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

Filing 72

Plaintiff's MOTION to Compel RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND INTERROGATORIES (Public Redacted Version) by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc.. Responses due by 6/17/2011 (Attachments: # 1 Text of Proposed Order)(Stetson, Karen)

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.
/
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL
RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND
INTERROGATORIES

Upon consideration of Plaintiffs’ Motion to Compel Responses to Requests for
Production of Documents and Interrogatories, and all of the papers submitted in support thereof,
Plaintiffs’ request to compel responses is GRANTED. The Court finds that defendants should be
ordered to produce responses to Requests For Production Nos. 1, 2, 3, 15(b), 16, and
Interrogatory Nos. 6 and 9 as requested in plaintiffs’ motion, as follows.
1.
produce:

It is hereby ORDERED that Defendants Hotfile Corp. and Anton Titov shall

a. All Content Reference Data as requested in Plaintiffs’ Request for Production No. 1
and defined in Plaintiffs’ requests, not limited to data for a subset of content files, and
including (a) the IP address from which each such file was downloaded from Hotfile,
and (b) the “status” of each such file on the Hotfile Website, including (i) whether the
file has been blocked from user access or from Hotfile’s servers, (ii) for files that do
not remain active, the reason why the file no longer remains active, including whether
the file was the subject of a copyright owner claim or notice, whether the Hotfile user
deleted the file, whether the file was blocked, removed, or deleted for inactivity,
whether the file is no longer active for some other reason.
b. All User Data responsive to Plaintiffs’ Request for Production No. 2 and defined in
Plaintiffs’ requests, not limited to user activity data related to a subset of content files,
and including the IP addresses of users who download files from Hotfile and the
geographic locations reported by Hotfile users upon registration;
c. All Affiliate Data responsive to Plaintiffs’ Request for Production No. 3, not limited
to Hotfile Affiliates using IP addresses in the United States or to the top 500 highly
paid users, and including all data used to calculate the amounts of payments to
Affiliates or determine their proper recipients.
d. A complete response to Plaintiff’s Interrogatory No. 9, including individually
identifying information for the identified participants in the Affiliate program.
e. All versions of the source code for the Hotfile Website as it now exists or has ever
existed, as requested in Plaintiffs’ Request for Production No. 16;
f. Aggregate revenues per month related to the operation of Hotfile, and documents
sufficient to show such revenues, for any Hotfile-related entity, including Hotfile

Corp. and Hotfile, Ltd., in response to Plaintiffs’ Request for Production No. 15(b)
and Plaintiff’s Interrogatory No. 6.

IT IS SO ORDERED.

Dated _____________, 2011.
______________________________
United States District Court Judge