4184905, at *3 (C.D.
`Cal. Apr. 27, 2021).
`Further, Defendants’ assertions do not change the merits of Plaintiffs’ request
`for permanent injunctive relief or the need for that relief. Defendants’
`unsubstantiated assertions that they have changed their ways decidedly do not meet
`the legal requirements of the voluntary cessation doctrine and therefore do not moot
`Plaintiffs’ requested relief. See ECF No. 39 (discussing cases).
`
`DATED: March 22, 2022
`
`
`
`
`
`
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`
`/s/ Kelly M. Klaus
`KELLY M. KLAUS
`
`
`
`By:
`
`
`Attorneys for Plaintiffs
`
`
`-3-
`NOTICE OF DEFENDANTS’ RESPONSE
`
`
`
`

`

`Case 2:21-cv-09317-MCS-SK Document 42 Filed 03/22/22 Page 5 of 5 Page ID #:2464
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`CERTIFICATE OF SERVICE
`
`I, Kelly M. Klaus, do hereby certify that service of NOTICE OF
`DEFAULTING DEFENDANTS’ RESPONSE RE: ECF No. 36,
`PLAINTIFFS’ MOTION FOR PARTIAL DEFAULT JUDGMENT AND
`PERMANENT INJUNCTION (UNDER SUBMISSION) and DECLARATION
`OF SHANNON GALVIN AMINIRAD IN SUPPORT OF NOTICE OF
`DEFAULTING DEFENDANTS’ RESPONSE shall be made upon the
`Defendants, DOES 1-10 d/b/a PRIMEWIRE, by sending the aforementioned
`documents to the following email addresses:
`admin@primewire.li
`admin@primewire.ag
`primewire.inbox@protonmail.com
`
`Service shall be made on this day, March 22, 2022.
`
`
`
`
`
`
`
`
`
`/s/ Kelly M. Klaus
`Kelly M. Klaus
`
`-4-
`NOTICE OF DEFENDANTS’ RESPONSE
`
`
`
`