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

Filing 164

MOTION to Compel Discovery from Plaintiff and Counter-Defendant Warner Bros. Entertainment Inc. of Warner's Takedown Investigation and Memorandum of Law by Hotfile Corp.. Responses due by 12/5/2011 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Munn, Janet)

EXHIBIT 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-WILLIAMS-TURNOFF
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.
/
HOTFILE CORP.,
Counterclaimant,
v.
WARNER BROS. ENTERTAINMENT INC.,
Counter-Defendant.
/

DECLARATION OF ANTHONY P. SCHOENBERG IN SUPPORT
OF MOTION OF DEFENDANT AND COUNTER-CLAIMANT HOTFILE
CORPORATION TO COMPEL DISCOVERY FROM PLAINTIFFAND
COUNTER-DEFENDANT WARNER BROS. ENTERTAINMENT
INC. OF WARNER’S TAKEDOWN INVESTIGATIONS
I, Anthony P. Schoenberg, declare as follows:
1.

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

Hotfile Corporation (“Hotfile”). 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.

CASE NO. 11-20427-WILLIAMS-TURNOFF

2.

Attached hereto as Exhibit A are excerpts from a true and correct copy of the

transcript of the 30(b)(6) Deposition of David Kaplan, taken on October 12, 2011.
3.

Counsel for counter-defendant Warner Bros. Entertainment Inc. (“Warner”)

originally designated the entirety of the deposition transcript of David Kaplan as Highly
Confidential pursuant to the terms of the protective order entered in this case. Counsel for
Warner has since agreed to re-designate as non-confidential only the portions of the transcript
excerpted in Exhibit A. The remaining portions of the deposition transcript remain designated as
Highly Confidential, so Hotfile has submitted only the non-confidential portions of the transcript
necessary for the purposes of this motion in order to avoid having to file the present motion
under seal.
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 16th day of November 2011, at San Francisco, California.

/s/ Anthony P. Schoenberg
Anthony P. Schoenberg

2

EXHIBIT A