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

Filing 130

RESPONSE in Opposition re 110 Plaintiff's MOTION to Compel RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES and Memorandum of Law filed by Hotfile Corp., Anton Titov. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Munn, Janet)

EXHIBIT “2”

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 EROS. ENTERTAINMENT INC.,

Plaintiffs,
v.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.

Defendants.

DECLARATION OF ANTHONY SCHOENBERG IN SUPPORT OF DEFENDANTS'
OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL RESPONSES TO REQUESTS

FOR PRODUCTION AND INTERROGATORIES
I, Anthony Schoenberg, declare as follows:
1.

I am an attorney at Farella Braun + Martel LLP and counsel for defendants

Hotfile Corporation and Anton Titov. I have personal knowledge of the matters stated herein
and, if called and sworn as a witness, I could and would competently testify to the facts set forth
herein.
2.

Attached hereto as Exhibit A is a true and correct copy of Defendants'

Supplemental Response to Interrogatory No. 1, dated July 19, 2011, from this matter (partially

redacted).

26501\2736958.1

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on this 26th day of August 2011, at San Francisco, California.

2
26501 \2736958.1

EXHIBIT "A"

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. EN IERTAINMENT INC.,
Plaintiffs,
v.
HOTFILE CORP., ANTON TITOV, and
DOES 1-10.
Defendants.

DEFENDANTS' SUPPLEMENTAL RESPONSE TO PLAINTIFFS'
INTERROGATORY NO. 1
PROPOUNDING PARTY:

Plaintiffs Disney Enterprises, Inc., Twentieth Century Fox
Film Corporation, Universal City Studios Productions
LLLP, Columbia Pictures Industries, Inc., and Warner
Bros. Entertainment

RESPONDING. PARTIES:

Defendants Hotfile Corporation and Anton Titov
(collectively "Hotfile")'

SET NO.:

One (1)

1 The Defendants reserve their respective rights to assert all appropriate separate defenses. In
particular, Mr. Titov has moved to dismiss all claims against him individually and specifically
denies that he has the ability to supervise any alleged infringing activity or has a financial
interest in such activity. See Motion and Memorandum Etc., filed 3/31/11, Dkt. 50 at 17. Mr.
Titov is included in the shorthand term "Hotfile" along with Hotfile Corp. solely as a
convenience and in light of the Parties agreement "that discovery requests served by one side on
the opposing side will be equally applicable to all parties on the other side." Joint Scheduling
Conference Report, filed 4/15/11, Dkt. 54 at 16. Nothing in these responses is an admission by
Anton Titov or Hotfile Corp. of any particular relationship between them or any other fact.

26501 \ 2642240.1

CASE NO. 11-20427-JORDAN

production, it does so without waiving any right to object to any further inquiry or any effort to
compel responses beyond those provided herein. Any response provided herein is subject to, and
limited by all general and specific objections stated herein.

RESPONSES TO INTERROGATORIES
INTERROGATORY NO. 1:
Identify each person who has been employed by, acted as the agent of, or performed

work on behalf of or provided any service to (including as a contractor) the Hotfile Website and
each Hotfile Entity from January 1, 2007 through the present day. For each such person or
entity, state:
a) Full name;
b) Title and/or employer during the period(s) such services or agency were provided (e.g.
Hotfile Corp., Hotfile, S.A., Hotfile Ltd., or, if the person is a contractor, the third-party
employer);
c) The nature of all work performed and/or the scope of the person's representation or
agency (e.g. database manager, marketing manager, DMCA agent, abuse manager, etc.);
d) The length of time such person performed relevant services or representation;
e) Any Hotfile username and user identification number associated with the person; and
f) Present contact information (including current email address, physical address, and
telephone number), or, if present contact information is not known to you, last known
contact information. It is not sufficient, for purposes of providing a person's contact
information, to state that a person can be contacted through Defendants' counsel.
SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 1:

Hotfile has conducted further investigation in response to this interrogatory and
discovered additional responsive information.
Hotfile hereby supplements and amends its previous response. This response supersedes
and replaces Hotfile's previous response to this Interrogatory No. 1.

