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

Filing 431

NOTICE by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc. re 414 Notice (Other), >NOTICE OF FILING PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION (filed under seal, 3/7/12, public redacted version filed at DE 414) TO STRIKE DECLARATION OF JENNIFER V. YEH (Attachments: # 1 Exhibit >PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS HOTFILE CORPORATION AND ANTON TITOV'S MOTION TO STRIKE DECLARATION OF JENNIFER V. YEH (PUBLIC REDACTED VERSION)<, # 2 Affidavit Declaration of Jennifer V. Yeh in Support of Plaintiffs' Opposition to Motion to Strike, # 3 Exhibit A to Declaration of J. Yeh)(Stetson, Karen)

EXHIBIT A

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-JORDAN
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.

/

DEFENDANTS’ SUPPLEMENTAL RESPONSE TO PLAINTIFFS’
INTERROGATORY NO. 13(a)
PROPOUNDING PARTY:

Plaintiffs Disney Enterprises, Inc., Twentieth Century Fox
Film Corporation, Universal City Studios Productions
LLLP, Columbia Pictures Industries, Inc., and Warner
Bros. Entertainment

RESPONDING PARTIES:

Defendants Hotfile Corporation and Anton Titov
(collectively “Hotfile”)1

SET NO.:

Second (2)
GENERAL OBJECTIONS

1.

Hotfile has not completed its investigation of facts, witnesses or documents

relating to this case, has not completed discovery, has not completed analysis of available
information, and has not completed preparation for trial. Hotfile reserves the right to supplement
1

The Defendants reserve their respective rights to assert all appropriate separate defenses. Mr. Titov is included in
the shorthand term “Hotfile” along with Hotfile Corp. solely as a convenience and in light of the Parties agreement
“that discovery requests served by one side on the opposing side will be equally applicable to all parties on the other
side.” Joint Scheduling Conference Report, filed 4/15/11, Dkt. 54 at 16. Nothing in these responses is an admission
by Anton Titov or Hotfile Corp. of any particular relationship between them or any other fact.

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CASE NO. 11-20427-JORDAN
its response to each and every interrogatory (or part thereof) without obligating itself to do so,
and reserves the right to introduce and rely upon such information in the course of this litigation.
2.

All of the responses set forth below are based solely on such information and

documents that are available to and specifically known to Hotfile at this time. It is anticipated
that further discovery, independent investigation, and analysis may lead to substantial additions
or changes in, and variations from the responses set forth herein.
3.

Hotfile objects to each interrogatory to the extent that it is vague, ambiguous,

overbroad, and requires an unduly burdensome search for and production of, documents or
information neither relevant to the subject matter involved in the pending action nor reasonably
calculated to lead to the discovery of admissible evidence, and which will result in unnecessary
burden and undue expense to Hotfile.
4.

Hotfile objects to each interrogatory to the extent that it seeks disclosure of

information or documents protected from disclosure or production by the attorney-client
privilege, the attorney work-product doctrine, or any other privilege available under statutory,
constitutional or common law. Inadvertent production of any such information or documents
shall not constitute waiver of any privilege or any other ground for objecting to discovery with
respect to such information or documents, nor shall inadvertent production waive Hotfile’s right
to object to the use of any such information or documents in any proceedings.
5.

Hotfile objects to each interrogatory to the extent that it seeks electronically

stored information that is not reasonably accessible to Hotfile because of undue burden or cost.
6.

Hotfile objects to each interrogatory to the extent it seeks proprietary information

of third parties which Hotfile is not authorized to disclose. Hotfile reserves its right,
notwithstanding the Protective Order issued in this case, to object to production of any private,
proprietary, personal, financial, confidential, or other similar information based on any state,
federal, or international standards or laws governing privacy.
7.

Hotfile objects to the Definition of “Hotfile users” as vague, ambiguous, and

overbroad. As currently defined, that term purportedly refers to every internet user who has ever

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CASE NO. 11-20427-JORDAN
accessed the Hotfile.com website for any purpose, irrespective of whether a given individual has
actually downloaded files from or uploaded files to Hotfile.com. It is impossible for Hotfile to
know the identity of every person who has ever accessed the Hotfile website. To the extent that
Plaintiffs’ interrogatories seek information regarding or related to all such internet users, such
interrogatories are unduly burdensome and not reasonably calculated to lead to the discovery of
admissible evidence.
8.

Hotfile objects to the Definition of “You” as overbroad. As currently defined,

that term would include any entity, business venture, or organization subject to Anton Titov’s
control (assuming any such entity, business venture or organization exists), irrespective of
whether such entity has any relation or relevance to the present dispute. To the extent that
Plaintiffs’ interrogatories seek information regarding or related to all such entities, such requests
are unduly burdensome and not reasonably calculated to lead to the discovery of admissible
evidence.
9.

