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

Filing 198

Joint MOTION for Extension of Time JOINT MOTION FOR EXTENSION OF DEADLINES SET FORTH IN THE COURT'S SCHEDULING ORDER (DE 133) AND ORDER ON MOTION FOR EXTENSION OF TIME (DE 157) re 157 Order on Motion for Extension of Time, 133 Scheduling Order, Order Referring Case to Mediation, Order Referring Case to Magistrate Judge,,,,,, by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Hotfile Corp., Anton Titov, Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. Responses due by 1/9/2012 (Attachments: # 1 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.
/
JOINT MOTION AND MEMORANDUM OF LAW FOR EXTENSION OF DEADLINES
SET FORTH IN THE COURT’S SCHEDULING ORDER (DKT # 133) AND ORDER ON
MOTION FOR EXTENSION OF TIME (DKT # 157)
Plaintiffs Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal
City Studio Productions LLLP, Columbia Pictures Industries, Inc., and Warner Bros.
Entertainment, Inc. (collectively “Plaintiffs”); and Defendants Hotfile Corp. and Anton Titov
(collectively “Defendants”) (Plaintiffs and Defendants are collectively the “Parties”) move
pursuant to Rule 6(b)(1)(A) of the Federal Rules of Civil Procedure for an extension of time for
the Parties to complete experts discovery, and an extension of time to file discovery pleadings

CASE NO. 11-20427-WILLIAMS/TURNOFF

and pre-trial motions, pursuant to the Court’s Scheduling Order (Dkt # 133), as modified by this
Court’s Order on Motion for Extension of Time (Dkt #157). The grounds for this Joint Motion
are set forth below in the accompanying memorandum of law.
MEMORANDUM OF LAW
Under present deadlines, the Parties must exchange rebuttal expert witness summaries
and reports by December 23, 2011, with all expert discovery to be completed by January 17,
2012. (Dkt # 157). In addition, all pre-trial motions must be filed by January 23, 2012. (Dkt #
133). To accommodate the Parties’ need for additional time to complete expert discovery,
respond to discovery motions, and file pre-trial motions, the Parties respectfully request that the
Court extend the deadlines as follows:
January 5, 2012

Oppositions to any discovery motions filed on December
23, 2011.
Replies in support of Plaintiffs’ Motion to Compel the
Production of Titov Deposition Exhibit 27 (Dkt # 180) and
Plaintiffs’ Motion to Compel the Deposition of Andrei
Ianakov (Dkt # 184).

January 6, 2012

Parties exchange rebuttal expert witness summaries and
reports required by Local Rule 16.1.K.

January 10, 2012

Replies in support of any discovery motions filed on
December 23, 2011.

January 20, 2012

Rebuttal expert depositions are completed.

February 3, 2012

Motions for Summary Judgment on Hotfile Corp.’s
Counterclaim against Warner Bros. Entertainment, Inc.
(“Counterclaim”) are filed.

February 10, 2012

All other Motions for Summary Judgment unrelated to the
Counterclaim are filed.1

1

Defendant Anton Titov has indicated that he will be filing a separate motion for summary
judgment. Although Plaintiffs similarly intend to file a motion for summary judgment on Mr.
Titov’s liability, Plaintiffs would like the option of combining the motion for summary judgment
on Mr. Titov’s liability with the motion for summary judgment against Hotfile Corp. to avoid the

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CASE NO. 11-20427-WILLIAMS/TURNOFF

February 24, 2012

Oppositions to Motions for Summary Judgment on the
Counterclaim are filed.

March 2, 2012

Oppositions to Motions for Summary Judgment unrelated
to the Counterclaim are filed.

March 9, 2012

Replies in Support of Motions for Summary Judgment on
the Counterclaim are filed.

March 16, 2012

Replies in Support of Motions for Summary Judgment
unrelated to the Counterclaim are filed.

The Joint Motion is not filed for the purposes of delay or for any improper purpose but to
provide additional time needed to prepare expert reports, complete expert discovery, respond to
discovery motions, and file summary judgment motions. The Parties have been proceeding on
an expedited basis and have moved from the filing of the complaint to the close of nearly all
discovery in less than a year. The requested extensions are needed for the Parties to assemble the
record and present the Court with the most helpful briefs possible on summary judgment.
Neither Party will be prejudiced by the Court granting this Joint Motion for Extension of Time.
The Court has authority pursuant to Rule 6 of the Federal Rules of Civil Procedure to grant
extensions of time. See Fed. R. Civ. P. 6(b)(1).
CONCLUSION
On the basis of the foregoing, the Parties respectfully requests that the Court grant the
Joint Motion for Extension of Deadlines Set Forth in The Court’s Scheduling Order (Dkt # 133)
and Order On Motion for Extension of Time (Dkt # 157). A proposed Order is attached hereto.

unnecessary duplication of factual recitation. In combining the two motions, Plaintiffs request
an enlargement of the page limitation allowed under the Local Rules to 40 pages, with
Defendants’ opposition of equal length, and a reply of no more than 20 pages.

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CASE NO. 11-20427-WILLIAMS/TURNOFF

CERTIFICATE OF GOOD FAITH CONFERENCE
I HEREBY CERTIFY that counsel for Plaintiffs, Karen L. Stetson, the counsel who
makes this joint filing on behalf of all Parties, has authorization from counsel for Defendants to
file the Joint Motion on behalf of Defendants as well as the Plaintiffs whom she represents.

DATED: December 23, 2011
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
By:
/s/Roderick M. Thompson
Roderick M. Thompson (admitted pro hac vice)
Andrew Leibnitz (admitted pro hac vice)
Anthony P. Schoenberg (admitted pro hac vice)
Deepak Gupta (admitted pro hac vice)
Janel Thamkul (admitted pro hac vice)
FARELLA BRAUN + MARTEL LLP
235 Montgomery St.
San Francisco, CA 94104
Telephone: [phone]
Telecopy: 415.954.448
Janet T. Munn, Florida Bar No. 501281
RASCO KLOCK

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CASE NO. 11-20427-WILLIAMS/TURNOFF

283 Catalonia Avenue, Suite 200
Coral Gables, Fl 33134
Telephone: [phone]
Telecopy: 305.476.7102
Email: [e-mail]
Valentin Gurvits
BOSTON LAW GROUP, PC
825 Beacon Street, Suite 20
Newton Centre, MA 02459
Phone: [phone]
[e-mail]
Counsel for Defendants Hotfile Corp. and Anton
Titov

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CASE NO. 11-20427-WILLIAMS/TURNOFF

CERTIFICATE OF SERVICE
I HEREBY CERTIFY on this 23rd day of December, 2011, I served the following
document on all counsel of record on the attached service list via the Court’s CM/ECF filing
system:
Joint Motion and Memorandum of Law for Extension of Deadlines Set Forth in The
Court’s Scheduling Order (Dkt # 133) and Order On Motion for Extension of Time (Dkt #
157)
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

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CASE NO. 11-20427-WILLIAMS/TURNOFF

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

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]

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

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