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

Filing 170

Unopposed MOTION for Hearing re 169 Order Setting Hearing on Motion,, Unopposed Motion of Counter-Claimant Hotfile Corporation for the November 30, 2011 Hearing on Hotfile's Motion to Compel Discovery from Counter-Defendant Warner Bros. Entertainment Inc. and Warner's Motion for One Additional Examination Day for Rule 30(b)(6) Deposition of Hotfile Corporation to be Conducted Telephonically Rather Than In-Person by Hotfile Corp.. (Attachments: # 1 Exhibit A)(Munn, Janet)

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.
/
UNOPPOSED MOTION OF COUNTER-CLAIMANT HOTFILE
CORPORATION FOR THE NOVEMBER 30, 2011 HEARING
ON HOTFILE’S MOTION TO COMPEL DISCOVERY FROM
COUNTER-DEFENDANT WARNER BROS. ENTERTAINMENT INC.
AND WARNER’S MOTION FOR ONE ADDITIONAL EXAMINATION
DAY FOR RULE 30(B)(6) DEPOSITION OF HOTFILE CORPORATION
TO BE CONDUCTED TELEPHONICALLY RATHER THAN IN-PERSON

CASE NO. 11-20427-WILLIAMS-TURNOFF

Counterclaimant Hotfile Corporation (“Hotfile”), files this unopposed motion for leave
for the parties to attend the upcoming November 30, 2011 hearing on Hotfile’s Motion to
Compel Discovery from Counter-defendant Warner Bros. Entertainment Inc. (“Warner”), and
Warner’s Motion for One Additional Examination Day for the Rule 30(b)(6) Deposition of
Hotfile, by telephone rather than by attending in person. Lead counsel for both parties in this
action are from out-of-state: Counsel for Warner is from Washington, D.C. and counsel for
Hotfile is from San Francisco, California. The parties are fully consumed at present with
completing discovery in this matter by the December 23, 2011 discovery cut-off date and are
also preparing for depositions in Bulgaria in early December. While counsel would like to attend
the November 30 hearing in person, at this time it would pose a substantial hardship on both
parties’ lead counsel to do so. Accordingly, Hotfile respectfully requests that the Court conduct
a telephonic hearing on November 30 rather than an in-person hearing and require that all parties
attend telephonically. Warner’s counsel does not oppose the relief requested in this motion.
CONCLUSION
On the basis of the foregoing, Hotfile respectfully requests that the Court grant its
unopposed motion and order that the hearing on November 30, 2011 be held telephonically and
that all counsel be required to attend such hearing telephonically rather than in person. A
proposed Order is attached to this unopposed motion as Exhibit “A.”
CERTIFICATE OF GOOD FAITH CONFERENCE
Pursuant to Local Rule 7.1(a)(3)(B), I hereby certify that counsel for the movant,
Roderick M. Thompson, Esq. has conferred with all parties and non-parties who may be affected
by the relief sought in the motion, including Steven B. Fabrizio, Esq., counsel for respondent,

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CASE NO. 11-20427-WILLIAMS-TURNOFF
Warner Brothers Entertainment, Inc., in a good faith effort to resolve the issues and that counsel
for Plaintiff does not oppose the relief requested in this motion.
s/ Roderick M. Thompson
Roderick M. Thompson
Dated: November 23, 2011

By: s/Roderick Thompson
Roderick Thompson (admitted pro hac vice)
Email: [e-mail]
Andrew Leibnitz (admitted pro hac vice)
Email: [e-mail]
Anthony P. Schoenberg (admitted pro hac vice)
Email: [e-mail]
Deepak Gupta (admitted pro hac vice)
Email: [e-mail]
Farella Braun + Martel LLP
Russ Building
235 Montgomery Street
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415.954.4480
Counsel for Defendants
Hotfile Corp. and Anton Titov
And
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
Email: [e-mail]

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CASE NO. 11-20427-WILLIAMS-TURNOFF
CERTIFICATE OF SERVICE
I hereby certify that on November 23, 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

GRAY-ROBINSON, P.A.
Karen L. Stetson, Fla. Bar No.: 742937
Email: [e-mail]
1211 Brickell Avenue
Suite 1600
Miami, FL 33131
Phone: [phone]
Fax: [phone]
JENNER AND BLOCK, LLP
Steven B. Fabrizio (Pro Hac Vice )
Email: [e-mail]
Duane C. Pozza (Pro Hac Vice )
Email: [e-mail]
Luke C. Platzer (Pro Hac Vice )
Email: [e-mail]
1099 New York Ave, N.W.
Suite 900
Washington, DC 20001
Phone: [phone]
Fax: [phone]

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