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. 3

EXHIBIT C
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

Dockets.Justia.com

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stewart(?

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STEWART KELLAR (SBN 267746) etrny. com E-ttorneyat Law 148 Townsend Street, Suite 2

San Francisco, California 94107
Telephone: [phone]

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JACK C. PRAETZELLIS (SBN 267765)

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jack(?mbvlaw.com MBVLAWLLP 855 Front Street
San Francisco, California 94111

Telephone: [phone]
Facsiinile: 415-989-5143

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Attorneys for Defendant George Hotz
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DMSION

14 SONY COMPUTER ENTERTAINMENT Case No. 11-CV-000167 SI AMERICA LLC, a Delaware limited liabil15 ty company,

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17 v.

Plaintiff,

DEFENDAN GEORGE HOTZ'S RESPONSES TO PLANTIFF'S FIRST DEMAD FOR INSPECTION REFLECTING JURISDICTIONAL DISCOVERY

18 GEORGE HOTZ, et a!.,

19 Defendants.
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Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, de-

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fendant George Hotz responds to plaintiffs First Demand for Inspection Reflecting Jurisdictional Discovery:

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1.

PRELIMINARY STATEMENT AND OBJECTIONS
Mr. Hotz objects to each and every inspection demand on the grounds that
jurisdiction discovery and is not relevant to Mr. Hotz's rela-

26 it goes beyond the scope of

27 tionship to California.
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2.

Mr. Hotz objects to each and every inspection demand on the ground that
HoTZ RESPONSES TO FIRST

INSPECTON DEMAD

(NO.ii-CV-ooi67-SI)

1 it seeks information to the present date.

2 INSPECTION DEMAD NO.1: All PS3 SYSTEM consoles in YOUR
3 possession, custody or controI.

4 RESPONSE TO INSPECTION DEMAD NO.1: Mr. Hotz incorpo5 rates by reference each and every of

his general objections. Further, Mr. Hotz objects on

6 the grounds that the inspection demand does not state the manner in which inspection is

7 to take place and does no state with particularity the place in which inspection is to take
8 place. Inspection Demand NO.1 does not state how the PS3 SYSTEM consoles are to be
9 inspected or who will be performing the inspection. Inspection Demand NO.1 does not

10 define with particularity the place where inspection is to take place because it sets the
11 place for inspection as "Two Embarcadero Center, 8th Floor, San Francisco, CA 94111 or

12 at such other location as may be agreed upon by the parties" which leaves uncertain the
13 question of

where the inspection is to take place. Mr. Hotz further objects on the

14 grounds that, to the extent the place of inspection is defined with particularity as being

15 San Francisco, the request is burdensome and oppressive because it requires the PS3
16 SYSTEMS be delivered to plaintiffs counsel's offce across the country. Furter, Mr.

17 Hotz reserves the right to have his counsel as well as any expert he desires present at the

18 inspection.

19 Notwthstanding the foregoing objections, Mr. Hotz responds as follows:

20 The items subject to Inspection Demand NO.1 are as follows:
21
1.

One PS3 SYSTEM "slim" console, purchased new in February of

22 2010. Serial No. CG221368477-CECH-200iA.

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2.

One PS3 SYSTEM, purchased used in March of 2010. The serial

24 number sticker was missing at time of purchase.
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3.

One PS3 SYSTEM, broken blu-ray drive, purchased used in August

26 of 2010. Serial No. CE506688986-CECHG01.

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4.

One PS3 SYSTEM, received used in March 2010. Serial No. 00-

28 27450032-0055449-DECHAooA.

-224045.01/4832-5504-0264, V. 1

HoTZ RESPONSES TO FIRST

INSPECTION DEMAD
(No. ii-cv-oooi67 SI)

1

Upon agreement by the partes of the location and manner for inspection,
Mr. Hotz agrees to produce the above-numberedPS3 SYSTEM consoles for inspection.

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Mr. Hotz's counsel reserves the right to be present for the duration of inspection.

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WITHDRAWN INSPECTION DEMAD NO.2: All computers which
YOU have used to create any DOCUMENT, email or

program related to the PS3 SYS-

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TEM.

WITHDRAWN INSPECTION DEMAD NO.3: All computers which
YOU have used to write or create code or programs that run on the PS3 SYSTEM or ena-

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ble other softare to run on the PS3 SYSTEM.

WITHDRAWN INSPECTION DEMAD NO.4: All computers, hard
drives, CD-roms, DVDs, USB sticks or any other storage devices or STORAGE SYSTEMS

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which contain or have contained and/or have transmitted any CIRCUMVNTION DEVI CES and/or copies thereof.

