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

Filing 77

NOTICE by Columbia Pictures Industries, Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment Inc. re 76 Response in Opposition to Motion,, NOTICE FILING DECLARATION OF DUANE POZZA IN SUPPORT OF PLAINTFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION FOR SPECIAL SCHEDULING ORDER (Attachments: # 1 Affidavit DECLARATION OF DUANE POZZA IN SUPPORT OF DE # 76 (PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION FOR SPECIAL SCHEDULING ORDER), # 2 Exhibit A (public version), # 3 Exhibit B, # 4 Exhibit C (public version), # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(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.

/

DECLARATION OF DUANE C. POZZA IN SUPPORT OF PLAINTIFFS' RESPONSE
IN OPPOSITION TO DEFENDANTS' MOTION FOR SPECIAL SCHEDULING
ORDER REGARDING THE SAFE HARBOR PROTECTIONS OF THE DIGITAL
MILLENNIUM COPYRIGHT ACT
I, Duane C. Pozza, hereby declare as follows:
1. I am a partner 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.

("plaintiffs"). 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.
2. Plaintiffs are seeking leave to fie under seal Exhibit A, which is an excerpt of

documents produced by third party PayPal, Inc. showing aggregate payments, including those for
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the last three months, received by Hotfile's Internet service provider Lemuria Communications
Inc., a company owned by defendant Titov, that, as far as plaintiffs are aware, only serves

the Declaration of Anton Titov in

Hotfle. Attached as Exhibit B is a true and correct copy of

Support of

Lemuria Communications Inc.'s Motion to Dismiss filed by Lemuria

Communications Inc. on December 20,2010 in Perfect 10, Inc. v. Hotfle Corp. et ai., No. 3:10cv-02031-MMA-POR (S.D. CaL.), in which Mr. Titov states that he owns Lemuria, that

"Lemuria was formed for the purpose of providing web-hosting services, in particular for

Hotfie.com," that Lemuria has a contract with Hotfile, Ltd. to provide web hosting services for
Hotfie.com, and that Lemuria receives payment for those services only.
3. In the course of

the parties' meet and confers regarding plaintiffs' discovery to

defendants, defendants have objected to producing a number of documents related to Hotfie

Corp. 's subsidiary Hotfle, Ltd. Though defendants' counsel has suggested that Hotfie Corp.
wil search for documents to the extent required under the Federal Rules, defendants have not
been clear that all documents in the possession of Hotfile, Ltd. wil be produced, and thus
plaintiffs may need to proceed to use international discovery processes to obtain discovery from

Hotfile, Ltd. Further, plaintiffs have sought defendants' consent to produce individuals who
have performed work for Hotfle, some of

whom apparently reside in Bulgaria, for depositions.

But defendants have taken the position that discovery from such individuals must be sought

under protocols for international discovery. Attached as Exhibit C is a true and correct copy of
an email exchange between counsel, with the most recent email from defendants' counsel dated

the individual witnesses have

June 7, 2011, confirming defendants' position. (The names of

been redacted from the email as they appear in the response to Interrogatory No.1, and plaintiffs
are seeking to file a copy of the original email under seaL.)

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4. Attached as Exhibit D is Defendants' Amended Supplemental Response to

Plaintiffs' Interrogatory No.2, dated June 2, 2011.
5. Attached as Exhibit E is a true and correct copy of Order Denying Plaintiffs's

Motion for Preliminary Injunction, dated May 18, 2010, in Perfect 10, Inc. v. Rapidshare A. G.,
No. 09-CV-2596 H (WMC), at 12-13 (S.D. CaL.) (Dkt. #71).
6. Attached as Exhibit F is a true and correct copy of Order Regarding Plaintiffs' Ex

12, 2007, in Columbia

Parte Application for Order Amending Scheduling Order, dated April

Pictures Indus., Inc. v. Bunnell, 06-cv-Ol 093 FMC-JCx (C.D. CaL.) (Dkt # 117).

I declare under penalty of perjury that the foregoing is true and correct.

i

Executed on June L, 2011, at Washington, DC.

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ti //, t:, aZ'/

Duane C. Pozzl

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