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)

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EXHIBIT 26 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 LANCE R. GRIFFIN, ESQUIRE PURSUANT TO FEDERAL RULE 30(b)(6) Los Angeles, California Thursday, December 22, 2011 Reported by: LORI SCINTA, RPR CSR No. 4811 Job No. 178940 LANCE R. GRIFFIN, ESQ. HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 1 UNITED STATES DISTRICT COURT 2 12/22/2011 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 LANCE R. GRIFFIN, 17 ESQUIRE, pursuant to Federal Rule 30(b)(6), taken on 18 behalf of Defendants and Counterclaimant Hotfile Corp., 19 at 633 West Fifth Street, Suite 3600, Los Angeles, 20 California, beginning at 9:47 A.M. and ending at 21 4:49 P.M. on Thursday, December 22, 2011, before 22 LORI SCINTA, RPR, Certified Shorthand Reporter No. 4811. 23 24 25 2 LANCE R. GRIFFIN, ESQ. HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 1 12/22/2011 APPEARANCES: 2 3 For Plaintiffs: 4 5 6 7 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: sfabrizio@jenner.com 8 -- and -9 10 11 12 THE WALT DISNEY COMPANY BY: GORDON GOLDSMITH Attorney at Law 500 South Buena Vista Street Burbank, California 91521-0641 818.560.7893 13 14 For Defendants and Counterclaimant Hotfile Corp.: 15 16 17 18 FARELLA BRAUN + MARTEL LLP BY: ANTHONY SCHOENBERG Attorney at Law 235 Montgomery Street San Francisco, California 94104 415.954.4400 Email: tschoenberg@fbm.com 19 20 Videographer: 21 22 23 24 VONYARN MASON SARNOFF COURT REPORTERS 20 Corporate Park, Suite 350 Irvine, California 92606 877.955.3855 25 3 LANCE R. GRIFFIN, ESQ. HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 12/22/2011 12:36 1 12:36 2 12:36 3 not certain. 12:36 4 BY MR. SCHOENBERG: 12:36 5 12:36 6 12:36 7 12:36 8 filtering technology the fact that it has populated with 12:36 9 its fingerprints any particular -- let me rephrase this 12:37 10 12:37 11 12:37 12 to utilize a digital fingerprinting preupload filtering 12:37 13 technology, how would I know which vendor to go to to 12:37 14 ensure that I was filtering Disney's fingerprints? 12:37 15 12:37 16 12:37 17 THE WITNESS: 12:37 18 could ask the vendor. 12:37 19 BY MR. SCHOENBERG: 12:37 20 testimony, calls for speculation. THE WITNESS: Q No, I'm -- I'm just saying I'm And preupload filtering -- let me -- let me rephrase this question. Does Disney communicate to users of preupload question. If I ran a -- if I ran a website and I wanted MR. FABRIZIO: Objection. Incomplete hypothetical. Q My understanding is that you Does Disney communicate that information to the 104 LANCE R. GRIFFIN, ESQ. HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 12/22/2011 03:35 1 03:35 2 03:35 3 03:35 4 MR. SCHOENBERG: 03:35 5 MR. FABRIZIO: 03:35 6 THE WITNESS: 03:35 7 response to the interrogatory. 03:35 8 BY MR. SCHOENBERG: 03:35 9 Q Other than the response to the interrogatory? 03:35 10 A I'm not aware. 03:35 11 MR. FABRIZIO: 03:35 12 THE WITNESS: 03:35 13 03:35 14 03:35 15 03:35 16 A Yes. 03:35 17 Q Did Disney ever communicate anything to Hotfile 03:35 18 regarding the use of preupload filtering to control 03:35 19 infringement other than what might be in that 03:35 20 interrogatory response? 03:35 21 03:36 22 03:36 23 recommendations regarding a repeat infringer policy? MR. FABRIZIO: I take it, Counsel, you're speaking of before this litigation began. At any time. Objection. Vague as to time. Well, I know that we have this Same objections. I'm not aware. BY MR. SCHOENBERG: Q Okay. And the first thing you mentioned was preupload filtering. MR. FABRIZIO: Same objection as to vague as to pre- or post-complaint. 164 LANCE R. GRIFFIN, ESQ. 12/22/2011 HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 1 2 3 4 5 ERRTA SHEET Corrections Pg/Ln , 'J / 5 Change from: Change to: 9 ç: \:Jc,'~cì YV"' \:: ìd ~ _/\Ö Change from: ''' \ ' \ 0" ';y¡ jiY') e y \ )cil': \ jv'* ¡ 24 -------- 25 t') ì' Signature: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 e_(' / / / / / / / to: \~, e:;, ~ '?Sl 1Y\ e (, I (L, Change from: 'ùol'c ( rv,.c ¡i' \ /2 / Change Change to: f': p',\ ~;,:\ V\~:,' r Change from: Change to: ,~ \' )) c"" ßliY\,r C Change from: Change to: Change from: Change to: Change from: Change to: Change from: Change to: Change from: Change to: Change from: Change to: Change from: Change to: Date: ~Sarnoft 208 877.955.3855 LANCE R. GRIFFIN, ESQ. HIGHLY CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 12/22/2011 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: 12/29/2011 23 24 25 ________________________________ LORI SCINTA, RPR CSR No. 4811 209

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