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. 4

EXHIBIT D
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

EXHIBIT D
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

". ~ KILPATRICK .., TOWNSEND
ATTORNEYS AT LAW

KILPATRICK TOWNSEND & STOCKTON LLP

www.kìlpatrìckiownsend.com

Holly Gaudreau 4152734324 hgaudreau~ki1patrcktownsend.com

March 15,2011

VIA EMAIL at stewart(â)etrny.com and
jack~bvlaw. com

Stewart Kellar, Esq.
E-attomey at LawTM

Jack C. Praetzellis, Esq.

MBVLawLLP
855 Front St.
San Francisco, CA 9411 1

148 Townsend St., Ste. 2 San Francisco, CA 94107

Re: Sony Computer Entertainment America LLC v. Hotz, et al. Case No. C-L 1-00167 SI (N.D. Cal)

Gentlemen:

Weare writing to propose that the parties agree to a two-week extension for the hearing on the motion to dismiss currently scheduled for April 8, 2011, and request that the Court reschedule the hearing for April 22, 2011. The Initial Case Management Conference is also the scheduled on that date. We believe that such an extension is waranted because much of jurisdictional discovery wil not be produced until after the current deadline for SCEA's the PS3 opposition, March 18, 2011. We are also writing to follow-up on SCEA's inspection of consoles.
As you know, there are a number of outstanding jurisdictional discovery issues that need to be resolved:
Documents responsive to the PayPal subpoena: The language of

the proposed order

regarding the PayPal subpoena is currently before Judge Spero. After the Court rules and the subpoena is issued, PayPal will need sufficient time to produce responsive documents. This wil not happen before SCEA's opposition is due.
Other third party jurisdictional discovery: We are still awaiting responsive documents
from Google, Y ouTube, SoftLayer and Twitter and do not expect to receive them prior to

SCEA's opposition. For example, Google has informed us that they do not intend to produce documents until 20 days after the subpoena has been served. Therefore, we do not expect to receive documents from them until March 28,2011, at the earliest.

YORK OAKLAND PALO ALTO RALEIGH SAN DIEGO SAN FRANCISCO SEATTLE STOCKHOLM TAIPEI TOKYO WALNUT CREEK WASHINGTON, DC WINSTON-SALEM ATLANTA AUGUSTA CHARLOTTE DENVER CUBAI NEW

March 15, 2011
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the Court's order Jurisdictional discovery on the impounded devices: The language of relating to the jurisdictional discovery Magistrate Judge Spero ordered is currently before Judge Spero. After the Court rules, TIG wil need suffcient time to conduct searches for responsive materials based on the agreed upon protocols. Responsive materials, therefore, wil not be produced prior to SCEA's opposition.
Mr. Hotz's insuffcient discovery responses and lack of received a response to our letter of verification:

We still have not

March 9,2011 outlining the many deficiencies in Mr. Hotz's

discovery responses, including his inadequate document production. Moreover, Mr. Hotz has failed to verify his interrogatory responses, which are thus incomplete.

Mr. Hotz's deposition: Although the Court has already ruled that Mr. Hotz's deposition should be taken, in yesterday's joint letter Mr. Hotz has asked the Court to revisit this issue yet again. After the Court rules, the parties will need to agree on a date for the deposition. It is our understanding that it may take some time to schedule the deposition and give Mr. Hotz sufficient
notice for travel to California.

Discovery served on SCEA: On March 7,2011, Mr. Hotz served Requests for Production and Interrogatories on SCEA and demanded an expedited response within two weeks Mr. Hotz wanted the discovery from SCEA so quickly, he should have (i.e., March 21,2011). If served his requests earlier. Indeed, SCEA served its original jurisdictional discovery on
February 4, 201 1. As it stands, much of the requested discovery is overbroad and beyond the

scope of jurisdictional discovery. SCEA will need more time to respond to this discovery and possibly time to meet and confer.

Inspection ofMr. Hotz's PS3 consoles: We wrote to you on February 26,2011 to schedule this inspection, but you did not respond. Mr. Hotz then served his objections to the inspection on March 7, 2011. This is now our second attempt to schedule the inspection. SCEA is amenable to conducting the inspection in New Jersey at an agreed upon location. With regard the inspection, SCEA, through its technical experts, intends to: to the scope of
(1) Conduct a visual examination of each of the PS3 consoles identified by Mr. Hotz, including both the internal and external views of each console as well as a snapshot of the XMB for each console.
taking photographs of (2) Conduct a visual examination of provided with each of

the packaging for and manuals and other documentation the PS3 consoles identified by Mr. Hotz, including taking photographs of

these materials.

(3) Make two forensic images of each PS3 console identified by Mr. Hotz. One image wil be be used sent to TIG for maintenance as a pristine copy of each PS3 console and the second will by SCEA for its analysis.

March 15,2011
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(4) Connect to the PlayStation Network (by creating a new user account) using each PS3 console identified by Mr. Hotz. Please provide dates for the inspection, as well as a proposed location.
Given the above items, it is clear that SCEA will not have obtained all of

the

jurisdictional discovery sought by it before March is, 2011, and not for lack of effort. Please let us know by the close of business today whether or not you are amenable to fiing a stipulation with the Court to request the two-week extension for the briefing and hearing date as set forth below.

SCEA's Opposition - April 1,2011 Hotz's Reply - AprilS, 2011 Hearng - April 22, 201 1
Very truly yours,

63209061 vI

Page 1 of 1

Lott, Shelley G.
From: Sent: To: Cc: Subject: Lott, Shelley G. Tuesday, March 15, 2011 11:00 AM '[e-mail]'; '[e-mail]' Gaudreau, Holly Sony v. Hotz (Case No. C-11-00167 SI) -- 2011-03-15 Letter to Stewart Kellar and Jack Praetzellis

Attachments: 2011-03-15 Letter to S Kellar and J Praetzellis.pdf Please see attached letter of today's date. Thank you.

Shelley Lott Legal Secretary Kilpatrick Townsend & Stockton LLP Eighth Floor | Two Embarcadero Center | San Francisco, CA 94111 office 415 273 7516 | fax [phone] [e-mail] | www.kilpatricktownsend.com

3/15/2011