Disney Enterprises, Inc. et al v. Hotfile Corp. et al
Filing
120
Agreed MOTION for Extension of Time to File A Motion to Compel With Respect to "Plaintiffs' Consolidated Responses and Objections to Defendant Hotfile Corp.'s Second Set of Requests for Production of Documents by Hotfile Corp.. Responses due by 9/9/2011 (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.
/
AGREED MOTION AND MEMORANDUM OF LAW OF
DEFENDANT HOTFILE CORP. FOR ENLARGEMENT OF TIME
TO FILE A MOTION TO COMPEL WITH RESPECT TO “PLAINTIFFS’
CONSOLIDATED RESPONSES AND OBJECTIONS TO DEFENDANT HOTFILE
CORP.’S SECOND SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS”
Defendant, Hotfile Corp. (“Hotfile”) moves pursuant to Rule 6(b)(1)(A) of the Federal
Rules of Civil Procedure for enlargement of time to serve a motion to compel with respect to
“Plaintiffs’ Consolidated Responses and Objections to Defendant Hotfile Corp.’s Second Set of
Requests for Production of Documents” (“Plaintiffs’ Objections to Hotfile’s Second Request to
Produce”). The grounds supporting this Agreed Motion are set forth below in the accompanying
memorandum of law.
CASE NO. 11-20056-JORDAN
MEMORANDUM OF LAW
Under the present deadline, Hotfile’s motion to compel with respect to Plaintiffs’
Objections to Hotfile’s Second Request to Produce would be due August 29, 2011. Since
Plaintiffs’ Objections were served on July 28, 2011, counsel for Hotfile has been fully occupied
with other matters in this case, including preparing Answers to the Complaint and responding to
discovery and attempting to resolve other discovery disputes.
Undersigned Counsel needs
additional time to engage in and complete the meet and confer process required by Local Rule
7.1(a)(3). For these reasons, Hotfile requests that it be given to and including, September 28,
2011, to file any motion to compel with respect to Plaintiffs’ Objections to Hotfile’s Second
Request to Produce.
This request for extension of time is not filed for purposes of delay or for any improper
purpose, but to provide the minimum amount of time needed by counsel for Hotfile and Plaintiffs
to try to resolve some or all of the potential disputes with respect to Hotfile’s Second Request to
Produce and thereby reduce or eliminate the need for a motion to compel. Plaintiffs will not be
prejudiced by the Court granting this Agreed Motion to Enlarge Time and, indeed, have agreed
to the requested extension of time. The Court has authority pursuant to Rule 6(b) of the Federal
Rules of Civil Procedure to grant extensions of time, when as here, justice so requires. See Fed.
R. Civ. P. 6(b)(1)(A).
CONCLUSION
On the basis of the foregoing, Hotfile respectfully requests that it be given to and
including September 28, 2011, to file a motion to compel with respect to Plaintiffs’ Objections to
Hotfile’s Second Request to Produce. A proposed order on this Agreed Motion has been
submitted via electronic mail.
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CASE NO. 11-20056-JORDAN
CERTIFICATE OF GOOD FAITH CONFERENCE
I hereby certify that counsel for the movant, Andrew Leibnitz, conferred with all parties
or non-parties who may be affected by the relief sought in this motion, including Plaintiffs’
counsel Duane Pozza and Luke Platzer, in a good faith effort to resolve the issues and Plaintiffs’
counsel has agreed to the motion.
s/Andrew Leibnitz
Andrew Leibnitz
DATED: August 22, 2011
s/ Janet T. Munn
Janet T. Munn, Fla. Bar No. 501281
Rasco Klock
283 Catalonia Avenue, Suite 200
Coral Gables, Fl 33134
Telephone: 305.476.7101
Telecopy: 305.476.7102
Email: jmunn@rascoklock.com
s/ Roderick M. Thompson
Roderick M. Thompson (admitted pro hac vice)
Andrew Leibnitz (admitted pro hac vice)
Anthony P. Schoenberg (admitted pro hac vice)
Deepak Gupta (admitted pro hac vice)
Janel Thamkul (admitted pro hac vice)
FARELLA BRAUN + MARTEL LLP
235 Montgomery St.
San Francisco, CA 94104
Telephone: 415.954.4400
Telecopy: 415.954.4480
And
s/ Valentin Gurvits
Valentin Gurvits (Admitted pro hac vice)
BOSTON LAW GROUP
825 Beacon Street, Suite 20
Newton Center, MA 02459
Phone: 617-928-1800
Fax: 617-928-1802
Counsel for Defendants Hotfile Corp. and
Anton Titov
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CASE NO. 11-20056-JORDAN
CERTIFICATE OF SERVICE
I hereby certify that on August 22, 2011, I filed the foregoing document with the Clerk of
the Court in the conventional manner. I also certify that the foregoing document is being served
this day on all counsel of record or pro se parties identified below in the manner specified, 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
GRAY-ROBINSON, P.A.
Karen L. Stetson, Fla. Bar No.: 742937
Email: Karen.Stetson@gray-robinson.com
1211 Brickell Avenue
Suite 1600
Miami, FL 33131
Phone: 305.416.6880
Fax: 305.416.6887
JENNER AND BLOCK, LLP
Steven B. Fabrizio (Pro Hac Vice)
Email: sfabrizio@jenner.com
Duane C. Pozza (Pro Hac Vice)
Email: dpozza@jenner.com
Luke C. Platzer (Pro Hac Vice)
Email: lplatzer@jenner.com
1099 New York Ave, N.W.
Suite 900
Washington, DC 20001
Phone: 202.639.6000
Fax: 202.639.6066
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