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

Filing 320

NOTICE by Hotfile Corp. re 318 MOTION for Partial Summary Judgment PUBLICLY FILED VERSION (Attachments: # 1 Exhibit A, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Errata, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit)(Munn, Janet)

EXHIBIT 20

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
ENTERTAINMENT INC.,
Plaintiffs,
vs.

CASE NO. 11-20427-WILLIAMS-TURNOFF

HOTFILE CORP., ANTON TITOV,
and DOES 1-10,
Defendants.
___________________________
AND RELATED CROSS-ACTION.
_______________________________________________________

HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF KEVIN M. SUH, ESQUIRE,
INDIVIDUALLY AND
PURSUANT TO FEDERAL RULE 30(b)(6)
Los Angeles, California
Tuesday, December 20, 2011
Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 178796

KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

1

UNITED STATES DISTRICT COURT

2

12/20/2011

SOUTHERN DISTRICT OF FLORIDA

3
4

7

DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLLP,
COLUMBIA PICTURES INDUSTRIES,
INC., and WARNER BROS.
ENTERTAINMENT INC.,

8

Plaintiffs,

5
6

9
10

vs.

CASE NO. 11-20427-WILLIAMS-TURNOFF

HOTFILE CORP., ANTON TITOV,
and DOES 1-10,

11
12
13

Defendants.
_________________________
AND RELATED CROSS-ACTION.
______________________________________________________

14
15
16

HIGHLY CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
Videotaped deposition of KEVIN M. SUH, ESQUIRE,

17

individually, and pursuant to Federal Rule 30(b)(6),

18

taken on behalf of Defendants and Counterclaimant

19

Hotfile Corp., at 633 West Fifth Street, Los Angeles,

20

California, beginning at 9:17 A.M. and ending at

21

6:03 P.M. on Tuesday, December 20, 2011, before

22

LORI SCINTA, RPR, Certified Shorthand Reporter No. 4811.

23
24
25

2

KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

1
2
3
4
5
6
7

12/20/2011

APPEARANCES:
For Plaintiffs:
JENNER & BLOCK LLP
BY: DUANE C. POZZA
Attorney at Law
1099 New York Avenue, NW, Suite 900
Washington, D.C. 20001-4412
202.639.6000
Email: [e-mail]

8

-- and -9
10
11
12

MOTION PICTURE ASSOCIATION OF AMERICA, INC.
BY: KAREN R. THORLAND
Attorney at Law
15301 Ventura Boulevard, Building E
Sherman Oaks, California 91403
310.244.6946
Email: [e-mail]

13
14

For Defendants and Counterclaimant Hotfile, Corp.:
15
16
17
18
19
20
21
22
23
24

FARELLA BRAUN + MARTEL LLP
BY: ANTHONY SCHOENBERG
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: [e-mail]
Videographer:
VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855

25

3

KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/20/2011

05:15

1

(MPAA Exhibit 13 was marked for

05:16

2

identification by the court reporter.)

05:16

3

05:16

4

05:16

5

05:16

6

05:16

7

05:16

8

05:16

9

05:16

10

05:16

11

Page 2 appears to be a printout of the Vobile

05:16

12

website describing -- or exhibiting a press release in

05:16

13

connection with vCloud9.

05:16

14

05:17

15

middle of the press release.

05:17

16

to you.

05:17

17

05:17

18

05:17

19

05:17

20

05:17

21

that this was printed out from prnewswire.com, spelled

05:17

22

p-r-n-e-w-s-w-i-r-e.com.

05:17

23

05:17

24

05:17

25

BY MR. SCHOENBERG:
Q

And I will represent to you that page -- it

says there were three pages to this exhibit.
Well, I can't say what -- what the third page
was, but the only part that I'm interested in is Page 2.
And so I'll just ask you if you recognize
Page 2 of this document.
A

Q

This is MPA Exhibit No. 13.

And I'd like to direct your attention to the
There's a quote attributed

Do you see that?
A

Yes.

Actually, if I would make one

clarification.
The footer of Exhibit 13 at the bottom notes

So just a point of correction.

This isn't from

the Vobile website.
Q

Okay.

Thanks for that clarification.

235

KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/20/2011

05:17

1

05:17

2

05:17

3

A

Yes.

05:17

4

Q

It says, "Vobile" -- "Vobile vCloud9

05:17

5

offers an important new tool for

05:17

6

website operators offering legitimate

05:17

7

cloud-based storage services to be

05:17

8

able to discover unauthorized content

05:17

9

online and ensure copyright

05:17

10

compliance, thereby protecting the

05:17

11

rights of content owners and the

05:17

12

creative community," unquote.

05:18

13

Did you either say or authorize that statement

05:18

14

05:18

15

A

05:18

16

to me.

05:18

17

Q

05:18

18

statement?

05:18

19

A

Yes.

05:18

20

Q

Is there anything in this press release with

05:18

21

05:18

22

MR. POZZA:

05:18

23

THE WITNESS:

05:18

24

05:18

25

Do you see the quote that's attributed to you
in the middle of the press release?

to be attributed to you?
I did authorize that statement to be attributed

And you agree that that's an accurate

which you do not agree?
Objection.

Ambiguous.

If I could just -- I'm sorry.

Go

ahead.
MR. POZZA:

No.

That's all I have.

236

KEVIN M. SUH, ESQUIRE
HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

12/20/2011

1
2
3
4

I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken

5

before me at the time and place herein set forth; that

6

any witnesses in the foregoing proceedings, prior to

7

testifying, were duly sworn; that a record of the

8

proceedings was made by me using machine shorthand

9

which was thereafter transcribed under my direction;

10

that the foregoing transcript is a true record of the

11

testimony given.

12

Further, that if the foregoing pertains to

13

the original transcript of a deposition in a Federal

14

Case, before completion of the proceedings, review of

15

the transcript [x] was [ ] was not requested.

16

I further certify I am neither financially

17

interested in the action nor a relative or employee

18

of any attorney or party to this action.

19
20

IN WITNESS WHEREOF, I have this date
subscribed my name.

21
22

Dated: 12/27/2011

23
24
25

________________________________
LORI SCINTA, RPR
CSR No. 4811

263