Sony Computer Entertainment America LLC v. Hotz et al

Filing 104

DECLARATION of Ryan Bricker in Sopport of 103 Opposition/Response to Motion filed bySony Computer Entertainment America LLC. (Attachments: # 1 Exhibit A to Bricker Decl., # 2 Exhibit B to Bricker Decl, # 3 Exhibit C to Bricker Decl, # 4 Exhibit D to Bricker Decl, # 5 Exhibit E to Bricker Decl, # 6 Exhibit F to Bricker Decl, # 7 Exhibit G to Bricker Decl, # 8 Exhibit H to Bricker Decl, # 9 Exhibit I to Bricker Decl, # 10 Exhibit J to Bricker Decl, # 11 Exhibit K to Bricker Decl, # 12 Exhibit L to Bricker Decl, # 13 Exhibit M to Bricker Decl, # 14 Exhibit N to Bricker Decl, # 15 Exhibit O to Bricker Decl, # 16 Exhibit P to Bricker Decl, # 17 Exhibit Q to Bricker Decl, # 18 Exhibit R to Bricker Decl, # 19 Exhibit S to Bricker Decl, # 20 Exhibit T to Bricker Decl, # 21 Exhibit U to Bricker Decl)(Related document(s) 103 ) (Smith, Mehrnaz) (Filed on 3/18/2011) Modified on 3/21/2011 (ys, COURT STAFF).

Sony Computer Entertainment America LLC v. Hotz et al

Doc. 104 Att. 19

EXHIBIT S
DECLARATION OF RYAN BRICKER IN SUPPORT OF PLAINTIFF SONY COMPUTER ENTERTAINMENT AMERICA LLC'S OPPOSITION TO DEFENDANT GEORGE HOTZ'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE

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Bricker, Ryan
From: Sent: To: Cc: Michael Grennier [[e-mail]] Thursday, March 17, 2011 2:12 PM Yasha Heidari; Boroumand Smith, Mehrnaz Stewart Kellar; Jack C. Praetzellis; Robert Kleeger; Bricker, Ryan; [e-mail]; [e-mail]; Gaudreau, Holly

Subject: RE: Imaging of encrypted drives. CRM:0003005

Yasha, Your client has not provided a "hard drive" but rather parts of the hard drive. A "hard drive" must contain all the parts that make it a working device which include the enclosure, platters, heads and attached controller card. This controller card is installed at the factory and not normally removed or handled by an end user. Regards, Mike
Michael Grennier, CFCE, EnCE

TheIntelligenceGroup
1545 US Highway 206, STE 202 Bedminster, NJ 07921 Tel: [phone] Ext. 469 Fax: [phone] Cell 908-399-6049 Email: [e-mail] Web: www.intell-group.com

IMPORTANT NOTICE: The information contained in this message is attorney client privileged and/or confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, re-transmission, distribution, copying, taking of any action in reliance upon, or other use of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at Telephone Number [phone], and return the original message to us at the above address and then delete the email and destroy any copies of it. Thank you.

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From: Yasha Heidari [mailto:[e-mail]] Sent: Thursday, March 17, 2011 4:36 PM To: Boroumand Smith, Mehrnaz Cc: Stewart Kellar; Jack C. Praetzellis; Robert Kleeger; Bricker, Ryan; [e-mail]; [e-mail]; Gaudreau, Holly; Michael Grennier Subject: Re: Imaging of encrypted drives. CRM:0003005

Merhnaz, Your concerns are completely unfounded. To the contrary, Mr. Hotz has gone above and beyond what

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he has been required to do. Mr. Hotz was ordered to provide his hard drives and storage devices on which any circumvention devices were stored-- nothing more. As your co-counsel is aware, Mr. Hotz is currently out of the country, so your unilateral demand to have him provide the controllers by noon tomorrow is not only unreasonable, but simply not possible. No explanation is necessary as Mr. Hotz fully complied with the terms of the Court's order. Best regards, Yasha _____________________________________ Yasha Heidari Heidari Power Law Group LLC attorneys-at-law direct: 404-939-2742 mobile: [phone] facsimile: 404-601-7852 www.hplawgroup.com
THIS E-MAIL IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. By reading this e-mail, you agree to the following: (1) no attorney-client relationship exists absent a written and signed retention letter and fee engagement letter; (2) if you are not listed in the "To" or "cc" line above, you are not the intended recipient and (a) shall notify the sender immediately, (b) shall not rely on the contents of this e-mail, and (c) shall not use, disseminate, distribute, disclose, or copy this e-mail or any of its content.

