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

Filing 449

NOTICE by Hotfile Corp., Anton Titov Defendants' Notice of Filing the Publicly Filed Version of the Declaration of Andrew Leibnitz and Exhibits Thereto Filed In Support of Defendants' Opposition to Plaintiffs' Motion to Strike Portions of Boyle, Cromarty and Titov Declaration (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)(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 ANDREW LEIBNITZ IN
SUPPORT OF DEFENDANTS’ OPPOSITION
TO PLAINTIFFS’ MOTION TO STRIKE
PORTIONS OF BOYLE, CROMARTY, AND
TITOV DECLARATIONS

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CASE NO.: llcCIV-20427-WILLIAMS/TURNOFF

I, Andrew Leibnitz, declare as follows:
1.

I am ffiI attorney at Farel,Ia Braun + lviartel LLP, counsel for defendants Hotfile

Corporation and Anton Titov. I have personallmowledge ofthe matters stated herein and, if
called and swom as a witness, I could and would competently testify to the 'facts set fmth herein.
2.

Illmeeting-ffild-conferring about Plaintiffs' demffiId for all Google Analytics data

from Hotfile (Request No. 19) in May 2011, Hotfile offered to produce any Google Analytics
information ever printed 01' saved electronically by Hotfile in full satisfaction of Request No. 19.
Plaintiffs declined.
3.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts fi'om the

. deposition of Anton Titov, taken December'5-8, 2011 in the above-captioned case.
4.

Attached hereto as Exhibit 2 is a true ffiId correct copy

5.

Attached hereto as Exhibit 3 is a tme ffild correct copy of Plaintiffs' Rule

30(b)(6) Notice of Deposition of Hotfile, dated November 15, 2011.
6.

Attached hereto as Exhibit 4 is a tme ffild correct copy of ffil email from Rod

Thompson to Steve Fabrizio, dated December 3,2011.
7.

Attached hereto as Exhibit 5 is a tme and correct copy

8.

Attached hereto as Exhibit 6 is a true and COlIect copy of the Subpoena to

Produce Documents, InfOlIDatiol1, or Objects, or to Permit Inspection of Premises in a Civil
Action, served on Google in the above-captioned case, dated Apri14, 2011.
9.

. Attached hereto as Exhibit 7 is a true ffild copy of ali email from Duane Pozza to

Andrew Leibnitz, dated June 23, 2011.
. 10.

Attached hereto as Exhibit 8 is a true ffild copy of an email from Duane Pozza to

Andrew Leibnitz, dated July 6, 2011.
II.

Attached hereto as Exhibit '.i is a true and copy of an email from Duane Pozza to

Tony Schoenberg, dated October 20,2011.
12.

Attached hereto as Exhibit 10 is a true ffild copy of an email from DUffile Pozza to

Andrew Leibnitz, dated November 4,2011.

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13.

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

Attached hereto as ExhIbit 11 is a title and correct copy of the Subpoena to

Produce Documents, Infonnation, or Objects, or to Permit Inspection of Premises in a Civil
Action, served on Google in the above-captioned case, dated December 6, 20 II.
14.

Attached hereto as Exhibit 12 is a tme and correct copy of an email from Duane

Pozza to Tony Schoenberg, dated Febnmry 2, 2012.
15.

Attach~d hereto as Exhibit 13 is a true and correct copy of an email from Steven

Fabrizio to Andrew Leibnitz, dated December 3,2011.
16,

Attached hereto as Exhibit 14 is a true and correct copy of excelpts from the

deposition of James Boyle, taken Jaunary 19, 2012 in the above-captioned case.
17.

Attachedhereto as Exhibit 15 is a true and correct copy of excelpts from the

deposition of Andrew Cromarty; taken December 16,2011 in the above-captioned case.
18.

Attached hereto as Exhibit 16 is a true and correct copy of excelpts from the

deposition of Scott Zebrak, taken January 20, 2012 in the above-captioned case.
I declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct.
Executed on tlus 2nd day of April 2012, at San Francisco, California.

~tz)~

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