Sony Computer Entertainment America LLC v. Hotz et al

Filing 94

Letter from [Joint] Plaintiff SCEA and Defendant George Hotz re Proposed Order for March 10, 2011 Hearing. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit A)(Smith, Mehrnaz) (Filed on 3/14/2011)

Sony Computer Entertainment America LLC v. Hotz et al

Doc. 94 Att. 9

EXHIBIT 9

Dockets.Justia.com

Page 1 of 1

Gaudreau, Holly

From: Gaudreau, Holly
Sent: Sunday, March 13,2011 10:25 PM
To: 'google-legal-support(fgoogle.com'
Subject: Attention: Kalynn (SCEA v. Hotz, et al.)

Attachments: 2011-03-10 (92) Civil Minute Order.pdf
Sony Computer Entertainment America LLC v. Hotz, et a/. Case No. C-11-00167 (JCS) SI
Dear Kalynn:

As you know, we are counsel for Sony Computer Entertainment America LLC. I am following up on my voice mail from last Friday (March 11, 2011) regarding the subpoenas that were served on Google and YouTube in connection with the above referenced matter.
The Court has ordered us to advise you that the subpoena has been issued without prejudice to your right to file a Motion to Quash. Further, any information provided pursuant to the subpoena shall be designated as "Attorneys'

Eyes Only." Please see the attached Order.
Please give me a call back to discuss the subpoenas. Thank you very much.

Sincerely,
Holly Gaudreau

Holly Gaudreau Kilpatrick Townsend & Stockton LLP Eighth Floor i Two Embarcadero Center I San Francísco, CA 94111 office 415 273 4324 i fax [phone] hgaudreau(fkilpatricktownsend.com i My profile! YCarq

3/14/2011

Case3: 11-cv-00167 -81 Document92 Filed03/10/11 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CIVIL MINUTE ORDER
CASE NO. C 11-00167 JCS
CASE NAME: SONY COMPUTER ENTERTAINMENT v. GEORGE HOTZ
MAGISTRATE JUDGE JOSEPH C. SPERO

COURTROOM DEPUTY: Karen Hom

DATE: March 10, 2011
COUNSEL FOR PLAINTIFF:

TIME: 45 M

COURT REPORTER: Lydia Zinn
COUNSEL FOR DEFENDANT:

James Gililand, Mehrnaz Boroumand Smith Holly Gaudreau

Jack Praetzells & Stewart Kellar

PROCEEDINGS:

RULING:

1. Telephonic Discovery Hearing re: Joint Letter
on Impoundment Issues (docket no. 86)

2. Joint Letter re: Discovery (docket no. 85)
ORDERED AFTER HEARING:

Pursuant to the Order signed on 3/3/11, docket no. 90, it is ordered that the issuance of the subpoenas is without prejudice to the subpoenaed party to file a Motion to Quash. Any information provided pursuant to the subpoena shall be provided on an "Attorneys' Eyes" only.

Court issued rulings on the record as to docket nos. 85 and 86. Plaintiff to prepare Order, with agreed to form by Defendant, no later than the close of business on 3/14/11.
ORDER TO BE PREPARED BY:
CASE CONTINUED TO:
Number of Depos:
Expert Disclosure:

(X) piaintiff 0 Defendant

o Court

Number of Experts:

Discovery Cutoff:
Expert Discovery Cutoff:

Expert Rebuttal:
at 9:30 a.m.

Motions Hearing:

Pretrial Conference:

at 1:30 p.m.

