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

Filing 456

NOTICE by Hotfile Corp., Anton Titov of Filing the Publicly Filed Redacted Version of the Declaration of Andrew Leibnitz and Exhibits Thereto Filed in Support of Defendants' Reply in Support of Defendants' Motion to Strike the Declaration of Jennifer Yeh Filed in Support of Plaintiffs' Opposition to Defendant Titov's Motion for Summary Judgment and Hotfile's Motion for Partial Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(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’ REPLY BRIEF IN SUPPORT OF MOTION TO STRIKE
DECLARATION OF JENNIFER V. YEH FILED IN SUPPORT OF
PLAINTIFFS’ OPPOSITION TO DEFENDANT ANTON TITOV’S
MOTION FOR SUMMARY JUDGMENT AND DEFENDANT HOTFILE
CORPORATION’S MOTION FOR PARTIAL SUMMARY JUDGMENT

26501\3021138.1

CASE NO.: ll-CIV-20427-WILLIAMSfTURNOFF

FILED UNDER SEAL

I, Andrew Leibnitz, declare as follows:
I.

I am an attorney at Farella Braun + Martel LLP, counsel for defendants Hotfile

Corporation and Anton Titov. I have personallmowledge of the matters stated herein and, if
called and sworn as a witness, I could and would competently testify to the facts set forth herein.
2.

Attached hereto as Exhibit 1 is a tlUe and correct copy of Plaintiffs' Responses

and Objections to Defendant Hotfile COl'p.'s Third Set ofInterrogatories, dated December 1,
2011.
3.

Attached hereto as Exhibit 2 is a tlUe and correct copy of Viacom Int ,/, Inc. v.

YouTube, Inc., Case No. 10-3270 (2" d Cir. April 5, 2012), Docket No. 516-1.

4.

Attached hereto as Exhibit 3 is a tlUe and correct copy of excerpts from the

deposition of Disney Enterprise's 30(b)(6) witness, Lance Griffin, taken December 22, 2011 in
the above-captioned case.
5.

Attached hereto as Exhibit 4 is a tlUe and correct copy of excerpts from the

deposition of Warner Bros' 30(b)(6) witness, David Kaplan, taken October 12,2011 in the
above-captioned case.
6.

Attached hereto as Exhibit 5 is a tlUe and correct copy of excerpts fi'om the

deposition of Anton Titov, taken December 5, 2011 in the above-captioned case.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is tlUe and correct.
Executed on this 9th day of April 2012, at San Francisco, California.

sf Andrew Leibnitz
Andrew Leibnitz

2