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Dated: March 7, 2011.
MBVLAWLLP

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'"ck C. Praetzells Attorneys for Defendant George Hotz

By ç;~

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-324045.01/4832-5504-0264, v. 1
HoTZ RESPONSES TO FIRST

INSPECTON DEMAD
(No. ii-cv-oooi67 SI)

1

PROOF OF PERSONAL SERVICE
I am over the age of eighteen years of age, not a part to this action, and

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employed in the City and County of San Francisco at the law offces ofMBV Law LLP,
855 Front Street, San Francisco, California 94111.

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On March 7, 2011, I served the attached Defendant George Hotz's Res-

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ponses to Plaintiffs First Demand for Inspection Reflecting Jurisdictional Discovery by
causing a true and correct copy to be personally delivered to:

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Holly Gaudreau, Esq. Kilpatrick Townsend & Stockton LLP Two Embarcadero Center, 8th Floor
San Francisco, California 94111

I declare under penalty of perjury under the laws of the State of California

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that the foregoing is true and correct and that this declaration was executed on March 7,
2011 at San Francisco, California.

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Eileen Van Matre

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24045.01/4837-0174-3368, v. 1
PROOF OF PERSONAL SERVICE

1

STEWART KELLA (SBN 267747) stewart(getrny.com
E-ttorney at Law
148 Townsend Street, Suite 2

2 3

San Francisco, California 94107
Telephone: [phone]

4

JACK C. PRAETZELLIS (SBN 267765)

5 jack(gmbvlaw.com .
6 7

MBVLAWLLP 855 Front Street

San Francisco, California 94111

Telephone: [phone] Facsimile: 415-989-5143

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Attorneys for Defendant George Hotz
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

12
13

SAN FRACISCO DIVSION

14 SONY COMPUTER ENTERTAINMENT Case No. 11-CV-000167 SI AMERICA LLC, a Delaware limited liabil15 ty company,

16

17 v.

Plaintiff,

DEFENDAN GEORGE HOTZ'S RESPONSES TO PLANTIFF'S FIRST SET OF JURISDICTIONAL INTERROGATORIES

18 GEORGE HOTZ, et aI.,

19 Defendants.
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21

. Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, de-

22 fendant George Hotz ("Mr. Hotz") responds to plaintiffs First Set of Interrogatories Re-

23 lating to Jurisdictional Discovery as follows:

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1.
Mr. Hotz objects

PRELIMINARY STATEMENT AND OBJECTIONS
to each and every interrogatory to the extent that it goes

26 beyond the scope of jurisdictional discovery and is not relevant to Mr. Hotz's relation-

27 ship to California.
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2.

Mr. Hotz objects to each and every interrogatory on the ground that Mr.
HoTZ RESPONSES TO FIRST

SET OF INlRROGATORIES

(No. ii-CV-ooi67-SI)

1 Hotz has not completed his investigation of the facts relating to this case and has not yet
2 had the benefit of discovery from Plaintiff. Accordingly, the following responses are giv-

3 en without prejudice to Mr. Hotz's right to modify or enlarge the following responses

4 based on additional information hereinafter obtained.
5

3.

Mr. Hotz objects to each and every interrogatory to the extent that it seeks

6 information protected by the attorney client privilege, the attorney work product doc7 trine, or any other applicable privilege or protection. Mr. Hotz further objects to any re-

8 quest which seeks information that is private, confidential, proprietary, or protected
9 from disclosure under appropriate state and federal

laws.

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4.

Mr. Hotz objects to each and every interrogatory that seeks information

11 through the present date. To the extent Mr. Hotz responds, his response will only con-

12 tain information through the date his counsel received the interrogatories.
13

5.

Mr. Hotz objects to each and every interrogatory that seeks information

14 contained in the public record or within the possession, custody or control of the Plain-

15 tiff or that is equally available to Plaintiff.
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6.

Mr. Hotz objects to each interrogatory to the extent that it uses the defined

17 term "RELATED TO" because as defined the term is overbroad, burdensome, oppressive

18 and harassing.
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7.

Mr. Hotz objects to each interrogatory to the extent it uses the defined

20 term "IDENTJFY" because as defined the term is burdensome, oppressive, overbroad
21 and harassing. Further, where documents will suffce to identify communications, Mr.

22 Hotz will produce documents in lieu of identifyng communications.
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8.

Mr. Hotz objects to each and every interrogatory on the ground that it is

24 overbroad burdensome and oppressive and not reasonably calculated to lead to the dis25 covery of admissible evidence.

