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)

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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, 2 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: rthompson@fbm.com Andrew Leibnitz (admitted pro hac vice) Email: aleibnitz@fbm.com Anthony P. Schoenberg (admitted pro hac vice) Email: tschoenberg@fbm.com Deepak Gupta (admitted pro hac vice) Email: dgupta@fbn.com Farella Braun + Martel LLP Russ Building 235 Montgomery Street San Francisco, CA 94104 Telephone: 415.954.4400 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: 305.476.7101 Telecopy: 305.476.7102 Email: jmunn@rascoklock.com 3 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: 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 4

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