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 22

Page 1
1

2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-WILLIAMS/TURNOFF

3
4

5

6

7
8
9

10
11
12
13
14
15
16

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.,

17

18

19

20
21
22

23

Counterdefendant.
_______________________________
Thursday, December 15, 2011
9:15 a.m. - 2:39 p.m.
1221 Brickell Avenue
Miami, Florida
DEPOSITION OF CONSTANTIN LUCHIAN
Taken on behalf of the PLAINTIFFS before
Michael J. D'Amato, RMR, Notary Public in and for the
State of Florida at Large, pursuant to Notice of Taking
Deposition in the above cause.

24
25

Job No. 44703
TSG Reporting - Worldwide

877-702-9580

Page 2
1
2

APPEARANCES
___________

3
4

For the Plaintiffs:

5
6

7

JENNER & BLOCK
BY: JENNIFER V. YEH, ESQ.
1099 New York Avenue
Washington, DC 20001

8
9
10

For the Defendant Hotfile and Titov:

11

12

13

RASCO, KLOCK, REININGER PEREZ ESQUENAZI
VIGIL & NIETO
BY: JANET MUNN, ESQ.
283 Catalonia Avenue
Coral Gables, FL 33134

14
15
16

17

-ANDBOSTON LAW GROUP
BY: VAL GURVITZ, ESQ.
20 Park Plaza
Boston, MA 02116

18
19
20
21
22
23
24
25

TSG Reporting - Worldwide

877-702-9580

Page 129
1
2
3

Q.

What are you mean not at this time?

Does that

mean at some future point you may be reimbursed?
A.

Probably by Incorporate Now.

Yeah, probably

4

will be reimbursed by Incorporate Now but that's

5

speculation.

6
7

Q.
Hotfile.

You are registered as a DMCA agent for
What address is used for the notices?

8

A.

The general address for Incorporate Now.

9

Q.

And that is the PO -- the UPS address, is that

10

correct?

11

A.

A physical address, yes.

12

Q.

So when people send DMCA notices to Hotfile it

13
14
15

gets mailed to the UPS Store?
A.

It gets mailed to Incorporate Now at the

address 1007 North Federal Highway.

16

Q.

What is the DMCA address for Lemuria?

17

A.

The address is the same.

18

Q.

Is it the same box number?

19

A.

The address for Lemuria is the general address

20

for Incorporate Now.

21
22
23
24
25

MS. MUNN:
Q.

Objection.

Is it the same address as -- is it the same

UPS address?
A.

We use the same physical address for all of

our clients.
TSG Reporting - Worldwide

877-702-9580

Page 130
1

Q.

So for all of the clients for which you are a

2

DMCA agent all the notices get sent to the same

3

addresses, correct?

4

A.

Correct.

5

Q.

And that address is a UPS address, correct?

6

A.

No.

7

Q.

It is an Incorporate Now address and where is

8
9
10
11
12
13
14

It's Incorporate Now address.

that address, at a UPS store?
A.

UPS Store facilitates their receiving the mail

and processing.
Q.

I just want to be clear that there's no

physical office that is receiving these notices?
A.

UPS Store is a physical office that's

receiving notices.

15

Q.

I mean a physical office of Incorporate Now.

16

A.

As you mentioned before, Incorporate Now

17
18

doesn't have a chair or desk at the location.
Q.

Do you have any interactions with

19

Constantin -- starts with B, the one also involved in

20

XBT Holdings?

21

A.

Bezrunchenko, yes, I do.

22

Q.

What type of interactions?

23

A.

General Webazilla business and activities.

24

Q.

Can you be more specific?

25

A.

If I have any questions pertaining to the
TSG Reporting - Worldwide

877-702-9580

Page 135
1

copy.

2

(Deposition concluded at 2:39 p.m.)

3

(Reading and signing not waived)

4

5
6
7
8
9

10
11

12
13

14
15

16
17

18
19
20
21
22

23
24

Constantin Luchian

25

TSG Reporting - Worldwide

877-702-9580

Page 136
1
2
3

CERTIFICATE OF OATH

4
5
6

STATE OF FLORIDA

)
SS

7

COUNTY

OF MIAMI-DADE )

8
9

I, Michael J. D'Amato, Notary Public for the

10

State of Florida, certify that on the 15th day of

11

December 2011, CONSTANTIN LUCHIAN personally appeared

12

before me on and was duly sworn or affirmed.