26 INTERROGATORIES
27 INTERROGATORY NO.1: IDENTIFY by date and geographic location
28 each instance in which YOU accessed the PlayStation Network and the PS3 SYSTEM that

-224045.01/4841-7608-3208, V. 1

HoTZ RESPONSES TO FIRST

SET OF INlRROGATORIES
(No. ii-cv-oooi67 SI)

1 you used to access the PlayStation Network during those instances.

2 RESPONSE TO INTERROGATORY NO.1: Not applicable. Mr. Hotz
3 has never accessed the Playstation Network.
4 REVISED INTERROGATORY NO. 2: IDENTIFY

by date each in-

5 stance in which YOU entered California between January 1,2009 and the present, and

6 describe the reason for each of those visits, including but not limited to any conferences,
7 meetings, workshops, speaking engagements, intervews, seminars, forums, and/or oth8 er events in which YOU participated or attended.

9 RESPONSE TO RESED INTERROGATORY NO.2: Mr. Hotz in10 corporates by reference each and évery one of

his general objections. Mr. Hotz objects

11 on the grounds that the request is burdensome and oppressive. Further, Mr. Hotz ob12 jects on the grounds that the request seeks information not reasonably calculated to lead

13 to the discovery of admissible or relevant evidence. Mr. Hotz objects on the grounds that

14 the request seeks information relating to trips to California occurring after SCEA sued
15 him. Subject to, and without waiving any of

the foregoing objections, Mr. Hotz responds

16 as follows:
17 Mr. Hotz entered California in April

2009 for approximately one week.

18 Mr. Hotz was working for Google at the time.
19 Mr. Hotz entered California in August 2009 for

approximately one week.

20 Mr. Hotz was working for Google at the time.

21 Mr. Hotz entered California in October 2009 to assist friends compete in
22 the Regolith Excavation Challenge.

23 Mr. Hotz entered California in August 2010 for several days. The purpose
24 for the visit was tourism and leisure.

25 INTERROGATORY NO.3: IDENTIFY all PERSONS located, head26 quartered or conducting business or work in California for whom YOU have provided

27 any servces for hire, whether paid or unpaid, including but not limited to all employers,
28 contractors, and/or any PERSONS for whom YOU have provided consulting servces.

-324045.01/4841-7608-3208, V. 1

HoTZ RESPONSES TO FIRST

SET OF INTRROGATORIES

(No. ll-CV-000167 SI)

1 RESPONSE TO INTERROGATORY NO.3: Mr. Hotz incorporates by
2 reference each and every one of his general objections. Mr. Hotz objects on the grounds

3 that the request is overbroad, burdensome, oppressive and harassing. Further, the re-

4 quest is overbroad in that it seeks more than jurisdictional discovery. The fact that a
5 company conducts business in, or is headquartered in California is in and of itself unre6 lated to Mr. Hotz's contacts with California. If

Mr. Hotz worked at Walgreens in New

7 Jersey, Walgreens' presence in California would not support personal jurisdiction over

8 Mr. Hotz. Mr. Hotz will IDENTIFY all PERSONS that he provided servces to, which
9 servces were directed at California. Subject to and without waiving the foregoing objec-

10 tions, Mr. Hotz responds as follows:

11 Mr. Hotz has performed servces for Google, Inc. Google Inc., 1600 Am12 phitheatre Parkway, Mountain View, California 94043; [phone].

13 Mr. Hotz has performed contract work for Wholesale Cellutions. Whole14 sale Cellutions, 4343 Ocean View Boulevard, Montrose, California 91020-1295; tele15 phone [phone].

16 REVISED INTERROGATORY NO.4: IDENTIFY all COMMUNICA17 TIONS between YOU and any PERSONS between January 1, 2010 and the present RE18 LATED TO SCEA, the PS3 SYSTEM (including its Other OS feature and its keys) or the

19 CIRCUMVNTION DEVICES.

20 RESPONSE TO REVISED INTERROGATORY NO.4: Mr. Hotz in21 corporates by reference each and every one of his general objections. Plaintiff objects on

22 the grounds that the request is burdensome, oppressive, overbroad, harassing and out23 side the scope of jurisdictional discovery and is not reasonably calculated to lead to the
24 discovery of admissible evidence.