Hotfile objects to the Definition of “Hotfile entity” as overbroad. As currently

defined, that term would include any entity, business venture, or organization subject to any
Defendant’s control (assuming any such entity, business venture, or organization exists),
irrespective of whether such entity has any relation or relevance to the present dispute. To the
extent that Plaintiffs’ interrogatories seek information regarding or related to all such entities,
such requests are unduly burdensome and not reasonably calculated to lead to the discovery of
admissible evidence. Hotfile will respond to these interrogatories on behalf of themselves, and
will produce documents within their possession, custody, or control.
10.

Hotfile objects to the Definition of “Affiliate programs” as overbroad. As

currently defined, that term would include any payment made from Anton Titov, Hotfile Corp.,
or any entity, business venture, or organization subject to any Defendant’s control (assuming
such entity, business venture, or organization exists) to any internet user who has ever accessed
the Hotfile.com website. Such an indeterminate definition encompasses a huge range of
monetary transactions wholly irrelevant to the present dispute. To the extent that Plaintiffs’

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CASE NO. 11-20427-JORDAN
interrogatories seek information regarding or related to all such transactions, such requests are
unduly burdensome and not reasonably calculated to lead to the discovery of admissible
evidence.
11.

Hotfile objects to each interrogatory to the extent it imposes on Hotfile

obligations that exceed or are inconsistent with the obligations imposed by the Federal Rules of
Civil Procedure.
12.

Hotfile objects to each interrogatory to the extent it imposes on Hotfile

obligations that are inconsistent with United States or foreign privacy laws.
13.

All responses to these interrogatories are made without in any way waiving or

intending to waive, but on the contrary preserving and intending to preserve:
a.

all objections as to the competence, relevance, and admissibility of any

documents or information produced in response to interrogatories as evidence for any
purpose in subsequent proceedings or at the trial of this or any other action, arbitration,
proceeding or investigation;
b.

the right to object on any ground at any time to the use of any of the

documents or information provided in response to these interrogatories, or the subject
matter thereof, in any subsequent proceedings or at any trial(s) of this action, or any other
action, arbitration, proceeding or investigation; and
c.

the right to object on any ground at any time to a demand for further

responses to these interrogatories or any other interrogatories, or to other discovery
proceedings involving or relating to the subject matter of these interrogatories.
14.

The general objections stated herein are incorporated by reference into each

response herein, as if fully set forth below. While Hotfile has responded to these interrogatories,
it does so without waiving any right to object to any further inquiry or any effort to compel
responses beyond those provided herein. Any response provided herein is subject to, and limited
by, all general and specific objections stated herein.

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CASE NO. 11-20427-JORDAN

RESPONSES TO PLAINTIFFS’ SECOND SET OF INTERROGATORIES

INTERROGATORY NO. 13:
Identify each username, user identification number, email address, screen name, handle,
alias, or nickname used by Defendants or any individual identified in response to Interrogatory
No. 1 in order to post, communicate, or conduct any activity on:
a)

Any online forum or other website that contains discussion pertaining to Hotfile,

other document hosting and “locker” websites or online file sharing:
b)

Any website that hosts links to files hosted on the Hotfile Website (“a Link Site”);

c)

Any website that offers the ability to search for files on the Hotfile Website (“a

Search Site”);
d)

Any email or instant message account used for any discussion pertaining to

Hotfile; and for each such username, user identification number, email address, screen name,
handle, alias, or nickname, identify the forum(s) or website(s) on which it was used.
SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 13(A):
Hotfile has conducted further investigation in response to this interrogatory and
discovered additional responsive information.
Hotfile hereby supplements and amends its previous response. This response supersedes
and replaces Hotfile’s previous response to this Interrogatory No. 13(a).
RESPONSE TO INTERROGATORY NO. 13(A):
Hotfile incorporates by reference its general objections to this interrogatory. Hotfile
further objects to this interrogatory as overbroad, unduly burdensome, and not reasonably
calculated to lead to the discovery of admissible evidence in that it seeks identifying information
for any Defendant or any individual that has ever worked for Hotfile, regardless of whether such
information is related in any way to the present dispute. Plaintiffs’ interrogatory is not tailored
to getting access to “discussion[s] pertaining to Hotfile” nor is it directed at the accusations of
infringement leveled against Hotfile in the present dispute. Rather, this interrogatory appears

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CASE NO. 11-20427-JORDAN
designed principally to harass. Hotfile further objects to this interrogatory as vague, ambiguous,
and overbroad in its use of the words and phrases, “ability to search for files on the Hotfile
Website,” and “conduct any activity.” Hotfile further objects based on rights of privacy both in
the United States and abroad. Hotfile further objects that this interrogatory is compound.
Subject to those general and specific objections, Hotfile responds as follows: Following
a diligent search, Hotfile has located the following responsive information:
http://forums.digitalpoint.com/showthread.php?t=1280370
User:ButcherBoy
http://www.webmasterforums.com/advertise-request/22725-file-hosting-affiliateprogram-presentation.html
User:ButcherBoy
http://www.v7n.com/forums/webmaster-marketplace/118865-file-hosting-affiliateprogram-presentation.html
User:ButcherBoy
http://forums.linkbucks.com/archive/index.php/t-3984.html
User:ButcherBoy
http://forum.massivelinks.com/topic/8296-earn-money-while-uploading-your-file/
User:ButcherBoy
http://www.freelancer.com/projects/Web-Promotion-Link-Building/Promote-file-hostingaffiliate-program.html
User:ButcherBoy
Hotfile has a Twitter account registered to the email address [e-mail] and the
name hotfile.com.
Hotfile has produced responsive emails of its personnel and is in the process of collecting
and producing the chat logs that it was able to locate following a diligent search.