On Thu, Mar 17, 2011 at 4:02 PM, Boroumand Smith, Mehrnaz <[e-mail]> wrote: Stewart, Yasha and Jack: The fact that Mr. Hotz removed portions of the hard drives is very disturbing and leads to obvious concerns regarding tampering and spoliation. We demand that the materials requested by TIG in Mr. Grennier's email below be delivered to TIG immediately and certainly by no later than noon Eastern time tomorrow. We also require an explanation from Mr. Hotz as to why the controller cards were removed. Mehrnaz
Mehrnaz Boroumand Smith Kilpatrick Townsend & Stockton LLP Eighth Floor | Two Embarcadero Center | San Francisco, CA 94111 office 415 273 7559 | fax [phone] [e-mail] | My Profile | VCard

From: Michael Grennier [mailto:[e-mail]] Sent: Thursday, March 17, 2011 7:56 AM To: Stewart Kellar; Gaudreau, Holly Cc: Robert Kleeger; Yasha Heidari; Boroumand Smith, Mehrnaz; Bricker, Ryan; Jack C. Praetzellis; [e-mail]; [e-mail]

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Subject: Imaging of encrypted drives. CRM:0003005

All, We took the drives out of our evidence locker and the evidence bag to image them in their current encrypted state as stated in the order and agreed to on our phone call yesterday. We have determined that the controller cards which are screwed onto the hard drives were removed prior to them being given to us. Therefore we are unable to operate the hard drives in their current state. Keep in mind that we need two days to image these drives as we have to image two 1TB drives. I would recommend that Mr. Hotz forward to us immediately both the hard drive controller cards, screws and anything else he may have including the complete computer system (minus the monitor, keyboard and mouse) so that we can be prepared to complete the forensic imaging process (both encrypted and un-encrypted). The drives have been returned to the evidence bag and locker at this time. Regards, Mike
Michael Grennier, CFCE, EnCE

TheIntelligenceGroup
1545 US Highway 206, STE 202 Bedminster, NJ 07921 Tel: [phone] Ext. 469 Fax: [phone] Cell 908-399-6049 Email: [e-mail] Web: www.intell-group.com IMPORTANT NOTICE: The information contained in this message is attorney client privileged and/or confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, retransmission, distribution, copying, taking of any action in reliance upon, or other use of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at Telephone Number [phone], and return the original message to us at the above address and then delete the email and destroy any copies of it. Thank you.

Please consider the environment before printing this e-mail
From: Stewart Kellar [mailto:[e-mail]] Sent: Wednesday, March 16, 2011 2:41 PM To: Gaudreau, Holly Cc: Robert Kleeger; Yasha Heidari; Michael Grennier; Boroumand Smith, Mehrnaz; Bricker, Ryan; Jack C. Praetzellis; [e-mail]; [e-mail] Subject: Re: SCEA v. Hotz - Meet and Confer

Attached for everyone's reference is the Transcript of the March 10 2011 hearing before Judge Spero. I look forward to receiving the dial in number. Stewart Kellar E-ttorney at LawTM 148 Townsend St. Ste. 2 San Francisco, CA 94107

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[phone] [e-mail] www.ettorneyatlaw.com The information contained in this email message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this email message in error, please notify the sender by reply email and delete the message and any attachments. On Wed, Mar 16, 2011 at 9:33 AM, Gaudreau, Holly <[e-mail]> wrote:
Thanks Rob and Mike. I will circulate a dial in number for the 3pm EST call shortly. Holly Gaudreau Kilpatrick Townsend & Stockton LLP Eighth Floor | Two Embarcadero Center | San Francisco, CA 94111 office 415 273 4324 | fax [phone] [e-mail] | My Profile | VCard

From: Robert Kleeger [mailto:[e-mail]] Sent: Wednesday, March 16, 2011 8:19 AM To: Gaudreau, Holly; Yasha Heidari Cc: Michael Grennier; [e-mail]; Boroumand Smith, Mehrnaz; Bricker, Ryan; Jack C. Praetzellis; [e-mail]; [e-mail] Subject: RE: SCEA v. Hotz - Meet and Confer

Works for us.
Please provide call in details. Regards, -Rob Kleeger - Managing Director TheIntelligenceGroup Direct Tel: [phone] Fax: [phone] Cell: 973-699-0167 NOTE: As you know, I am always looking to do business with people who are just like you. If you know of a friend, business associate or family member who may be in need of our services, please let us know. 95% of our business is through trusted referrals.

