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

Filing 119

Joint MOTION for Extension of Time to File Response/Reply as to 111 Defendant's MOTION to Compel Responses to Discovery from Plaintiffs and Memorandum of Law, 108 Plaintiff's MOTION to Compel RESPONSES TO SUBPOENA TO THIRD PARTY LEMURIA COMMUNICATIONS, INC., 110 Plaintiff's MOTION to Compel RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES Joint Motion and Memorandum of Law of Plaintiffs, Defendants, and Non-Party Lemuria Communications, Inc. for Extension of Time to File Responses and Replies to Pending Motions to Compel (Dkt. Nos. 108, 110, 111) by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. (Attachments: # 1 Text of Proposed Order)(Stetson, Karen)

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, DEFENDANTS,
AND NON-PARTY LEMURIA COMMUNICATIONS, INC. FOR EXTENSION OF
TIME TO FILE RESPONSES AND REPLIES TO PENDING MOTIONS TO COMPEL
(Dkt. Nos. 108, 110, 111)
Plaintiffs Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal
City Studio Productions LLLP, Columbia Pictures Industries, Inc., and Warner Bros.
Entertainment Inc. (collectively “Plaintiffs”); Defendants Hotfile Corp. and Anton Titov
(collectively “Defendants”) (Plaintiffs and Defendants are collectively the “Parties”); and nonparty Lemuria Communications, Inc. (“Lemuria”), move pursuant to Rule 6(b)(1)(A) of the
Federal Rules of Civil Procedure for an extension of time for each Party and Lemuria to serve
pleadings or other papers in response and reply to Plaintiffs’ Motion to Compel Responses to
Requests for Production of Documents and Interrogatories (Dkt. No. 110) (“Plaintiffs’ Motion to
Compel”) and Plaintiffs’ Motion to Compel Responses to Subpoena to Third Party Lemuria
Communications, Inc. (“Lemuria”) (Dkt. No. 108) (“Motion to Compel Against Lemuria”) and
Defendants’ Motion to Compel Responses to Discovery from Plaintiffs (Dkt. No. 111)
(“Defendants’ Motion to Compel”). All of these motions were filed on August 3, 2011. The
Parties and Lemuria move for an entry of Order that sets August 26, 2011 as the response

deadline for the motions and September 9, 2011 as the deadline for reply briefs. The grounds for
this Joint Motion are set forth below in the accompanying memorandum of law.
MEMORANDUM OF LAW
Under present deadlines, papers in opposition to the pending motions to compel are due
on August 22, and reply papers in support of these motions are due seven days after opposition
memoranda are filed. The Parties and Lemuria respectfully request that the Court extend the
deadlines to file such oppositions and replies in response to the above-listed motions to the time
indicated above.
This Joint Motion is not filed for purposes of delay or for any improper purpose but to
provide additional time needed by counsel to prepare their respective pleadings. Neither Party,
nor Lemuria, will be prejudiced by the Court granting this Joint Motion for Extension of Time.
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).
CONCLUSION
On the basis of the foregoing, the Parties and Lemuria respectfully request that both
Parties, as well as third-party Lemuria, be given additional time to file their pleadings or other
papers in response and reply to the pending motions to compel (Dkt. Nos. 108, 110, 111) as set
forth herein.
CERTIFICATE OF GOOD FAITH CONFERENCE
I HEREBY CERTIFY that counsel for Plaintiffs, Defendants, and third party Lemuria
Communications, Inc. have met and conferred regarding the relief requested in this Joint Motion,
and Karen L. Stetson, Plaintiffs’ counsel who makes this joint filing on behalf of all Parties, also
has authorization from counsel for Defendants and Lemuria Communications, Inc. to file the
Joint Motion on behalf of Defendants and Lemuria Communications, Inc.
By: /s/ Karen L. Stetson
Karen L. Stetson

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Dated: August 17, 2011

Respectfully submitted,
By: /s/ Karen L. Stetson
Karen L. Stetson
GRAY-ROBINSON, P.A.
1221 Brickell Avenue
16th Floor
Miami, Fl 33131
Telephone: [phone]
Facsimile: [phone]

MOTION PICTURE ASSOCIATION
OF AMERICA, INC.
Karen R. Thorland (Pro Hac Vice)
15301 Ventura Blvd.
Building E
Sherman Oaks, CA 91403
Phone: [phone]
Fax: [phone]

JENNER & BLOCK LLP
Steven B. Fabrizio (Pro Hac Vice)
Duane C. Pozza (Pro Hac Vice)
Luke C. Platzer (Pro Hac Vice)
1099 New York Ave., N.W.
Suite 900
Washington, DC 20001
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

Dated: August 17, 2011

Respectfully submitted,
/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
Email: [e-mail]
Roderick M. Thompson (Admitted pro hac vice)
[e-mail]
Andrew Leibnitz (Admitted pro hac vice)
[e-mail]
Anthony P. Schoenberg (Admitted pro hac vice)
[e-mail]
Deepak Gupta (Admitted pro hac vice)
[e-mail]
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Janel Thamkul (Admitted pro hac vice)
[e-mail]
FARELLA BRAUN & MARTEL LLP
235 Montgomery St.
San Francisco, CA 94104
Telephone: [phone]
Telecopy: 415.954.4480
Counsel for Defendants and Lemuria
Communications, Inc.

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 17th Day of August, 2011, I served the following
document via overnight delivery to Andrew Leibnitz, counsel for Lemuria Communications, Inc.
at his listed address on the attached service list.
In addition, I served the following document on all counsel of record on the attached
service list via the Court’s CM/ECF filing system:
Joint Motion of Plaintiffs, Defendants, and Non-Party Lemuria Communications,
Inc. for Extension of Time to File Responses and Replies to Pending Motions to
Compel (Dkt. Nos. 108, 110, 111)
I further certify that I am admitted to the United States Court for the Southern District of Florida
and certify that this certificate of Service was executed on this date.
By: /s/ Karen L. Stetson
Karen L. Stetson

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SERVICE LIST
Disney Enterprises, Inc., et al. v. Hotfile Corp. et al.
CASE NO. 11-CIV-20427-JORDAN

RASCO KLOCK
Janet T. Munn
[e-mail]
283 Catalonia Ave., Suite 200
Coral Gables, FL 33134
Phone: [phone]
Fax: [phone]

FARELLA BRAUN + MARTEL LLP
Anthony P. Schoenberg
[e-mail]
Roderick M. Thompson
[e-mail]
N. Andrew Leibnitz
[e-mail]
Deepak Gupta
[e-mail]
Janel Thamkul
[e-mail]
235 Montgomery Street
San Francisco, CA 94104
Phone: [phone]

Attorney for Defendants Hotfile Corp. and
Anton Titov

Attorneys for Defendants Hotfile Corp. and
Anton Titov

BOSTON LAW GROUP, PC
Valentin Gurvits
[e-mail]
825 Beacon Street, Suite 20
Newton Centre, MA 02459
Phone: [phone]
Attorneys for Defendants Hotfile Corp. and
Anton Titov

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