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

Filing 218

MOTION for Hearing re 217 MOTION to Strike and Memorandum of Law of Defendants Hotfile Corporation and Anton Titov to Strike Plaintiffs' Putative "Rebuttal" Report of Dr. Richard Waterman Before the Close of Expert Discovery on January 17, 2012 and Motion f Request of Defendants Hotfile Corporation and Anton Titov for Hearing on January 13, 2012 at the Upcoming Status Conference of Defendants' Motion to Strike Plaintiffs' Putative "Rebuttal" Expert Report of Dr. Richard Waterman Before the Close of Expert Discovery on January 17, 2012 by Hotfile Corp., Anton Titov. (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.
/

REQUEST OF DEFENDANTS HOTFILE CORPORATION AND
ANTON TITOV FOR HEARING ON JANUARY 13, 2012
AT THE UPCOMING STATUS CONFERENCE OF DEFENDANTS’
MOTION TO STRIKE PLAINTIFFS’ PUTATIVE “REBUTTAL”
EXPERT REPORT OF DR. RICHARD WATERMAN BEFORE
THE CLOSE OF EXPERT DISCOVERY ON JANUARY 17, 2012

Pursuant to Local Rule 7.1(b), Defendants Hotfile Corporation and Anton Titov
(collectively “Defendants”), hereby respectfully request that the Court conduct oral argument or
a hearing on Defendants’ Motion to Strike Plaintiffs’ Putative “Rebuttal” Expert Report of Dr.
Richard Waterman Before the Close of Expert Discovery on January 17, 2012. Defendants
believe that the Court (and the parties), will benefit by the Court including this motion in those
matters to be heard, at the previously set January 13, 2012 status hearing. The matters raised in
Defendants’ motion concern issues regarding expert discovery, which is set to close on January

CASE NO. 11-20427-WILLIAMS/TURNOFF

17, 2012. Defendants’ anticipate that the Court could hear this motion along with other motions
that the Court may wish to hear during the time that already has been set aside for the January
13, 2012 status hearing and that approximately twenty (20) minutes would be needed to hear this
motion.
CERTIFICATE OF GOOD FAITH CONFERENCE
I hereby certify that Defendants’ counsel, Andrew Leibnitz, conferred with all parties or
non-parties who may be affected by the relief sought in this request, including Plaintiffs’
counsel, in a good faith effort to resolve the issues and Plaintiffs’ counsel did not agree to
Defendants’ request for hearing.

DATED: January 9, 2012

By: s/Andrew Leibnitz

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CASE NO. 11-20427-WILLIAMS/TURNOFF

DATED: January 9, 2012

By: /s/ Andrew Leibnitz
Roderick M. 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]
Janel Thamkul (admitted pro hac vice)
Email: [e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery St.
San Francisco, CA 94104
Telephone: [phone]
Telecopy: 415.954.4480
/s/ Janet T. Munn
Janet T. Munn, Fla. Bar No. 501281
Email: [e-mail]
Rasco Klock
283 Catalonia Avenue, Suite 200
Coral Gables, Fl 33134
Telephone: [phone]
Telecopy: 305.476.7102
And
s/Valentin Gurvits
Valentin Gurvits (Admitted pro hac vice)
Email: [e-mail]
BOSTON LAW GROUP
825 Beacon Street, Suite 20
Newton Center, MA 02459
Telephone: [phone]
Telecopy: 617.928.1802
Counsel for Defendants Hotfile Corporation
and Anton Titov

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CASE NO. 11-20427-WILLIAMS/TURNOFF

CERTIFICATE OF SERVICE
I hereby certify that on January 9, 2012, 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

Karen L. Stetson, Fla. Bar No.: 742937
GRAY-ROBINSON, P.A.
Email: [e-mail]
1211 Brickell Avenue
Suite 1600
Miami, FL 33131
Telephone: [phone]
Telecopy: 305.416.6887

Karen R. Thorland, Esq. (Pro Hac Vice)
Senior Content Protection Counsel
Email: [e-mail]
Motion Picture Association of America, Inc.
15301 Ventura Boulevard Building E
Sherman Oaks, CA
Telephone: [phone]

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]
JENNER AND BLOCK, LLP
1099 New York Ave, N.W.
Suite 900
Washington, DC 20001
Telephone: [phone]
Telecopy: 202.639.6066
4829-8371-2526, v. 1

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