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)

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Exhibit 6 AO 88B (Rev. 06/09) Subpoena to Produce Documents, Information, or Objects or to Penn it Inspection of Premises in a Civil Action UNITED STATES DISTRICT COURT for the Northern District of California Disney Enterprises, Inc., et al. ) Plaintif ) v. Hotfile Corp., Anton Titov, and Does 1-10 ) ) Defendant ) ) Civil Action No. 11-20427-AJ (If the action is pending in another district, state where: Southern District of Florida SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION To: Google, Inc. Legal Compliance, 1600 Amphiteatre Parkway, Mountain View, CA 94043 ED to produce at the time, date, and place set forth below the following the ~ Production: YOU ARE COMM AND documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of material: See Schedule A and Time: Place: County Process Service, Inc. 31 East Julian Street 05/06/2011 5:00 pm 12 o Inspection of Premises: YOU ARE COMMANDE D to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it. Date and Time: Place The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule not doing so, are 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of attached. Date: 04/04/2011 CLERK OF COURT OR Signature of The name, address, e-mail, and telephone number of Clerk or Deputy Clerk the attorney representing (name afparty) Disney Enterprises, Inc., , who issues or requests this subpoena, are: Luke C. Platzer, Jenner & Block LLP, 1099 New York Avenue NW, Suite 900, Washington DC 20001 Phone: (202) 639-6000 Email: Iplatzer@jenner.com AO 88B (Rev. 06/09) Subpoena to Produce Documents. Infonnation, or Objects or to Pemiit Inspection of Premises in a Civil Action (Page 2) Civil Action No. 11-20427-AJ PROOF OF SERVICE (This section should not befiled with the court unless required by Fed. R. Civ. P. 45.) This subpoena for (name afindividual and title, ifany) Inc. was received by me on (date) o I served the subpoena by delivering a copy to the named person as follows: on (date) ; or o I returned the subpoena unexecuted because: its officers or agents, I have also the United States, or one of Unless the subpoena was issued on behalf of tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of $ My fees are $ for travel and $ for services, for a total of $ I declare under penalty of perjury that this information is true. Date: Server's signature Printed name and title Server's address Additional information regarding attempted service, etc: 0.00 AO 88B (Rev 06/09) Subpoena to Produce Documents, Information, or Objects or to Penn Federal Rule of it Inspection ofPremises in a Civil Action(Page 3) Civil Procedure 45 (c), Cd), and (e) (Effective 12/1/07) (c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction - which may include lost (d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary earnings and reasonable attorney's fees on a party or attorney course of business or must organize and label them to correspond to who fails to comply. the categories in the demand. (2) Commnd to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or triaL. (B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises - or to producing electronically stored information in the form or forms requested. The objection must be the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving served before the earlier of party may move the issuing court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's offcer from significant expense resulting from compliance. (3) Quashing or Modifing a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's offcer to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person - except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person su~ject to or affected by a subpoena, the issuing court may, on motion, quash or modify the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (iii) a person who is neither a part nor a party's offcer to incur substantial expense to travel more than 100 miles to attend triaL. (C) Specifing Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party: (i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person wil be reasonably compensated. Stored Information Not (B) Formfor Producing Electronically Specifed. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electranica¡rv Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting part shows good cause, considering the limitations of Rule 26(b )(2)(C). The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and the withheld documents, (ii) describe the nature of communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the paries to assess the claim. (B) Information Produced If information produced in response to a subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the part disclosed it before being notified; and may promptly present the information to the claim. The person who produced the information must preserve the information until the claim is resolved. the court under seal for a determination of (e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45( c )(3 )(A)(ii). SCHEDULE A For purposes of this Schedule, the following definitions and instructions apply: 1. The term “Hotfile Website” means the website accessible at www.hotfile.com. 2. The term “Hotfile Party” means Hotfile Corp., Hotfile, S.A., Hotfile, Ltd., and Anton Titov. 3. The term “you” or “your” means Google, Inc., including any employees or representatives of Google, as well as any your subsidiaries or affiliates involved in the operation of your email hosting or analytics operations. 4. The term “document” shall have the meaning of the term “documents or electronically stored information” in Federal Rule of Civil Procedure 34(a)(1)(A). 5. To the extent documents are maintained in electronic formats, this subpoena calls for production in electronic format, in their native formats as they currently exist on your storage media and devices. However, if such native format is one that would not be reasonably usable to persons other than you (i.e. requires the use of proprietary software or computer systems), such data should be produced in a usable format to be discussed with Plaintiffs at a mutually convenient time. 6. If any document is not produced on the basis of a claim of privilege or for any other reason, identify the document with particularity, including without limitation the author(s), any recipient(s), any other individual or entity to whom the document has been shown or transmitted, any other individual or entity with whom the document has been discussed, the number of pages, attachments, and appendices, the date of the document, a description of the subject matter sufficient to form the basis of a claimed privilege and to uniquely identify the document, and a short statement of the nature of the claimed privilege or reason for withholding production. 7. A protective order is being negotiated in this action and will be provided to you once it is executed by the parties and entered by the Court. DOCUMENTS TO BE PRODUCED REQUEST NO. 1: Documents sufficient to identify each email account you host on behalf of any Hotfile Party (e.g., hotfile.com@gmail.com; hotfile.mailbox@gmail.com), including without limitation: a. Each name associated with each such account; b. Each email address associated with each such account; c. Each physical address associated with each such account; d. The dates each such account was created and, if applicable, closed; e. The dates each such account was first and, if applicable, last used; f. Each Internet Protocol address from which each such account has been accessed, and the dates of each such access. REQUEST NO. 2: Documents sufficient to identify each email account you host for the lemuriaco.com domain and its subdomains, and/or for Lemuria Communications, Inc., including without limitation: a. Each name associated with each such account; b. Each email address associated with each such account; c. Each physical address associated with each such account; d. The dates each such account was created and, if applicable, closed; e. The dates each such account was first and, if applicable, last used. 2 REQUEST NO. 3: All reports and data you have collected, prepared, displayed, or otherwise made available through the Google Analytics service to any Hotfile Party, whether regarding the Hotfile Website or any other website. 3

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