26501 \ 2642240 1

5

CASE NO. 11-20427-JORDAN

RESPONSE TO INTERROGATORY NO. 1:
Hotfile incorporates by reference it general objections to this interrogatory. Hotfile
further objects to this interrogatory as overbroad and unduly burdensome to the extent that it
seeks information pertaining to any "Hotfile Entity" as that term is defined in the Definitions and
Instructions. As currently defined, that term would include any entity, business venture, or
organization subject to any Defendant's control (assuming any such entity, business venture or
organization exists), irrespective of whether such entity has any relation or relevance to the
present dispute. Hotfile further objects to this interrogatory as overbroad, unduly burdensome,
and not reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks
information related to "any service" provided to Hotfile, regardless of whether such service has
any relevance to the present dispute. Hotfile further objects that this interrogatory is compound.
Subject to those general and specific objections, Hotfile responds as follows:
The following individuals worked as contractors or employees of Hotfile Corp.:
REDACTED

Software Development Programmer, REDACTF

'REDACTED

Employed since approximately August 2008
Servers Administration,IREDACTED
REDACTED

I

Employed since September 2009
Hotfile Email Support, DMCA Support, Email
Inquiries Support, !REDACTED
REDACTED

REDACTED

Employed since June 2009
Manager, REDACTED
REDACTED

REDACTED

Employed since approximately August 2008

26501\2642240.1

6

CASE NO. 11-20427-JORDAN
REDACTED

Manager, fiTETIAffrf5-1
REDACTED

I

Employed since approximately August 2008
Manager, Hotfile, Ltd.
REDACTED
I
Employed since approximately August 2008
Hardware & Data Center Support, Private
Contractor
Hotfile Email Support, DMCA Support, Email
Inquiries Support, Private Contractor
REDACTED

Anton Titov

P EDACTED

1

REDACTED

Employed since February 2010
DMCA Agent
Employed since December 2009

Constantin Luchian
Anton Titov can be contacted at:
Farella Braun + Martel LLP
235 Montgomery St.
17th Floor
San Francisco, CA 94102
REDACTED

Constantin Luchian can be contacted at:
Boston Law Group
825 Beacon Street, Suite 20
Newton Centre, MA 02459
Relevant entities related to or doing work on behalf of Hotfile include:
Company Name

26501\2642240.1

Description

7

CASE NO. 11-20427-JORDAN
Hotfile Ltd.

Bulgarian limited liability company, wholly
owned by Hotfile Corp. Anton Titov is the
general manager of Hotfile Ltd. Hotfile Ltd.
provides services to Hotfile Corp. related to the
processing of PayPal transactions.

Lemuria Communications Inc.

Florida based Internet connectivity and hosting
company owned and managed by Anton Titov.
Lemuia Communications Inc., provides hosting
services for Hotfile Corp.

[REDACTED

Bulgarian limited liability company. Owned and
managed byl RE DACTE D
and REDACTED
]provides email support
REDACTED
and software development services to Hotfile
Corp.

DA'Z'ED_ July0, 2011

By:
Roderick M. T omp on (admittedpro hac vice)
Andrew Leibnitz (admitted pro hac vice)
Anthony P. Schoenberg (admitted pro hac vice)
Deepak Gupta (admittedpro hac vice)
Janel Thamkul (admittedpro hac vice)
FARELLABRAUN + MARTEL LLP
235 Montgomery St.
San Francisco, CA 94104
Telephone: [phone]
Telecopy: 415.954.4480
And

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]
Counsel for Defendants Hotfile Corp. and Anton
Titov

26501\2642240.1

8

CASE NO. 11-20427-JORDAN
VERIFICATION

I, Anton Titov, am a Manager ofHotfile Corporation, a defendant in this lawsuit. I make
this verification on behalf of said party and on behalf ofmyself as an individual. I have read the
foregoing Defendants' Supplemental Response to Plaintiffs' interrogatory No. I and know the
contents thereof. To the best °tiny knowledge, information and belief, the responses set forth
therein are true and correct.
I declare under penalty of perjury under the laws of the State ofFlorida that the foregoing
is true and correct.
Executed thisic5 day of.j

2011, in.,_c9