Trial Date:
cc: Chambers; Karen
* (T) = Telephonic Appearance

at 8:30 a.m. OJury OCourt

Set for days

Page 1 of 1

Gaudreau, Holly

From: Gaudreau, Holly
Sent: Monday, March 14,2011 11:49 AM

To: 'subpoenas(fsoftlayer.com'
Subject: SCEA v. Hotz - Subpoena served on 3/7/11
Attachments: 2011-03-10 (92) Civil Minute Order.

pdf; 2011-03-04 Subpoena Duces Tecum to SoftLayer

Technologies (2).PDF

Sony Computer Entertainment America LLC v. Hotz, et a/. Case No. C-11-00167 (JCS) SI

To Whom It May Concern:
We are counsel for Sony Computer Entertainment America LLC. We are writing to follow up on the subpoena that was served on SoftLayer in connection with the above referenced matter. A copy of the subpoena is enclosed for your reference.
The Court has ordered us to advise you that the subpoena has been issued without prejudice to your right to file a Motion to Quash. Further, any information provided pursuant to the subpoena shall be designated as "Attorneys'

Eyes Only." Please see the attached Order.
If you have any questions, please do not hesitate to contact me.

Sincerely,
Holly Gaudreau

Holly Gaudreau Kilpatrick Townsend 8. Stockton LLP Eighth Floor i Two Embarcadero Center i San Francísco, CA 94111 office 415 273 4324 i fax [phone] hgaudreau(fkilpatricktownsend.com i My Profile I VCard

3/14/2011

Case3:11-cv-00167-SI Document92 Filed03/10/11 Page1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CIVIL MINUTE ORDER
CASE NO. C 11-00167 JCS
CASE NAME: SONY COMPUTER ENTERTAINMENT v. GEORGE HOTZ
MAGISTRATE JUDGE JOSEPH C. SPERO

COURTROOM DEPUTY: Karen Hom

DATE: March 10, 2011
COUNSEL FOR PLAINTIFF:

TIME: 45 M

COURT REPORTER: Lydia Zinn
COUNSEL FOR DEFENDANT:

James Gilliand, Mehrnaz Boroumand Smith Holly Gaudreau

Jack Praetzells & Stewart Kellar

PROCEEDINGS:

RULING:

1. Telephonic Discovery Hearing re: Joint Letter on Impoundment Issues (docket no. 86)

2. Joint Letter re: Discovery (docket no. 85)
ORDERED AFTER HEARING:

Pursuant to the Order signed on 3/3/11, docket no. 90, it is ordered that the issuance of the subpoenas is without prejudice to the subpoenaed party to file a Motion to Quash. Any information provided pursuant to the subpoena shall be provided on an "Attorneys' Eyes" only.

Court issued rulings on the record as to docket nos. 85 and 86. Plaintiff to prepare Order, with agreed to form by Defendant, no later than the close of business on 3/14/11.
ORDER TO BE PREPARED BY:
CASE CONTINUED TO:
Number of Depos:
Expert Disclosure:

(X) Plaintiff 0 Defendant

o Court

Number of Experts:

Discovery Cutoff: Expert Discovery Cutoff:

Expert Rebuttal:
at 9:30 a.m.

Motions Hearing:

Pretrial Conference:

at 1:30 p.m.

Trial Date:
cc: Chambers; Karen
* (T) = Telephonic Appearance

at 8:30 a.m. OJury OCourt

Set for days

Premises in a Civil Action
AO 88B (Rev. 06/09) Subpoena to Produce Documents, lnfoimation, or Objects or to Pennit Inspection of

UNITED STATES DISTRlCT COURT
for the
Nortern District of

Texas

Sony Computer Entertainment America LLC

Plaintif
v.

) ) )

Civil Action No. Miscellaneous
(If the action is pending in another district, state where:

George Hotz; Hector Martin Cantero; Sven Peter; and Does 1 through 100
Defendant

) )
)

USDC ND CaL., C-l 1-00167 SI

SUBPOENA TO PRODUCE DOCUMENTS, INFORMTION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To: SoftLayer Technologies, Inc., 4849 Alpha Road, Dallas, TX 75244

d Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following the
documents, electronically stored information, or objects, and pennit their inspection, copying, testing, or sampling of

material: See Attachment A

Place: Kilpatrick Townsend & Stockton LLP Two Embarcadero Center, 8th Floor

Date and Time:

03/16/2011 10:00 am

San Francisco, CA 94111 Premises.' YOU ARE COMMANDED to permit entr onto the designated premises, land, or o Inspection of other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the propert or any designated object or operation on it.