Further, Plaintiff objects on the grounds that the re-

25 quest may include communications that are attorney-client privileged or protected work

26 product.
27 Subject to, and without waiving the foregoing objections, and assuming the
28 request seeks only non-privileged communications Mr. Hotz responds as follows:

-424045.01/4841-7608-3208, V. 1

HoTZ RESPONSES TO FIRST SET OF INTRROGATORIES
(No. ii-cv-oooi67 81)

1 In connection with Plaintiffs Request for Production Nos. 18 and 25, Mr.
2 Hotz is producing documents from less burdensome sources reflecting communications

3 if any exist. Should responsive documents exist, information suffcient to identify com4 munications is present therein.
5

REVISED INTERROGATORY NO.5: IDENTIFY all PERSONS to

6 whom YOU personally provided, distributed andjor offered the CIRCUMVNTION DE7 VICES. 8

RESPONSE TO REVISED INTERROGATORY NO. s: Not applica-

9 ble. Mr. Hotz never personally provided, distributed andj or offered the CIRCUMVN10 TION DEVICES to anybody.
11

INTERROGATORY NO.6: State when and how YOU provided, distri-

12 buted or offered CIRCUMVNTION DEVICES to each PERSON identified in response to
13 Interrogatory NO.5 including to what address (email or otherwse) YOU provided the

14 CIRCUMVNTION DEVICES.

15 RESPONSE TO INTERROGATORY NO.6: Not applicable.
16 REVISED INTERROGATORY NO.7: IDENTIFY all STORAGE SYS17 TEMS YOU use or have used to store the CIRCUMVNTION DEVICES.

18 RESPONSE TO REVISED INTERROGATORY NO.7: Mr. Hotz in19 corporates by reference each and every one of his general objections. Mr. Hotz objects

20 on the grounds that the request is obviously outside the scope of jurisdictional discovery

21 and is therefore irrelevant. Further the request is not reasonably calculated to lead to
22 the discovery of admissible evidence.

23 Notwthstanding the foregoing objections, Mr. Hotz responds as follows:
24 Mr. Hotz stored the CIRCUMVNTION DEVICES on the impounded hard
25 drives, the impounded TI-89 calculator (PSJB89), and a Micro Center 1GB blue USB

26 stick. The CIRCUMVNTION DEVICE was deleted from the USB stick prior to the filing

27 of this lawsuit.
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INTERROGATORY NO.8: IDENTIFY the FAILOVERFLOW DEFEN-524045.01/4841-7608-3208, V. 1
HoTZ RESPONSES TO FIRST

SET OF INTRROGATORIES
(No. ii-cv-oooi67 SI)

i DANS.
2

RFPONSE TO INRROGATORY NO.8: Mr. Hotz incorporates by
his general objecons. Mr. Hotz objects on the grounds

3 reference each and everyone of

4 that the request is outside the scope of juridictional discovery and is therefore irele5 vat. Without waving the objections, Mr. Hotz responds as follows:

6 Mr. Hotz did not know the real names of Sven and Marean unti this law7 suit wa fied. Furer, Mr. Hotz does not know where they live or where they work.

8 Mr. Hotz does not know the rea name of Segher, where he or she lives, or
9 where he or she works.

10

Mr. Hotz doe not know the real name of

Bushing and does not know

11 where he lives or where he works.
12

INTERROGATORY NO.9: IDENTIFY any PERON fuishing infor-

13 mation for YOUR response to these interrgatories, designatig the number of the inter-

14 rogatory for which that PERSON furnished informtion.

15 RFPONSE TO INERROGATORY NO; 9: George Hotz. 183 Boule16 Yard, Glen Rock, New Jersey 07452. Mr. Hotz is currently unemployed. Mr. Hotz's lat

17 employer wa Gogle, Inc. Al interrogatories.
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Dated: March 7, 2011.

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ß-;;~..
Stewart Kellr

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Attorney for Defendat George Hotz

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-624045.01/4841~768-3208, V. 1

HOT REPONSES TO FIRS
SET OF INTRROGATORIES
(No. ii-cv-oooi67 SI)

1

PROOF OF PERSONAL SERVICE
I am over the age of eighteen years of age, not a part to this action, and

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employed in the City and County of San Francisco at the law offces of MBV Law LLP,
855 Front Street, San Francisco, California 94111.

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5

On March 7, 2011, I served the attached Defendant George Hotz's Res-

6
7

ponses to Plaintiffs First Set of Jurisdictional Interrogatories by causing a true and correct copy to be personally delivered to:
Holly Gaudreau, Esq. Kilpatrick Townsend & Stockton LLP Two Embarcadero Center, 8th Floor
San Francisco, California 94111

8
9
10

11 I declare under penalty of perjury under the laws of the State of California
12 that the foregoing is true and correct and that this declaration was executed on March 7,
13 2011 at San Francisco, California.
14
15

Eileen Van Matre

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24045.01/4837-0174-3368, v. 1
PROOF OF PERSONAL SERVICE