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

Filing 242

NOTICE by Disney Enterprises, Inc. Request for Expedited Discovery Hearing (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’ REQUEST FOR EXPEDITED DISCOVERY HEARING
Plaintiffs request an expedited discovery hearing to cut through a procedural morass that
is prejudicing Plaintiffs’ ability to complete important discovery in this matter. As summary
judgment motions are currently scheduled to be filed by next Friday, February 17, 2012,
Plaintiffs require the requested discovery no later than next Monday, February 13, 2012, to
meaningfully make use of it in their upcoming motion. Therefore, Plaintiffs seek (1) a short
telephonic conference with the Court to resolve this issue, and (2) an order directing Hotfile to
consent to a third-party document production. Plaintiffs believe that the discussion should
require no more than twenty minutes of the Court’s time.

On December 6, 2011, Plaintiffs had served a subpoena on a third party, Google Inc.
(“Google”) that, after narrowing through the meet-and-confer process, requested production of a
report that Google maintains identifying the websites that direct traffic to the Hotfile website (the
“Google Analytics Report”). The production of the report was scheduled well in advance of the
December 23, 2011 discovery cutoff in this case, and the report would be extremely easy to
retrieve (as simple as pressing a button). Hotfile, however, has refused to consent to the
production of the report, and Google will not produce the report absent Hotfile’s consent. As a
practical matter, there is insufficient time for the Northern District of California (which issued
the subpoena) to resolve a motion to compel against Google in time for Plaintiffs to obtain and
make use of the Google Analytics Report in their upcoming motions for summary judgment,
which are being filed Friday of next week.
Google has stated that it will not produce the report absent Hotfile’s consent. Defendants
too could produce the Google Analytics Report with the push of a button, as the report is a preexisting report format that Google makes available to Defendants in the ordinary course at
Defendants’ request, based on Defendants’ data. Literally, Defendants merely would have to log
into their Google Analytics account and select and print the report. Plaintiffs initially sought the
report from Defendants, but Defendants objected. Plaintiffs did not move to compel against
Defendants because Plaintiffs expected to receive functionally comparable data from Defendants
following the Court’s order that Defendants produce certain data. Ultimately, however,
Defendants claimed not to maintain the data Plaintiffs were expecting. Plaintiffs thereafter
served a subpoena on Google seeking the Google Analytics Report.
Defendants have voiced no objections to the substance of the request, but have refused to
consent to Google’s production of the Google Analytics Report on the basis that fact discovery
in this matter has now closed – even though both the subpoena and its return date were several
weeks before the close of discovery, and Plaintiffs have been in good faith negotiations with
Google to try to resolve the matter. Plaintiffs request (1) a short call with the Court to resolve
this impasse, and (2) an order directing Hotfile to consent to Google’s production of the
requested report, or simply to produce the report itself.
Dated: February 6, 2011

Respectfully submitted,
By: /s/ Karen L. Stetson__
Karen L. Stetson
2

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

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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 in
a good-faith efforts to resolve the issues raised in this Request without court action, but have
been unable to do so.

Dated: February 6, 2011

By: /s/ Karen L. Stetson___
Karen L. Stetson
GRAY-ROBINSON, P.A.
Karen L. Stetson (FL Bar No. 742937)
1221 Brickell Avenue
Suite 1600
Miami, FL 33131
Phone: [phone]
Fax: [phone]

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

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
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiffs

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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.,
Counterdefendant.
/
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 6th Day of February, 2012, I served the following
documents on all counsel of record via the Court’s ECF System:
Plaintiffs’ Request For Expedited Hearing
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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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

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