13
14

WITNESS my hand and official seal this 28th day
of December 2011.

15
16

____________________________

17

Michael J. D'Amato
Notary Public - State of Florida

18

My Commission #DD 778385
Expires: June 13, 2012

19
20
21
22
23
24
25

TSG Reporting - Worldwide

877-702-9580

Page 137
1
2

CERTIFICATE OF COURT REPORTER
I, MICHAEL J. D'AMATO, a Registered Merit Reporter

3

and Notary Public in and for the State of Florida at

4

Large, do HEREBY CERTIFY that I was authorized to and

5

did stenographically report the deposition of CONSTANTIN

6

LUCHIAN; that a review of the transcript was; and that

7

the foregoing transcript, pages from 1 to 135, is a true

8

and accurate record of my stenographic notes.

9

I FURTHER CERTIFY that I am not a relative,

10

employee, attorney, or counsel of any of the parties, nor

11

am I a relative or employee of any of the parties'

12

attorney or counsel connected with the action, nor am I

13

financially interested in the action.

14

Dated this 28th day of December 2011.

15

_______________________

16

MICHAEL J. D'AMATO,

17

Registered Merit Reporter

18
19
20
21
22
23
24
25

TSG Reporting - Worldwide

877-702-9580

Page 138
1

ERR A T A

SHE E T

(Do not write on transcript - Enter any changes here)
2

IN RE:DISNEY v HOTFILE
PAGE/LINE

3

132/20

Date taken : 12/15/11
Change

Reason for Change

"Anton Titov" should be replaced with "I did"

Reason for change: I misunderstood the question. I thought I was being

4

5

asked "Whose name is filed in". The answer to

6

"Who filed in" is "I did".

7

7/3

Reason for change : transcriber error

8
9

8/14

12/13

36/21

39/19

50/4

20

"[e-mail]" has to be "[e-mail]"
Reason for change: transcriber error

18
19

"OMC" has to be "OMCA"
Reason for change : transcriber error

16
17

"[e-mail]" has to be "[e-mail]"
Reason for change: transcriber error

14
15

"OMC" has to be "OMCA"
Reason for change: transcriber error

12
13

"web posting" has to be "web hosting"
Reason for change: transcriber error

10
11

"web posting" has to be "web hosting"

50/19

"OMC" has to be "OMCA"
Reason for change: transcriber error
Page 1 of 2 Continued on page 2

21
22

Under penalties of perjury, I declare that I have read
my deposition and that the facts stated herein are true.

23

1/31/2012

24
25

DATE

CONSTANTIN LUCHIAN
TSG Reporting:' Worldwide

877-702-9580

Page 138
1

ERRATA

SHE E T

(Do not write on transcript - Enter any changes here)
2

IN RE:DISNEY v HOTFILE
PAGE/LINE

3

60/17

90/1

90/14

92/24

100/21

101/22

16

"open" has to be "owned"

"OMe" has to be "OMCA"

"OMC" has to be "OMCA"
Reason for change: transcriber error

14
15

"Lemuriaco" has to be "Lemuria

Reason for change: transcriber error

12
13

"Lemuriaco" has to be "Lemuria

Reason for change: transcriber error

10
11

"OMC" has to be "OMCA"

Reason for change: transcriber error

8
9

Reason for Change

Reason for change: transcriber error

6
7

Change

Reason for change : transcriber error

4

5

Date taken:12/15/11

109/8

"Oepositfile.com" has to be "Oepositfiles.com"
Reason for change : transcriber error

17
18
19
20

Page 2 of 2. End

21
22

Under penalties of perjury, I declare that I have read
my deposition and that the facts stated herein are true.

23

1/31/2012

24
. 25

CONSTANTIN LUCHIAN
TSG Reporting':.. Worldwide

DATE
877-702-9580