I Place

I Date an Timo,
Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule not doing so, are

The provisions of

45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of

attached.
Date:
CLERK OF COURT

OR

Signature of

Clerk or Deputy Clerk

The name, address, e-mail, and telephone number of the attorney representing (name of party)

Sony Computer Entertainment America LLC ' who issues or requests this subpoena, are:
HollY Gaudreau, Esq., Kilpatrick Townsend & Stockton LLP, Two Embarcadero Center, 8th Fir., San Francisco, CA

94111; E-mail: hgaudreau(Qkilpatricktownsend.com; Telephone: [phone]

Premises in a Civil Action (Page 2)
AO 888 (Rev. 06/09) Subpoena to Produce Documents, lnfonmation, or Objects or to Penmit Inspection of

Civil Action No. Miscellaneous
PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and iitle, if any)

was received by me on (date)
o I served the subpoena by delivering a copy to the named person as follows:

on (daie)

; or

o I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its offcers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of
$

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of

perjury that this information is true.

Date:

Server's signature

Printed name and litle

Server's address

Additional information regarding attempted service, etc:

Premises in a Civil Action(Page 3)
AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena.
(1) Avoiding Undue Burden or Expelle; Sanctions. A part or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must enforce this

(d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically
stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary
course of

duty and impose an appropriate sanction - which may include lost earnings and reasonable attorney's fees - on a party or attorney
who fails to comply.

business or must organize and label them to correspond to

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or

the categories in the demand. (B) Formfor Producing Electronically Stored Information Not
Specifed. If a subpoena does not specifY a form for producing

to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear
for a deposition, hearing, or triaL.

electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to the materials or inspecting, copying, testing or sampling any or all of
to inspecting the premises - or to producing electronically stored

(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same
electronically stored information

in more than one form.

(D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored infoffiation from sources that the person identifies as not reasonably
accessible because of

information in the form or forms requested. The objection must be served before the earlier ofthe time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving
party may move the issuing court for an order compelling production
or inspection.

undue burden or cost. On motion to compel

discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows
good cause, considering the limitations of

Rule 26(b)(2)(C). The

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a part nor a party's offcer from significant expense resulting from compliance. (3) Quashilig or Modifilig a Subpoena. (A) When Required. On timely motion, the issuing court must
quash or modifY a subpoena that

(i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a part nor a party's offcer to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person - except that,

subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; privileged or. other protected matter, if (ii) requires disclosure of
no exception or waiver applies; or

court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under. a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without privileged or protected, wil enable the revealing information itself parties to assess the claim. (B) Information Produced. If information produced in response to a privilege or ofprotectíon as tral. subpoena is subject to a claim of preparation material, the person making the claim may notify any
party that received the information of

the claim and the basis for it.

(Iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modifY the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a pary; or (ii) a person who is neither a pary nor a party's officer to incur
substantial expense to travel more than 100 milçs to attend triaL.

After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take the par disclosed it reasonable steps to retrieve the information if
before being notified; and may promptly present the information to the claim. The person the court under seal for a determination of
who produced the information must preserve the information until

the claim is resolved.

(e) Contempt The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the the
subpoena. A nonpart's failure to obey must be excused if

subpoena purport to require the nonparty to attend or produce at a place outside the limits of RuJe 45(c)(3)(A)(ii).

(C) Specifing Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (I) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person wil be reasonably compensated.

ATTACHMENT A

INSTRUCTIONS

1. SoftLayer Technologies, Inc ("SoftLayer") is directed to furnish all
documents, including electronically stored information, in its possession, custody or

controL
2. As to any portion of any request that refers to documents that SoftLayer is

aware of which were at one time within its possession, custody or control, but which are
not now within or subject to its possession, custody or control, SoftLayer is directed to

identify such documents in a manner sufficient to describe such documents for the purpose of preparing and serving a proper subpoena duces tecum and to give the name, telephone number, and address of the person last known by SoftLayer to have

been in possession, custody or control of such documents.
3. If any document requested by this subpoena has been destroyed, set forth

the contents of the document, the date of its destruction, and the name of the person
who authorized its destruction.

