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)

Download PDF
EXHIBIT 10 I From: Sent: To: Cc: Subject: . : •.....•• . ..... -'.' .. ; . :,,:- .. ,:,,' ..• ..: .. '':_ .. _.- .. _ ~. .. ~..: ...: .. .:..:::-.::::=::=::.:.:.-.-:! Fabrizio, Steven 8[SFabrizio@jenner.coml . Sunday, June 05, 2011 8:14 AM Leibnitz, Andrew (21) x4932; Pozza, Duane; Thompson, Rod. (27) x4445 Schoenberg, Tony (28) x4963; Platzer, luke C Re: Hotfile - individuals listed in response to Interrogatory No.1 Andy, We. have not' made final.decisions as to who· we might depose and likely will only. make those 'determination 5 after reviewing defendants' documents_ However ,wi thout prejudice, you' can assume that we would depose Chuburov, IanakoV,1IIIIIIIII and Manov. Yaucan also assume that, once we have defendants' consent to voluntarily produce these witnesses in Bulgaria (assuming that i:s where they are reside)' pursuant to the Federal Rules, we will make proper arrangements with the Bulgarian auti10ri ties so no one's sovereignty will be insulted ... Having defendants' consent and stipulation undoubtedly will ~o a long way towards facilitating . . arrangements with the consulate. You.can also assume that we will coor·dinate times with an ... concerned so the dates are reasonably convenience for everyone . As for bringing the .witnesses to theUS, we can of course agree that we wiJl not use their presence on us soil to serve them with process or otherwise prejudice them (much like we did whenmeet:i.ng Titov in .Florida for our settlement conference) . . As for the cost issue; we'll have to check witl1 our clients .. However. for purpose of answering our. questions. assume that we would reach a mutually agreeable arrangement.on costs, since (despite our mutual desire to · explore Bulgaria) taking these .depositions in the US would save both our<clients the expense of sending th'eir legal teams to Bulgaria. li' , · The process.· of obtaining discovery in Bulgaria, in the absence of the Trtiplllation we- are proposing. is likely going to be time consuming .. If you will not .agr~'a:s··'we have proposed (subject to the assumptions stCjted) we will have to move immediately t'o begin this process. · It does seem to us that youcannqt ask for motions by July 15 and then be unwilling to do' what is necessary to see that we get necessary DMCA discovery withoutrlelaY. Nevertheless • . , please let us know by the first of the week so that. in the .' absence of agreement. we can file whatever' motions are appropriate· to begin seeking the required discovery through international discovery channels. " · SBF From: Andrew Leibnitz <aleibni tz@fbm. com<mailto: aleibni tz@fbm. cO.m> > Date: Fri j 3 Jun 21311 18:25':55 -135ee' . · To: Duane Pozza <DPozza@jenner.com<matlto:DPozza@jenner.com», "Roderick M: Thompson" . <rthompson@fbm.com<mallto:rthompson@fbm.com» Cc: n Anthony P. Schoenberg"·· <tschoen berg@fbm. com<mailto: ts choenberg@fbm. com> >, Steven Fabrizio <sfabritio@jenner.com<mailto:sfabrizio@jenner.com». Luke Platzer <LPlatzer@jenner.com<mailto:LPlatzer@jenner.com» . Subject: RE: Hotfile ~. individuals. listed in response.to.Interrogatory No.1 Duane: Who specifically would Plaintiffs like to depose? If depositions are to proceed in Bulgaria, must Plaintiffs make arrangements to conduct depositions at a consulate to .avoid insulting Bulgarian sovereignty (and exposing the lawyers to criminal sanctions)? If so, when are those facilities available? Are Plaintiffs willing to pay for business class travel for witnessesa.nO guarantee that they will not be greeted by other service of process? While I 1 .! .. ... ----------- -.. _._------------, .-....-..---.- ""··.i underit~nd that you m~y not have all of thi~ i~formation at your fingertip~,the more infor~ation Plaintiffs can prbvide, th~ betier our clients can ~ssess Plaintiffs' request. Regards, ANDY -~---Original Message----- ' From: Pozza,Duane [mailto:DPozza@jenner.com] Seht: Friday. June 03, 2011 2:46 PM To: Thompson. Rod (27) x4445; Leibnitzj Andrew (21) x4932 Cc: Schoenberg, 'Tony (28) x4963; Fabrizio. Steven B; Platzer. Luke C Subject: Hotfile - individuals listed in ,response to Interrogatory No.1 Rod. Andy, In addition to Anton Titov, there are'a number of individuals listed in response to Interrogatory No~ 1 who have worked for Hotfil~£orp. and that you have indi~ated are located outside ·the country. In my meet and confer discussions with Andy and Tony. Andy has stated that defendants would not ~ccept ser~ice 6~'a subpoena on any of those individuals, though please let me know ~f I've misunderstood your position or if has changed. In any everit, would defenda~ts agree to volunt~rily produce such individ~als for a deposition consistent with the Federal Rules, either by bringing them into the country for a deposition in the United States, or by agreeing to produce 'them for a deposition in their country bf origin, such that plain~iffs may timely conduct their depositions? please let me know. Thanks, Duane ,Duane'Pozza ,Jenner & Block LLP 1099 New York Avenue, N.W. Suite 900 , Washington, 'DC 20001-4412 Tel (282) 639-6827 Fax (282) 661~4962 DPozza@jenner.com<mailto:DPozza@jenner.com> www.jenner. com<http://www.jenner.com/> ' ,CONFIDENTIALITY WARNING: This email may contain privileged or confidential information and is for the sole use of the intended recipient(s). Any unauthorized use or disclosure of this communication is prohibited. If you believe that you have received this eman in error, please notify the sender immediately and delete it from your system. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?