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

Filing 373

REPLY to Response to Motion 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 Reply of Defendants In Support of Defendants' Request for Hearing on Defendants' Objections to the Magistrate Judge's Report and Recommendation Regarding Titov Exhibit 27 filed by Hotfile Corp., Anton Titov. (Munn, Janet)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 11-CIV-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.,
Counter-Defendant.

/

REPLY OF DEFENDANTS IN SUPPORT OF DEFENDANTS’ REQUEST FOR
HEARING ON DEFENDANTS’ OBJECTIONS TO THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION REGARDING TITOV EXHIBIT 27
As part of its de novo review, Defendants respectfully request that this Court hear
argument regarding exclusion of Titov Exhibit 27 from evidence. By opposing a hearing,
Warner understandably seeks to avoid scrutiny of its counsel’s multiple overlapping violations of
the Protective Order and of Rule 4-4.4(b) of the Florida Rules of Professional Responsibility.
However, Warner’s attempt to direct attention elsewhere should be rejected. Although the
Magistrate Judge held two hearings on Plaintiffs’ two motions regarding Exhibit 27, no ruling

CASE NO.: 11-CIV-20427-WILLIAMS/TURNOFF
has yet analyzed the four Protective Order violations and the ethical rule violation identified in
Hotfile’s Objections. Additionally, a hearing will allow participants to explore how Warner
came to base its position on the wrong subsection of Federal Rule of Evidence 502. A hearing
will also permit counsel to address the impact of Plaintiffs’ statement for the first time twelve
days ago – after a year of discovery and hundreds of thousands of dollars spent addressing the
entire time span of Hotfile’s operations – that Plaintiffs are not making any claim regarding
Hotfile’s post-Complaint operations. See Pls.’ Opp. Defs.’ Mot. Partial Summ. J Regarding
DMCA Safe Harbor at 4 (asserting that Hotfile’s motion for partial summary judgment regarding
post-Complaint liability seeks an “advisory opinion” because “Plaintiffs sued Hotfile based on its
system and business model as they existed pre-complaint.”). Exhibit 27 is a post-Complaint
work-product document. Given that oral argument on Plaintiffs’ improper evidentiary
submissions in support of summary judgment logically will arise in the context of any hearing on
summary judgment, Hotfile respectfully requests oral argument regarding exclusion of Exhibit
27 from the pending summary judgment motions or trial.
DATED: March 19, 2012

Respectfully submitted,
s/ Janet T. Munn
Janet T. Munn, Esq. 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

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CASE NO.: 11-CIV-20427-WILLIAMS/TURNOFF

s/ Roderick M. Thompson
Roderick M. Thompson, Esq. (admitted pro hac vice)
Email: [e-mail]
Andrew Leibnitz, Esq. (admitted pro hac vice)
Email: [e-mail]
Anthony P. Schoenberg, Esq. (admitted pro hac vice)
Email: [e-mail]
Deepak Gupta, Esq. (admitted pro hac vice)
Email: [e-mail]
Janel Thamkul, Esq. (admitted pro hac vice)
Email: [e-mail]
FARELLA BRAUN + MARTEL LLP
235 Montgomery St.
San Francisco, CA 94104
Telephone: [phone]
Telecopy: 415.954.4480
And
Valentin Gurvits, Esq. (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-CIV-20427-WILLIAMS/TURNOFF
CERTIFICATE OF SERVICE
I hereby certify that on March 19, 2012, a true and correct copy of 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.
Karen L. Stetson, Esq.
GRAY-ROBINSON, P.A.
Email: [e-mail]
1221 Brickell Avenue
Suite 1600
Miami, FL 33131
Telephone: [phone]
Telecopy: 305.416.6887

Karen R. Thorland, Esq. (admitted pro hac vice)
Senior Content Protection Counsel
Email: [e-mail]
Motion Picture Association of America, Inc.
15301 Ventura Boulevard, Building E
Sherman Oaks, CA 91403-5885
Telephone: [phone]

Steven B. Fabrizio, Esq. (admitted pro hac vice)
Email: [e-mail]
Duane C. Pozza, Esq. (admitted pro hac vice)
Email: [e-mail]
Luke C. Platzer, Esq. (admitted 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
By: s/ Janet T. Munn
Janet T. Munn

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