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CA ENO. 11-20427-JORDAN
DATED: November 15, 2011

By:
son (admitted pro hac vice)
Roc erick I\
Andrew Lei nitz admitted pro hac vice)
Anthony P. Schoenberg (admitted pro hac vice)
Deepak Gupta (admitted pro hac vice)
Janel Thamkul (admitted pro hac vice)
FARELLA BRAUN + MARTEL LLP
235 Montgomery St.
San Francisco, CA 94104
Telephone: [phone]
Telecopy: 415.954.4480
And
Janet T. Muim, Fla. Bar No. 501281
Rasco Klock
283 Catalonia Avenue, Suite 200
Coral Gables, Fl 33134
Telephone: [phone]
Telecopy: 305.476.7102
Email: [e-mail]
Counsel for Defendants Hotfile Corp. and Anton
Titov

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CASE NO. 11-20427-JORDAN
VERIFICATION

I, Anton Titov, am a Manager of Hotfile Corporation, a defendant in this lawsuit. 1 make
this verification on behalf of said party and on behalf of myself as an individual. 1 have read the
foregoing Defendants' Supplemental Response to Plaintiffs' Interrogatory No. 13(a) and know
the contents thereof To the best of my knowledge, information and belief, the responses set
forth therein are true and correct.
I declare under penalty of perjury under the laws of the State of Florida that the foregoing
is true and correct.
Executed this/ i day of

, 2011, in •

f;),

By:
ton Titov

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Lcc,

CASE NO. 11-20427-JORDAN
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-JORDAN
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.

/

CERTIFICATE OF SERVICE
I am a citizen of the United States and employed in San Francisco County, California.
I am over the age of eighteen years and not a party to the within-entitled action. My business
address is 235 Montgomery Street, 17th Floor, San Francisco, California 94104; my e-mail is
[e-mail].
I HEREBY CERTIFY that on November 15, 2011, I electronically served the following
documents on all counsel of record on the attached Service List via their email address(es). The
documents served on this date are:
DEFENDANT’S SUPPLEMENTAL RESPONSE TO PLAINTIFFS’
INTERROGATORY NO. 13(a)
I declare under penalty of perjury that the foregoing is true and correct. Executed on
November 15, 2011, at San Francisco, California.

Greg George

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CASE NO. 11-20427-JORDAN

SERVICE LIST: CASE NO. 11-CIV-20427-JORDAN
Karen R. Thorland, Esq.
Motion Picture Association of America, Inc.
15301 Ventura Blvd., Building E
Sherman Oaks, CA 91403
Telephone:
[phone]
Fax:
[phone]
Email: [e-mail]
Attorneys for Plaintiffs
Party Name: Disney Enterprises, Inc.,
Twentieth Century Fox Film Corporation,
Universal City Studios Productions LLP,
Columbia Pictures Industries, Inc., Warner
Bros. Entertainment Inc.
Served via electronic mail by agreement

Duane C. Pozza, Esq.
Luke C. Platzer, Esq.
Steven B. Fabrizio, Esq.
Jenner & Block
1099 New York Avenue, N.W., Ste. 900
Washington, DC 20001-4412
Telephone:
[phone]
Fax:
[phone]
Email: [e-mail];
[e-mail]; [e-mail]
Attorneys for Plaintiffs
Party Name: Disney Enterprises, Inc.,
Twentieth Century Fox Film Corporation,
Universal City Studios Productions LLP,
Columbia Pictures Industries, Inc., Warner
Bros. Entertainment Inc.
Served via electronic mail by agreement

Karen Linda Stetson, Esq.
Gray-Robinson P.A.
1221 Brickell Avenue, Suite 1650
Miami, FL 33131
Telephone:
[phone]
Fax:
[phone]
Email: [e-mail]

BOSTON LAW GROUP
Valentin Gurvits
825 Beacon Street, Suite 20
Newton Center, MA 02459
Telephone: [phone]
Fax:
617-928-1802
[e-mail]

Attorneys for Plaintiffs
Party Name: Disney Enterprises, Inc.,
Twentieth Century Fox Film Corporation,
Universal City Studios Productions LLP,
Columbia Pictures Industries, Inc., Warner
Bros. Entertainment Inc.

Attorney for Defendants
Hotfile Corp. and Anton Titov

Served via electronic mail by agreement

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Served via electronic mail by agreement

CASE NO. 11-20427-JORDAN
Janet T. Munn, Esq.
Rasco Klock
283 Catalonia Avenue, Suite 200
Coral Gables, FL 33134
Telephone:
[phone]
Fax:
[phone]
Email: [e-mail]
Local Attorney for: Defendants
Party Name: Hotfile Corp. and Anton Titov
Served via electronic mail by agreement

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