DOCUMENT REQUESTS
1. All information and documents related to the use of your service(s) to

register, create, maintain and/or use the "psx-scene.com~ account associated with user
name "geohot".

2. Documents reproducing all content posted andlor published on "psxscene.com~ forums by the owner(s) and user(s) of the account identified in Request No.
1 above.

3. Documents reproducing all content posted andlor published on "psxscene.com~ forums by the "geohot" user name.

4. Documents sufficient to identify all names, email addresses, addresses,
and telephone numbers associated with the account(s) identified in Request NO.1

above.

5. Documents reproducing all server logs, IP address logs, account
information, account access records, and application or registration forms related to the

account identified in Request NO.1 above.

6. Documents reproducing all e-mails, correspondence, or other material
between you and the owner(s) or user(s) of the account identified in Request NO.1

above.
7. All documents related to any service that you have provided to the

owner(s) or user(s) of the account identified in Request NO.1 above at any time,

whether physically or electronically stored.

63137285 vI

Page 1 of 1

Gaudreau, Holly

From: Gaudreau, Holly
Sent: Sunday, March 13,2011 10:37 PM

To: 'Timothy Yip'
Subject: SCEA v. Hotz - Subpoena

Attachments: 2011-03-10 (92) Civil Minute Order.pdf
Sony Computer Entertainment America LLC v. Hotz, et a/. Case No. C-11-00167 (JCS) Si
Hi

Tim,

I am writing about the subpoena that was served on Twitter in connection with the above referenced matter. I look forward to hearing back from you regarding Mr. Hotz's Twitter account and whether Twitter has maintained copies of his Tweets that are the subject of the subpoena. In the meantime, I'm writing to let you know that the Court has ordered us to advise you that the subpoena has been issued without prejudice to your right to file a Motion to Quash. Further, any information provided pursuant to the subpoena shall be designated as "Attorneys' Eyes Only." Please see the attached Order.

Thanks again for your assistance. i look forward to hearing from you.

Sincerely,
Holly

Holly Gaudreau Kilpatrick Townsend 8. Stockton LlP Eighth Floor i Two Embarcadero Center! San Francisco, CA 94111 office 415 273 4324 i fax [phone] hgaudreaii(fkUpatricktownsend.com! My Profile I VCard

3114/2011

Case3:11-cv-00167-SI Document92 Filed03/10/11 Page1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CIVIL MINUTE ORDER
CASE NO. C 11-00167 JCS
CASE NAME: SONY COMPUTER ENTERTAINMENT v. GEORGE HOTZ
MAGISTRATE JUDGE JOSEPH C. SPERO

COURTROOM DEPUTY: Karen Hom

DATE: March 10, 2011
COUNSEL FOR PLAINTIFF:

TIME: 45 M

COURT REPORTER: Lydia Zinn
COUNSEL FOR DEFENDANT:

James Gillland, Mehrnaz Boroumand Smith Holly Gaudreau

Jack Praetzells & Stewart Kellar

PROCEEDINGS:

RULING:

1. Telephonic Discovery Hearing re: Joint Letter on Impoundment Issues (docket no. 86)

2. Joint Letter re: Discovery (docket no. 85)
ORDERED AFTER HEARING:

Pursuant to the Order signed on 3/3/11, docket no. 90, it is ordered that the issuance of the subpoenas is without prejudice to the subpoenaed party to file a Motion to Quash. Any information provided pursuant to the subpoena shall be provided on an "Attorneys' Eyes" only.

