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

Filing 390

NOTICE by Hotfile Corp., Anton Titov Defendants' Notice of Filing the Publicly Filed Redacted Version of the Declaration of Andrew Leibnitz and Exhibits Thereto, Filed in Support of Defendants' Opposition to Plaintiffs' Motion for Summary Judgment and Exhibits Thereto (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37)(Munn, Janet)

EXHIBIT 11

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

DISNEY ENTERPRISES, INC.,
TWENTIETH CENTURY FOX FILM
CORPORATION, UNIVERSAL CITY
STUDIOS PRODUCTIONS LLP,
COLUMBIA PICTURES INDUSTRIES,
INC., AND WARNER BROS.
ENTERTAINMENT, INC.,
Plaintiffs,
vs.
HOTFILE CORP., ANTON TITOV,
AND DOES 1-10,
Defendants.

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)No. 11-20427-Jordan
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HIGHLY CONFIDENTIAL
30(b)(6) Deposition of Warner Bros.
Entertainment, Inc.
by and through DAVID KAPLAN
WEDNESDAY, OCTOBER 12, 2011
LOS ANGELES, CALIFORNIA

ATKINSON-BAKER, INC.
COURT REPORTERS
[phone]
www.depo.com
REPORTED BY:

JEANINE CURCIONE
CSR NO. 10223, RPR

FILE NO.: A505CAB

Electronically signed by Jeanine Curcione (601-181-089-2662)

a7c38bf7-dabc-4c88-b57f-4a045d26c2f9

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Deposition of DAVID KAPLAN, taken on

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behalf of Defendant, at 9:37 A.M., Wednesday,

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October 12, 2011, at 633 West Fifth Street, Suite

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3500, Los Angeles, California, before Jeanine

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Curcione, C.S.R. No. 10223, RPR, pursuant to

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notice.

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APPEARANCES OF COUNSEL:

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FOR THE PLAINTIFFS:

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JENNER & BLOCK, LLP
BY: STEVEN FABRIZIO, ESQ.
633 West Fifth Street
Suite 3500
Los Angeles, California 90071
AND

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MOTION PICTURE ASSOCIATION OF AMERICA, INC.
BY: KRISTA S. COONS, ESQ.
15301 Ventura Boulevard
Building E
Sherman Oaks, California 91403
FOR THE DEFENDANTS:
FARELLA BRAUN & MARTEL, LLP
BY: RODERICK M. THOMPSON, ESQ.
235 Montgomery Street
17th Floor Russ Building
San Francisco, California 94104
ALSO PRESENT:

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EVAN M. ENGSTROM, ESQ.

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DAN ACKLEY, VIDEOGRAPHER

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Electronically signed by Jeanine Curcione (601-181-089-2662)

a7c38bf7-dabc-4c88-b57f-4a045d26c2f9

Electronically signed by Jeanine Curcione (601-181-089-2662)

a7c38bf7-dabc-4c88-b57f-4a045d26c2f9

Electronically signed by Jeanine Curcione (601-181-089-2662)

a7c38bf7-dabc-4c88-b57f-4a045d26c2f9

REPORTER'S CERTIFICATE

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I, JEANINE CURCIONE, C.S.R. NO. 10223, RPR, in and

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for the State of California, do hereby certify:

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That prior to being examined, the witness

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named in the foregoing deposition was by me duly

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sworn to testify the truth, the whole truth and

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nothing but the truth.
That said deposition was taken down by me

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in shorthand at the time and place therein named,

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and thereafter reduced to typewriting under my

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direction, and the same is a true, correct and

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complete transcript of said proceedings.
That the witness, before examination, was

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by me duly sworn to testify the truth, the whole

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truth, and nothing but the truth, and that the

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witness reserved the right of signature;
I further certify that I am not interested

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in the event of the action.
Witness my hand this 26th day of October,

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2011.

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Electronically signed by Jeanine Curcione (601-181-089-2662)

_________________________
Certified Shorthand
Reporter for the
State of California

a7c38bf7-dabc-4c88-b57f-4a045d26c2f9

Page 1
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,
CASE NO.
11-20427-WILLIAMS-TURNOFF

vs.

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

CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
VIDEOTAPED DEPOSITION OF DAVID P. KAPLAN, ESQUIRE
PURSUANT TO FEDERAL RULE 30(b)(6)
Los Angeles, California
Tuesday, December 13, 2011
Volume 1
Reported by:
LORI SCINTA, RPR
CSR No. 4811
Job No. 177476B

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF FLORIDA

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

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Plaintiffs,

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6

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vs.

