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

Filing 195

Plaintiff's MOTION To Substitute Newly Redacted Versions of Motion to Compel the Deposition of Andrei Ianakov in Place of Publicly Filed Versions re 184 Plaintiff's MOTION to Compel Deposition of [REDACTED] by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. (Attachments: # 1 Exhibit Attachment A, # 2 Exhibit Attachment B, # 3 Exhibit Attachment C, # 4 Exhibit Attachment D, # 5 Exhibit Attachment E, # 6 Exhibit Attachment F, # 7 Exhibit Attachment G, # 8 Exhibit Attachment H, # 9 Exhibit Attachment I, # 10 Text of Proposed Order)(Stetson, Karen)

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.,
Counterdefendant.
/
PLAINTIFFS’ MOTION TO SUSBTITUTE NEWLY REDACTED VERSIONS OF
MOTION TO COMPEL THE DEPOSITION OF ANDREI IANAKOV IN PLACE OF
PUBLICLY FILED VERSIONS
Plaintiffs by and through their undersigned counsel, file this motion to substitute newly
redacted versions of the following documents for the public redacted versions that plaintiffs
previously filed:1 (1) Plaintiffs’ Motion and Memorandum of Law to Compel the Deposition of
1

Previous transcript citations were made to the “rough” deposition transcripts initially provided
by the court reporters to both sides at the conclusion of each day’s testimony. The final versions
of the deposition transcripts have since become available. Accordingly, plaintiffs are updating

Andrei Ianakov and Request for Expedited Briefing; (2) Proposed Order Granting Plaintiffs’
Motion to Compel the Deposition of Andrei Ianakov; (3) Declaration of Luke C. Platzer in
Support of Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov; (4) Exhibit A to the
Declaration of Luke C. Platzer in Support of Plaintiffs’ Motion to Compel the Deposition of
Andrei Ianakov; (5) Exhibit B to the Declaration of Luke C. Platzer in Support of Plaintiffs’
Motion to Compel the Deposition of Andrei Ianakov; (6) Exhibit C to the Declaration of Luke C.
Platzer in Support of Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov; (7) Exhibit
D to the Declaration of Luke C. Platzer in Support of Plaintiffs’ Motion to Compel the
Deposition of Andrei Ianakov; (8) Exhibit E to the Declaration of Luke C. Platzer in Support of
Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov; and (9) Exhibit F to the
Declaration of Luke C. Platzer in Support of Plaintiffs’ Motion to Compel the Deposition of
Andrei Ianakov (9). The newly redacted versions of these documents are attached hereto as
Attachments A, B, C, D, E, F, G, H, and I, respectively.
Plaintiffs are publicly filing newly redacted versions as defendants have agreed that the
previously redacted material based on defendants’ confidentiality designation may now be
publicly filed. Plaintiffs previously filed a motion (which they are now withdrawing) to file the
unredacted versions of those document under seal (Dkt # 186), and served those unredacted
versions on the defendants concurrently with publicly filing and serving the redacted versions.
Plaintiffs therefore seek to substitute the attached documents for the redacted versions previously
filed. Counsel for plaintiffs have conferred with counsel for defendants, and defendants do not
oppose this Motion.
Therefore, plaintiffs request that the Court grant this motion and substitute the attached
documents as follows:
Attachment to Motion

To Be Substituted As

A – Plaintiffs’ Motion and Memorandum of Law to Compel the
Deposition of Andrei Ianakov and Request for Expedited Briefing
B – Proposed Order Granting Plaintiffs’ Motion to Compel the
Deposition of Andrei Ianakov
C – Declaration of Luke C. Platzer in Support of Plaintiffs’ Motion
to Compel the Deposition of Andrei Ianakov

Docket No. 184
Docket No. 184-1
Docket No. 185-1

both the exhibits to the Declaration of Luke C. Platzer and the transcript citations in the Motion
to Compel to reflect the final versions of the deposition transcripts.
2

