Disney Enterprises, Inc. et al v. Hotfile Corp. et al

Filing 320

NOTICE by Hotfile Corp. re 318 MOTION for Partial Summary Judgment PUBLICLY FILED VERSION (Attachments: # 1 Exhibit A, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Errata, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit)(Munn, Janet)

EXHIBIT 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA DISNEY ENTERPRISES, INC., TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, COLUMBIA PICTURES INDUSTRIES, INC., and WARNER BROS. ENTERTAINMENT INC., Plaintiffs, vs. CASE NO. 11-20427-WILLIAMS-TURNOFF HOTFILE CORP., ANTON TITOV, and DOES 1-10, Defendants. ___________________________ AND RELATED CROSS-ACTION. _______________________________________________________ HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER VIDEOTAPED DEPOSITION OF KEVIN M. SUH, ESQUIRE, INDIVIDUALLY AND PURSUANT TO FEDERAL RULE 30(b)(6) Los Angeles, California Tuesday, December 20, 2011 Reported by: LORI SCINTA, RPR CSR No. 4811 Job No. 178796 KEVIN M. SUH, ESQUIRE HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 1 UNITED STATES DISTRICT COURT 2 12/20/2011 SOUTHERN DISTRICT OF FLORIDA 3 4 7 DISNEY ENTERPRISES, INC., TWENTIETH CENTURY FOX FILM CORPORATION, UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, COLUMBIA PICTURES INDUSTRIES, INC., and WARNER BROS. ENTERTAINMENT INC., 8 Plaintiffs, 5 6 9 10 vs. CASE NO. 11-20427-WILLIAMS-TURNOFF HOTFILE CORP., ANTON TITOV, and DOES 1-10, 11 12 13 Defendants. _________________________ AND RELATED CROSS-ACTION. ______________________________________________________ 14 15 16 HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER Videotaped deposition of KEVIN M. SUH, ESQUIRE, 17 individually, and pursuant to Federal Rule 30(b)(6), 18 taken on behalf of Defendants and Counterclaimant 19 Hotfile Corp., at 633 West Fifth Street, Los Angeles, 20 California, beginning at 9:17 A.M. and ending at 21 6:03 P.M. on Tuesday, December 20, 2011, before 22 LORI SCINTA, RPR, Certified Shorthand Reporter No. 4811. 23 24 25 2 KEVIN M. SUH, ESQUIRE HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 1 2 3 4 5 6 7 12/20/2011 APPEARANCES: For Plaintiffs: JENNER & BLOCK LLP BY: DUANE C. POZZA Attorney at Law 1099 New York Avenue, NW, Suite 900 Washington, D.C. 20001-4412 202.639.6000 Email: dpozza@jenner.com 8 -- and -9 10 11 12 MOTION PICTURE ASSOCIATION OF AMERICA, INC. BY: KAREN R. THORLAND Attorney at Law 15301 Ventura Boulevard, Building E Sherman Oaks, California 91403 310.244.6946 Email: karen_thorland@mpaa.org 13 14 For Defendants and Counterclaimant Hotfile, Corp.: 15 16 17 18 19 20 21 22 23 24 FARELLA BRAUN + MARTEL LLP BY: ANTHONY SCHOENBERG Attorney at Law 235 Montgomery Street San Francisco, California 94104 415.954.4400 Email: tschoenberg@fbm.com Videographer: VONYARN MASON SARNOFF COURT REPORTERS 20 Corporate Park, Suite 350 Irvine, California 92606 877.955.3855 25 3 KEVIN M. SUH, ESQUIRE HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 12/20/2011 05:15 1 (MPAA Exhibit 13 was marked for 05:16 2 identification by the court reporter.) 05:16 3 05:16 4 05:16 5 05:16 6 05:16 7 05:16 8 05:16 9 05:16 10 05:16 11 Page 2 appears to be a printout of the Vobile 05:16 12 website describing -- or exhibiting a press release in 05:16 13 connection with vCloud9. 05:16 14 05:17 15 middle of the press release. 05:17 16 to you. 05:17 17 05:17 18 05:17 19 05:17 20 05:17 21 that this was printed out from prnewswire.com, spelled 05:17 22 p-r-n-e-w-s-w-i-r-e.com. 05:17 23 05:17 24 05:17 25 BY MR. SCHOENBERG: Q And I will represent to you that page -- it says there were three pages to this exhibit. Well, I can't say what -- what the third page was, but the only part that I'm interested in is Page 2. And so I'll just ask you if you recognize Page 2 of this document. A Q This is MPA Exhibit No. 13. And I'd like to direct your attention to the There's a quote attributed Do you see that? A Yes. Actually, if I would make one clarification. The footer of Exhibit 13 at the bottom notes So just a point of correction. This isn't from the Vobile website. Q Okay. Thanks for that clarification. 235 KEVIN M. SUH, ESQUIRE HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 12/20/2011 05:17 1 05:17 2 05:17 3 A Yes. 05:17 4 Q It says, "Vobile" -- "Vobile vCloud9 05:17 5 offers an important new tool for 05:17 6 website operators offering legitimate 05:17 7 cloud-based storage services to be 05:17 8 able to discover unauthorized content 05:17 9 online and ensure copyright 05:17 10 compliance, thereby protecting the 05:17 11 rights of content owners and the 05:17 12 creative community," unquote. 05:18 13 Did you either say or authorize that statement 05:18 14 05:18 15 A 05:18 16 to me. 05:18 17 Q 05:18 18 statement? 05:18 19 A Yes. 05:18 20 Q Is there anything in this press release with 05:18 21 05:18 22 MR. POZZA: 05:18 23 THE WITNESS: 05:18 24 05:18 25 Do you see the quote that's attributed to you in the middle of the press release? to be attributed to you? I did authorize that statement to be attributed And you agree that that's an accurate which you do not agree? Objection. Ambiguous. If I could just -- I'm sorry. Go ahead. MR. POZZA: No. That's all I have. 236 KEVIN M. SUH, ESQUIRE HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 12/20/2011 1 2 3 4 I, the undersigned, a Certified Shorthand Reporter of the State of California, do hereby certify: That the foregoing proceedings were taken 5 before me at the time and place herein set forth; that 6 any witnesses in the foregoing proceedings, prior to 7 testifying, were duly sworn; that a record of the 8 proceedings was made by me using machine shorthand 9 which was thereafter transcribed under my direction; 10 that the foregoing transcript is a true record of the 11 testimony given. 12 Further, that if the foregoing pertains to 13 the original transcript of a deposition in a Federal 14 Case, before completion of the proceedings, review of 15 the transcript [x] was [ ] was not requested. 16 I further certify I am neither financially 17 interested in the action nor a relative or employee 18 of any attorney or party to this action. 19 20 IN WITNESS WHEREOF, I have this date subscribed my name. 21 22 Dated: 12/27/2011 23 24 25 ________________________________ LORI SCINTA, RPR CSR No. 4811 263