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

Filing 420

NOTICE by Hotfile Corp., Anton Titov of Filing PUBLICLY FILED REDACTED Version of the Declaration of Janel Thamkul Filed In Support of Memoranda In Support of Motions for Summary Judgment (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)(Munn, Janet)

EXHIBIT A

PUBLIC VERSION
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.
____________________________________/
DECLARATION OF JANEL THAMKUL AND EXHIBITS
THERETO, IN SUPPORT OF DEFENDANTS’ REPLY TO
HOTFILE’S MOTION FOR PARTIAL SUMMARY
JUDGMENT UNDER THE DMCA’S SAFE HARBOR AND
ANTON TITOV’S REPLY IN SUPPORT OF TITOV’S
MOTION FOR SUMMARY JUDGMENT
I, Janel Thamkul, declare as follows:

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FILED UNDER SEAL

1.

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

I am an attomey at Farella Braun + Martel LLP, counsel for defendant Hotfile

Corporation and Anton Titov. I have personal knowledge of the matters stated herein and, if
called and sworn as a witness, I could and would competently testify to the facts set forth herein.
2.

Attached hereto as Exhibit I is a true and correct copy of Principles for User

Generated Content Services. This document is Exhibit 18 to the deposition of Vicki Solmon,
taken December 23,2011 in the above-captioned case.
3.

Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the

deposition of Vicki Solmon, taken December 23,2011 in the above-captioned case.
4.

Attached hereto as Exhibit 3 is a true and correct copy of Plaintiffs' Third Set of

Requests for Production, dated June 14, 2011.
5.

Attached hereto as Exhibit 4 is a true and correct copy of emails between Tony

Schoenberg and Duane Pozza, dated January 16-31, 2012.
6.

Attached hereto as Exhibit 5 is a true and correct copy of emails between Luke

Platzer and Rod Thompson, dated February 3-7, 2012.
7.

Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the

deposition of Anton Titov, taken December 6-7, 2011 in the above-captioned case.
8.

Attached hereto as Exhibit 7 is a true and correct copy of Plaintiffs' Third

Supplemental Responses and Objections to Hotfile's Interrogatory No.1, with cited portion
underlined, dated October 11,2011.
9.

Attached hereto as Exhibit 8 is a true and correct copy of Defendants' Initial

Disclosures, dated May 2, 20 II.
10.

Attached hereto as Exhibit 9 is a true and correct copy of excerpts from

Defendants' Responses to Plaintiffs' First Set of Interrogatories, dated May 5, 2011.

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II.

CASE NO.: II-CIY -20427-WILLIAMSITURNOFF

Attached hereto as Exhibit 10 is a true and correct copy of an email between

Steven B. Fabrizio and Andrew Leibnitz, et aI., dated June 5, 2011 .

•

13.

I declare under penalty of perjury under the laws of the United States of America

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