Please consider the environment before printing this e-mail
From: Gaudreau, Holly [mailto:[e-mail]] Sent: Wednesday, March 16, 2011 3:20 AM To: Yasha Heidari Cc: Michael Grennier; [e-mail]; Boroumand Smith, Mehrnaz; Bricker, Ryan; Robert Kleeger; Jack C. Praetzellis; [e-mail]; [e-mail]

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Subject: RE: SCEA v. Hotz - Meet and Confer I will circulate a dial-in number in the morning for counsel's 10:00 a.m. PST call. Mike, please confirm you are available for a conference call at 3pm EST. Thanks. Holly Holly Gaudreau Kilpatrick Townsend & Stockton LLP Eighth Floor | Two Embarcadero Center | San Francisco, CA 94111 office 415 273 4324 | fax [phone] [e-mail] | My Profile | VCard

From: Gaudreau, Holly Sent: Tuesday, March 15, 2011 5:51 PM To: 'Yasha Heidari' Cc: Michael Grennier; [e-mail]; Boroumand Smith, Mehrnaz; Bricker, Ryan; Robert Kleeger; Jack C. Praetzellis; [e-mail]; [e-mail] Subject: RE: SCEA v. Hotz - Meet and Confer Hi Yasha, That sounds fine. Thanks. Holly Holly Gaudreau Kilpatrick Townsend & Stockton LLP Eighth Floor | Two Embarcadero Center | San Francisco, CA 94111 office 415 273 4324 | fax [phone] [e-mail] | My Profile | VCard

From: Yasha Heidari [mailto:[e-mail]] Sent: Tuesday, March 15, 2011 5:44 PM To: Gaudreau, Holly Cc: Michael Grennier; [e-mail]; Boroumand Smith, Mehrnaz; Bricker, Ryan; Robert Kleeger; Jack C. Praetzellis; [e-mail]; [e-mail] Subject: Re: SCEA v. Hotz - Meet and Confer

Holly, I'm going to suggest that counsel hold an initial conference call at 10:00 PST to resolve any issues among ourselves first, and then have a discussion with Mike to finalize any protocol at 12:00 PST. Is this agreeable? Best, Yasha

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_____________________________________ Yasha Heidari Heidari Power Law Group LLC attorneys-at-law direct: 404-939-2742 mobile: [phone] facsimile: 404-601-7852 www.hplawgroup.com
THIS E-MAIL IS PROTECTED BY THE ATTORNEY-CLIENT PRIVILEGE. By reading this e-mail, you agree to the following: (1) no attorney-client relationship exists absent a written and signed retention letter and fee engagement letter; (2) if you are not listed in the "To" or "cc" line above, you are not the intended recipient and (a) shall notify the sender immediately, (b) shall not rely on the contents of this e-mail, and (c) shall not use, disseminate, distribute, disclose, or copy this e-mail or any of its content.

On Tue, Mar 15, 2011 at 8:09 PM, Gaudreau, Holly <[e-mail]> wrote:
Thanks, Mike. I'm copying Mr. Hotz's other counsel on this email. Does 10:00 a.m. PST tomorrow (Wed) work? Thanks. Holly Holly Gaudreau Kilpatrick Townsend & Stockton LLP Eighth Floor | Two Embarcadero Center | San Francisco, CA 94111 office 415 273 4324 | fax [phone] [e-mail] | My Profile | VCard

From: Michael Grennier [mailto:[e-mail]] Sent: Tuesday, March 15, 2011 1:21 PM To: '[e-mail]'; '[e-mail]' Cc: '[e-mail]'; '[e-mail]'; Robert Kleeger Subject: Re: SCEA v. Hotz - Meet and Confer

I have conference calls scheduled for 10AM and 2PM(EST). Other than that I am available as needed. Please advise me what time you want to start. Mike Michael Grennier ________________ This message was sent from my Mobile Device - please excuse any typo's -------------------------The Intelligence Group 1545 Route 206 Bedminster, NJ 07921 Phone: [phone] x 469 Direct Dial: 908-396-1469 Fax: [phone]

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Please consider the environment before printing this e-mail IMPORTANT NOTICE: The information contained in this message is attorney client privileged and/or confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, re-transmission, distribution, copying, taking of any action in reliance upon, or other use of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone at Telephone Number [phone], and return the original message to us at the above address and then delete the email and destroy any copies of it. Thank you.

From: Gaudreau, Holly [mailto:[e-mail]] Sent: Tuesday, March 15, 2011 04:18 PM To: Stewart Kellar <[e-mail]>; Michael Grennier Cc: Boroumand Smith, Mehrnaz <[e-mail]>; Bricker, Ryan <[e-mail]> Subject: SCEA v. Hotz - Meet and Confer Hi Stewart and Michael, Per Paragraph 5 of the Court's order issued today (attached), the parties and TIG need to meet and confer on a protocol for the search of the authorized jurisdictional discovery on the impounded devices. We need to submit a protocol for the Court's approval by the end of the day tomorrow (March 16). Please let us know what time works for both of you today to discuss. Thanks. Holly Holly Gaudreau Kilpatrick Townsend & Stockton LLP Eighth Floor | Two Embarcadero Center | San Francisco, CA 94111 office 415 273 4324 | fax [phone] [e-mail] | My Profile | VCard

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