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

Filing 450

RESPONSE in Opposition re 371 MOTION to Strike Defendants' Motion and Memorandum of Law to Strike the Declaration of Jennifer V. Yeh Filed in Support of Plaintiffs' Opposition to Defendant Anton Titov's Motion for Summary Judgment and to Defendant Hotfile Corp. >PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS HOTFILE CORPORATION AND ANTON TITOV'S SECOND MOTION TO STRIKE THE DECLARATION OF JENNIFER V. YEH (PUBLIC REDACTED VERSION)< filed by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. (Attachments: # 1 Affidavit Declaration of Jennifer V. Yeh in Support of Plaintiffs' Opposition to Defendants' Second Motion to Strike the Declaration of Jennifer V. Yeh (Public Redacted Version), # 2 Exhibit A to Declaration of J. Yeh, # 3 Exhibit B to Declaration of J. Yeh, # 4 Exhibit C to Declaration of J. Yeh, # 5 Exhibit D to Declaration of J. Yeh, # 6 Exhibit E to declaration of J. Yeh, # 7 Exhibit F to Declaration of J. Yeh, # 8 Exhibit G to Declaration of J. Yeh, # 9 Exhibit H to Declaration of J. Yeh, # 10 Exhibit I to Declaration of J. Yeh, # 11 Exhibit J to Declaration of J. Yeh, # 12 Exhibit K to Declaration of J. Yeh, # 13 Exhibit L to Declaration of J. Yeh)(Stetson, Karen)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 11-20427-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.,
Counterdefendant.
/

DECLARATION OF JENNIFER V. YEH IN SUPPORT OF PLAINTIFFS’
OPPOSITION TO DEFENDANTS’ SECOND MOTION TO STRIKE THE
DECLARATION OF JENNIFER V. YEH

PUBLIC REDACTED VERSION

I, Jennifer V. Yeh, declare as follows:
1.

I am an attorney at the law firm of Jenner & Block LLP, and counsel to the plaintiffs

Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios
Productions LLLP, Columbia Pictures Industries, Inc., and Warner Bros. Entertainment Inc. The
statements made in this declaration are based on my personal knowledge including on
information provided to me by colleagues or other personnel working under my supervision on
this case. If called to testify, I would testify as follows:
2.

In support of Plaintiffs’ Opposition to Defendants Motion for Partial Summary

Judgment, I personally supervised the preparation of, among many others, Yeh Exhibit 144. I
have described the processes of creating this exhibit in greater detail in my declaration in support
of plaintiffs’ opposition to defendants’ motion for summary judgment, dated March 7, 2012 and
available publicly at Docket No. 400. (¶ 26). In addition to providing direct guidance and
instruction to persons acting under my direction, I personally participated in finalizing this
exhibit.
3.

Attached hereto as Exhibit A is a true and correct copy of excerpts of the deposition

of Lance Griffin, taken on Dec. 22, 2011 in the above-captioned case.
4.

Attached hereto as Exhibit B is a true and correct copy of excerpts of the deposition

of Betsy Zedek, taken on Dec. 13, 2011 in the above-captioned case.
5.

Attached hereto as Exhibit C is a true and correct copy of excerpts of the deposition

of David Kaplan, taken on Dec. 13, 2011 and Dec. 14, 2011 in the above-captioned case.
6.

Attached hereto as Exhibit D is a true and correct copy of excerpts of the deposition

of Michael Bentkover, taken on Dec. 13, 2011 in the above-captioned case.
7.
of

Attached hereto as Exhibit E is a true and correct copy of excerpts of the deposition
taken on Dec. 7, 2011 in the above-captioned case.

8.

Attached hereto as Exhibit F is a true and correct copy of a document produced by

defendants bearing bates label HF02855193, a translation of that document from Bulgarian to
English, an affidavit certifying the accuracy of the translation from the translator’s supervisor, in
accordance with Transperfect’s standard procedures, and the curriculum vitae of the individual
who performed the translation.
9.

Attached hereto as Exhibit G is a true and correct copy of a document produced by

defendants bearing bates label HF02855182, a translation of that document from Bulgarian to

English, an affidavit certifying the accuracy of the translation from the translator’s supervisor, in
accordance with Transperfect’s standard procedures, and the curriculum vitae of the individual
who performed the translation.
10.
of

Attached hereto as Exhibit H is a true and correct copy of Exhibit 5 to the deposition
taken on December 7, 2011 in the above-captioned case, a translation of

that document from Bulgarian to English, an affidavit certifying the accuracy of the translation
from the translator’s supervisor, in accordance with Transperfect’s standard procedures, and the
curriculum vitae of the individual who performed the translation.
11.

Attached hereto as Exhibit I is a true and correct copy of a document produced by

defendants bearing bates label HF00666799. This document was also produced by plaintiff
Disney Enterprises, Inc. with the bates label DISNEY000288 and attached as Exhibit 147 to the
Declaration of Jennifer V. Yeh in Opposition to Defendants’ Motion for Summary Judgment.
12.

Attached hereto as Exhibit J is a true and correct copy of a document produced by

defendants bearing bates label HF00479077. This document was also produced by plaintiff
Disney Enterprises, Inc. bearing bates label DISNEY000234 and attached as Exhibit 148 to the
Declaration of Jennifer V. Yeh in Opposition to Defendants’ Motion for Summary Judgment.
13.

Attached hereto as Exhibit K is a true and correct copy of a document produced by

defendants bearing bates label HF02835646. This document was also produced by plaintiff
Warner Bros. Entertainment Inc. with the bates label WARNER000001 and attached as Exhibit
150 to the Declaration of Jennifer V. Yeh in Opposition to Defendants’ Motion for Summary
Judgment.
14.

Attached hereto as Exhibit L are true and correct copies of documents produced by

Defendants in the above-captioned case bearing bates labels as indicated on the documents.
These documents were also produced by plaintiffs and are included within Exhibit 141 to the
Declaration of Jennifer V. Yeh in Opposition to Defendants’ Motion for Summary Judgment.

I declare under penalty of perjury that the foregoing is true and correct.
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Executed on April 2, 2012.

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