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

Filing 100

Joint MOTION for Extension of Time To File Selected Motions to Compel and for Defendants to File Their Answers and Counterclaims and Memorandum of Law by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Hotfile Corp., Anton Titov, Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. Responses due by 8/1/2011 (Munn, Janet)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-JORDAN
DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM CORPORATION,
UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES, INC., and
WARNER BROS. ENTERTAINMENT INC.,
Plaintiffs,
v.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.
Defendants.
/
JOINT MOTION AND MEMORANDUM OF LAW OF PLAINTIFFS AND
DEFENDANTS FOR EXTENSION OF TIME FOR THE PARTIES
TO FILE SELECTED MOTIONS TO COMPEL AND FOR
DEFENDANTS TO FILE THEIR ANSWERS AND COUNTERLCLAIMS
Plaintiffs, Disney Enterprises, Inc.; Twentieth Century Fox Film Corporation;
Universal City Studios Productions LLLP; Columbia Pictures Industries, Inc.; and
Warner Bros. Entertainment Inc. (collectively “Plaintiffs”) and Defendants, Hotfile Corp.
and Anton Titov (collectively “Defendants”) (Plaintiffs and Defendants are collectively
the “Parties”), move pursuant to Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure,
for an extension of time to file motions to compel the grounds for which were existing as
of the July 8, 2011 status conference. At the July 8 status conference the Court gave the
Parties to and including July 22, 2011, to file such motions to compel. The Parties
respectfully request that the Court extend the deadline to file such motions to compel to

CASE NO. 11-20056-JORDAN

and including August 3, 2011. This additional time will permit the Parties to further
confer to determine if there are additional ways to narrow the motions.
Additionally, it is requested that the Court extend the time for Defendants to file
their Answers and any Counterclaims from July 22, 2011, to and including September 26,
2011. This will afford counsel for Defendants and Plaintiffs time to confer and to
complete their investigations and preliminary discovery of potential Counterclaims. The
grounds supporting this Joint Motion to Enlarge Time are set forth below in the
accompanying memorandum of law.
MEMORANDUM OF LAW
This Joint Motion is not filed for purposes of delay or for any improper purpose,
but to provide the minimum amount of time needed by counsel for Plaintiffs and
Defendants to discuss ways to narrow their disputes and to prepare the above-stated
motions.
Defendants believe that they may have a counterclaim against at least one of the
Plaintiffs under the Digital Millennium Copyright Act (“DMCA.”), 17 U.S.C. § 512(f),
for improperly taking down files from Hotfile.com’s site without authorization of the
copyright owner. While the Plaintiff disagrees, it has agreed to a Rule 30(b)(6)
deposition so that Defendants may explore the issue. The deposition has been postponed
pending completion of document productions by both parties that will enable the Plaintiff
to complete its investigation into these allegations. The parties have agreed that, subject
to timely completing of relevant document productions, the Rule 30(b)(6) deposition will
be taken on September 14, 2011, and, therefore, that Hotfile may file its answer and any

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CASE NO. 11-20056-JORDAN

counterclaims on or before September 26, 2011, 12 days after the rescheduled date for
that deposition.
Neither party will be prejudiced by the extensions of time that are sought in this
Joint Motion and granting the Joint Motion will not delay this cause. The Court has
authority pursuant to Rule 6 of the Federal Rules of Civil Procedure to grant extensions
of time. See Fed. R. Civ. P. 6(b)(1)(A).
CONCLUSION
On the basis of the foregoing, the Parties respectfully request that they be given to
and including August 3, 2011, to file motions to compel the grounds of which were
existing as of the date of the July 8, 2011 status conference and that Defendants be given
to and including September 26, 2011, to file their Answers and Counterclaims. A
proposed Order is being submitted to the Court via e-mail.
CERTIFICATE OF GOOD FAITH CONFERENCE
I hereby certify that counsel for Defendants, Janet T. Munn, Esq., the counsel who
makes this joint filing on behalf of all the Parties, has authorization from counsel for
Plaintiffs to file the Joint Motion on behalf of Plaintiffs, as well as the Defendants whom
she represents.
s/ Janet T. Munn
Janet T. Munn
DATED: July 15, 2011
Respectfully submitted,

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CASE NO. 11-20056-JORDAN

By: s/Karen L. Stetson
Karen L. Stetson, Fla. Bar No. 742937
GRAY-ROBINSON, P.A.
1221 Brickell Avenue
Suite 1600
Miami, FL 33131
Telephone: [phone]
Telecopy: 305.416.6887

By: s/ Janet T. Munn
Janet T. Munn, Fla. Bar No. 501281
RASCO KLOCK
283 Catalonia Avenue, Suite 200
Coral Gables, Fl 33134
Telephone: [phone]
Telecopy: 305.476.7102

Steven B. Fabrizio (admitted pro hac vice)
Duane C. Pozza (admitted pro hac vice)
Luke C. Platzer (admitted pro hac vice)
JENNER & BLOCK LLP
1099 New York Avenue, N.W.
Suite 900
Washington, D.C. 20001
Telephone: [phone]
Telecopy: 202.639.6066

Roderick M. Thompson (admitted pro hac vice)
Andrew Leibnitz (admitted pro hac vice)
Deepak Gupta (admitted pro hac vice)
Janet Thamkul (admitted pro hac vice)
FARELLA BRAUN + MARTEL LLP
235 Montgomery Street
San Francisco, CA 94104
Telephone: [phone]
Telecopy: 415.954.4480

Karen R. Thorland (admitted pro hac vice)
MOTION PICTURE ASSOCIATION
OF AMERICA, INC.
15301 Ventura Boulevard
Building E
Sherman Oaks, CA 91403
Telephone: [phone]
Telecopy: 818.285.4403

Valentin Gurvits (admitted pro hac vice)
BOSTON LAW GROUP, PC
825 Beacon Street, Suite 20
Newton Centre, Suite 20
Newton Centre, MA 02459
Telephone: [phone]
Telecopy: 617.928.1802

Counsel for Plaintiffs

Counsel for Defendants
Hotfile Corporation and Anton Titov

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CASE NO. 11-20056-JORDAN

CERTIFICATE OF SERVICE
I hereby certify that on July 15, 2011, the foregoing document was served on all
counsel of record or pro se parties identified below either via transmission of Notices of
Electronic Filing generated by CM/ECF or in some other authorized manner for those
counsel or parties who are not authorized to receive electronically Notices of Electronic
Filing.
By: s/Janet T. Munn
Janet T. Munn
Karen L. Stetson, Fla. Bar No. 742937
GRAY-ROBINSON, P.A.
Email: [e-mail]
1221 Brickell Avenue
Suite 1600
Miami, FL 33131
Telephone: [phone]
Telecopy: 305.416.6887
Steven B. Fabrizio (admitted pro hac vice)
Email: [e-mail]
Duane C. Pozza (admitted pro hac vice)
Email: [e-mail]
Luke C. Platzer (admitted pro hac vice)
Email: [e-mail]
JENNER & BLOCK LLP
1099 New York Avenue, N.W.
Suite 900
Washington, D.C. 20001
Telephone: [phone]
Telecopy: 202.639.6066
Karen R. Thorland (admitted pro hac vice)
MOTION PICTURE ASSOCIATION
OF AMERICA, INC.
Email: [e-mail]
15301 Ventura Boulevard
Building E
Sherman Oaks, CA 91403
Telephone: [phone]
Telecopy: 818.285.4403
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