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

Filing 349

RESPONSE in Opposition re 314 MOTION for Hearing Request of Defendants Hotfile Corporation and Anton Titov For Oral Argument on Defendants' Objections to the Magistrate Judge's Report and Recommendation With Respect to Plaintiff Warner's Motion to "Use&quo WARNER BROS. ENTERTAINMENT INC.'S OPPOSITION TO HOTFILE'S REQUEST FOR HEARING ON DEFENDANTS' OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION WITH RESPECT TO MOTION TO "USE" TITOV EXHIBIT 27 IN ITS ENTIRETY AT TRIAL OR ON SUMMARY JUDGMENT filed by Warner Bros. Entertainment Inc.. (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.
/
WARNER BROS. ENTERTAINMENT INC.’S OPPOSITION TO HOTFILE’S
REQUEST FOR HEARING ON DEFENDANTS’ OBJECTIONS TO THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION WITH RESPECT TO
PLAINTIFF WARNER’S MOTION TO “USE” TITOV EXHIBIT 27 IN ITS ENTIRETY
AT TRIAL OR ON SUMMARY JUDGMENT
Warner Bros. Entertainment Inc. (“Warner”), by and through undersigned counsel and
pursuant to Local Rule 7.1(b)(2), respectfully opposes Defendant Hotfile Corp. (“Hotfile”)’s
request for a hearing on Hotfile’s objections to Magistrate Judge Turnoff’s Order with respect to
Warner’s right to use at summary judgment or a trial Titov Exhibit 27. The parties have now

65699.1

briefed the set of issues presented by Hotfile’s Objections on four separate occasions. See
Docket Nos. 206-07, 211, 292-94, 297-99; see also Objections of Defendants Hotfile
Corporation and Anton Titov to Magistrate Judge’s Report and Recommendation Regarding
Plaintiff Warner’s Motion to Use Titov Exhibit 27 in its Entirety at Trial or on Summary
Judgment (filed under seal March 5, 2012). Moreover, the parties’ disagreement regarding the
waiver of any work product protection of the document in question, as well as its admissibility
into evidence, has now been subject to two separate hearings in front of Magistrate Judge
Turnoff. See Docket Nos. 223& 266. Given the needs to resolve this issue as promptly as
possible so that the full evidence might be heard in the pending motion for summary judgment,
and the multiple other motions pending before the Court, Warner respectfully submits that the
Court can decide the issue of Titov Ex. 27 without another hearing.
Dated: March 12, 2012

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

2

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 on this 12th day of March, 2012, I served the foregoing Opposition to
Hotfile’s Request for Hearing on Defendants’ Objections to the Magistrate Judge’s Report and
Recommendation With Respect to Plaintiff Warner’s Motion To Use Titov Exhibit 27 In Its
Entirety at Trial or on Summary Judgment on all counsel of record on the attached service list
via the court’s ECF system.
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

65699.1

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]
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

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