CASE NO.
11-20427-WILLIAMS-TURNOFF

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

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Defendants.
_________________________
AND RELATED CROSS-ACTION.
_______________________________________________________

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CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
Videotaped deposition of DAVID P. KAPLAN,

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ESQUIRE, Volume 1, pursuant to Federal Rule 30(b)(6),

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taken on behalf of Defendants and Counterclaimant,

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at 633 West Fifth Street, Los Angeles, California,

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beginning at 2:18 P.M. and ending at 4:58 P.M. on

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Tuesday, December 13, 2011, before LORI SCINTA, RPR,

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Certified Shorthand Reporter No. 4811.

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Page 3
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APPEARANCES:

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For Plaintiffs:

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JENNER & BLOCK LLP
BY: STEVEN B. FABRIZIO
Attorney at Law
1099 New York Avenue, NW, Suite 900
Washington, D.C. 20001-4412
202.639.6000
Email: [e-mail]

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For Defendants and Counterclaimant:
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FARELLA BRAUN + MARTEL LLP
BY: EVAN M. ENGSTROM
Attorney at Law
235 Montgomery Street
San Francisco, California 94104
415.954.4400
Email: [e-mail]

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Videographer:
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VONYARN MASON
SARNOFF COURT REPORTERS
20 Corporate Park, Suite 350
Irvine, California 92606
877.955.3855

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know, looks at the Internet.

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other -- from vendors.

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lines it -- it popped out.

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Q

We receive reports from

I presume something along those

Who works in your antipiracy group?

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MR. FABRIZIO:

Objection.

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THE WITNESS:

There's me.

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Ethan Applen.

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Michael Bentkover.

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Jaclyn Knag.

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Lucia Rangel.

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Fernando Fronda.

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Asad Kazi.

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Janice Pearson, J-a-n-i-c-e P-e-a-r-s-o-n.

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Ben Karakunnel.

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Trevor Albery.

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Victoria Furniss.

F-u-r-n-i-s-s.

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Christian Sommer.

S-o-m-m-e-r.

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Bret Boivin.

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THE REPORTER:

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THE WITNESS:

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Michael Blaut.

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Didier Wang.

D-i-d-i-e-r W-a-n-g.

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Bas Vissers.

Bas is B-a-s.

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Overbroad.

A-p-p-l-e-n.

J-a-c-l-y-n K-n-a-g.
R-a-n-g-e-l.
Fronda is F-r-o-n-d-a.

A-s-a-d.

Last name Kazi, K-a-z-i.

K-a-r-a-k-u-n-n-e-l.
A-l-b-e-r-y.

B-o-i-v-a-n [sic].
-- "v-a-n-"?
B-o-i-v-a-n.
B-l-a-u-t.

Vissers is

V-i-s-s-e-r-s.
Yoshi Nishida.

Y-o-s-h-i.

Nishida is

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N-i-s-h-i-d-a.

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Han Shin.

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Leslie Dobbins.

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H-a-n S-h-i-n.

BY MR. ENGSTROM:
Q

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Are you sure that's everybody?
I'm just kidding.

That's an impressible --

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remarkable memory.

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three-and-a-half hours of preparation just to do.

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Let me ask you specifically about one person.

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That would have taken me

What is Christian Sommer's role?
A

Christian is based in Germany.

He is a

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director, and he supports the -- taking piracy-related

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information, basically, and presenting it to the

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European business executives.

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Q

Does he report to any --

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A

He does report to someone, yes.

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Q

Who is that?

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A

He reports to Trevor Albery.

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Q

What is Trevor Albery's role?

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A

Trevor is the vice president in charge of

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antipiracy operations for -- we say E-M-E-A, which

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stands for Europe, Middle East and Africa.

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Q

Do you report to anyone?

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A

Yes.

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Q

Who do you report to?

Page 106
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I, the undersigned, a Certified Shorthand
Reporter of the State of California, do hereby certify:
That the foregoing proceedings were taken

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

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any witnesses in the foregoing proceedings, prior to

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testifying, were duly sworn; that a record of the

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proceedings was made by me using machine shorthand

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which was thereafter transcribed under my direction;

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that the foregoing transcript is a true record of the

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testimony given.

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Further, that if the foregoing pertains to

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the original transcript of a deposition in a Federal

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Case, before completion of the proceedings, review of

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

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I further certify I am neither financially

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interested in the action nor a relative or employee

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of any attorney or party to this action.

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

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Dated: 12-15-11

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________________________________
LORI SCINTA, RPR
CSR No. 4811