D – Exhibit A to the Declaration of Luke C. Platzer in Support of
Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov
E – Exhibit B to the Declaration of Luke C. Platzer in Support of
Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov
F – Exhibit C to the Declaration of Luke C. Platzer in Support of
Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov
G – Exhibit D to the Declaration of Luke C. Platzer in Support of
Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov
H – Exhibit E to the Declaration of Luke C. Platzer in Support of
Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov
I – Exhibit F to the Declaration of Luke C. Platzer in Support of
Plaintiffs’ Motion to Compel the Deposition of Andrei Ianakov
Dated: December 22, 2011

Docket No. 185-2
Docket No. 185-3
Docket No. 185-4
Docket No. 185-5
Docket No. 186-6
Docket No. 185-7

Respectfully submitted,
By: /s/ Karen L. Stetson
Karen L. Stetson
GRAY-ROBINSON, P.A.
1221 Brickell Avenue
16th Floor
Miami, Fl 33131
Telephone: [phone]
Facsimile: [phone]

MOTION PICTURE ASSOCIATION
OF AMERICA, INC.
Karen R. Thorland (Pro Hac Vice)
15301 Ventura Blvd.
Building E
Sherman Oaks, CA 91403
Phone: [phone]
Fax: [phone]

JENNER & BLOCK LLP
Steven B. Fabrizio (Pro Hac Vice)
Duane C. Pozza (Pro Hac Vice)
Luke C. Platzer (Pro Hac Vice)
1099 New York Ave., N.W.
Suite 900
Washington, DC 20001
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

3

CERTIFICATE OF GOOD FAITH CONFERENCE
I HEREBY CERTIFY that, pursuant to Local Rule 7.1(a)(3), U.S. District Court for the
Southern District of Florida, counsel for Plaintiffs have conferred with counsel for defendants
Hotfile Corp. and Anton Titov in a good faith effort to resolve the issues raised in this Motion,
and counsel for defendants has indicated that they do not oppose this Motion.

Dated: December 22, 2011

Respectfully submitted,
By: /s/ Karen L. Stetson
Karen L. Stetson
GRAY-ROBINSON, P.A.
1221 Brickell Avenue
16th Floor
Miami, Fl 33131
Telephone: [phone]
Facsimile: [phone]

MOTION PICTURE ASSOCIATION
OF AMERICA, INC.
Karen R. Thorland (Pro Hac Vice)
15301 Ventura Blvd.
Building E
Sherman Oaks, CA 91403
Phone: [phone]
Fax: [phone]

JENNER & BLOCK LLP
Steven B. Fabrizio (Pro Hac Vice)
Duane C. Pozza (Pro Hac Vice)
Luke C. Platzer (Pro Hac Vice)
1099 New York Ave., N.W.
Suite 900
Washington, DC 20001
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiffs

4

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 22nd Day of December, 2011, I served the following
documents on all counsel of record on the attached service list via the Court’s CM/ECF filing
system:
Plaintiffs’ Motion to Substitute Newly Redacted Versions of Motion to Compel the
Deposition of Andrei Ianakov in Place of Publicly Filed Versions
I further certify that I am admitted to the United States Court for the Southern District of Florida
and certify that this certificate of Service was executed on this date.
By: /s/ Karen L. Stetson
Karen L. Stetson

5

SERVICE LIST
Disney Enterprises, Inc., et al. v. Hotfile Corp. et al.
CASE NO. 11-CIV-20427-JORDAN

RASCO KLOCK
Janet T. Munn
[e-mail]
283 Catalonia Ave., Suite 200
Coral Gables, FL 33134
Phone: [phone]
Fax: [phone]

FARELLA BRAUN + MARTEL LLP
Anthony P. Schoenberg
[e-mail]
Roderick M. Thompson
[e-mail]
N. Andrew Leibnitz
[e-mail]
Deepak Gupta
[e-mail]
Janel Thamkul
[e-mail]
235 Montgomery Street
San Francisco, CA 94104
Phone: [phone]

Attorney for Defendants Hotfile Corp. and
Anton Titov

Attorneys for Defendants Hotfile Corp. and
Anton Titov

BOSTON LAW GROUP, PC
Valentin Gurvits
[e-mail]
825 Beacon Street, Suite 20
Newton Centre, MA 02459
Phone: [phone]
Attorneys for Defendants Hotfile Corp. and
Anton Titov

6