Court issued rulings on the record as to docket nos. 85 and 86. Plaintiff to prepare Order, with agreed to form by Defendant, no later than the close of business on 3/14/11.
ORDER TO BE PREPARED BY:
CASE CONTINUED TO:
Number of Depos:
Expert Disclosure:

(X) Plaintiff 0 Defendant

o Court

Number of Experts:

Discovery Cutoff:

Expert Rebuttal:
at 9:30 a.m.

Expert Discovery Cutoff:

Motions Hearing:

Pretrial Conference:

at 1:30 p.m.

Trial Date:
cc: Chambers; Karen
* (T) = Telephonic Appearance

at 8:30 a.m. OJury OCourt

Set for days

Page 1 of 1

Gaudreau, Holly

From: Gaudreau, Holly
Sent: Sunday, March 13, 201110:17 PM

To: 'legal(fbluehost.com'
Subject: SCEA v. Hotz - Subpoena

Attachments: 2011-03-10 (92) Civil Minute Order.pdf
Sony Computer Entertainment America LLC v. Hotz, et a/. Case No. C-11-00167 (JCS) SI
Dear Shari:
We are counsel for Sony Computer Entertainment America LLC. I am following up on my voice mail

last Friday morning (March 11, 2011) to the legal department regarding the subpoena that was served on Bluehost in connection with the above referenced matter.

The Court has ordered us to advise you that the subpoena has been issued without prejudice to your right to file a Motion to Quash. Further, any information provided pursuant to the subpoena shall be designated as "Attorneys'

Eyes Only." Please see the attached Order.
Since that time, on Friday afternoon, we received Bluehosts documents in response to the subpoena. Therefore, pursuant to the Court's order, we will treat this data as "Attorneys' Eyes Only. I have a few questions regarding the documents that have been produced. Please give me a call back to
discuss. Thank you very much.

Sincerely,
Holly Gaudreau

Holly Gaudreau Kilpatrick Townsend 8. Stockton LLP Eighth Floor i Two Embarcadero Center ¡ San Francisco, CA 94111 office 415 273 4324 i fax [phone] ll9aLlçlreau(fkilpEltriçktownsend.com I My Profile ¡ VCard

3114/2011

Case3: 11-cv-00167 -SI Document92 Filed03/10/11 Page1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CIVIL MINUTE ORDER
CASE NO. C 11-00167 JCS
CASE NAME: SONY COMPUTER ENTERTAINMENT v. GEORGE HOTZ
MAGISTRATE JUDGE JOSEPH C. SPERO

COURTROOM DEPUTY: Karen Hom

DATE: March 10, 2011
COUNSEL FOR PLAINTIFF:

TIME: 45 M

COURT REPORTER: Lydia Zinn
COUNSEL FOR DEFENDANT:

James Gililand, Mehrnaz Boroumand Smith Holly Gaudreau

Jack Praetzells & Stewart Kellar

PROCEEDINGS:

RULING:

1. Telephonic Discovery Hearing re: Joint Letter
on Impoundment Issues (docket no. 86)

2. Joint Letter re: Discovery (docket no. 85)
ORDERED AFTER HEARING:

Pursuant to the Order signed on 3/3/11, docket no. 90, it is ordered that the issuance of the subpoenas is without prejudice to the subpoenaed party to file a Motion to Quash. Any information provided pursuant to the subpoena shall be provided on an "Attorneys' Eyes" only.

Court issued rulings on the record as to docket nos. 85 and 86. Plaintiff to prepare Order, with agreed to form by Defendant, no later than the close of business on 3/14/11.
ORDER TO BE PREPARED BY:
CASE CONTINUED TO:
Number of Depos:
Expert Disclosure:

(X) Plaintiff 0 Defendant

o Court

Number of Experts:

Discovery Cutoff:
Expert Discovery Cutoff:

Expert Rebuttal:
at 9:30 a.m.

Motions Hearing:

Pretrial Conference:

at 1:30 p.m.

Trial Date:
cc: Chambers; Karen . (T) = Telephonic Appearance

at 8:30 a.m. OJury OCourt

Set for days