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)

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EXHIBIT B Case 3:10-cv-02031-MMA -POR Document 12-1 Filed 12/20/10 Page 1 of 4 1 JAMES M. CHADWICK, Cal. Bar No. 157114 jchadwick@sheppardmullin.com 2 GUYLYN R. CUMMINS, Cal. Bar No. 122445 gcummins@sheppardmullin.com 3 MICHELLE LAVOIE WISNIEWSKI, Cal. Bar No. 234032 mwisniewski@sheppardmullin.com 4 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 501 W. Broadway, 19th Floor 5 San Diego, California 92101 Telephone: 619-338-6500 6 Facsimile: 619-234-3815 7 Specially Appearing for Defendant, 8 LEMURIA COMMUNICATIONS, INC. 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 PERFECT 10, INC., a California corporation, 14 Plaintiff, 15 v. 16 HOTFILE CORP., a Panamanian 17 corporation; HOTFILE, LLC, a Bulgarian limited liability company; ANTON 18 TITOV, an individual; LEMURIA COMMUNICATIONS, INC., a Florida 19 corporation; and DOES 1 through 100, inclusive, 20 Defendants. 21 Case No. 10-CV-2031 MMA Hon. Michael M. Anello 22 [Complaint Filed: September 20, 2010] DECLARATION OF ANTON TITOV IN SUPPORT OF LEMURIA COMMUNICATIONS INC.’S MOTION TO DISMISS [Notice of Motion, Motion, Memorandum of Points and Authorities, and Request for Judicial Notice Filed Concurrently Herewith] Hearing: Date: January 31, 2011 Time: 2:30 p.m. Crtrm: 5 23 24 25 26 27 28 W02-WEST:3ML1\403152542.2 -1- TITOV DECLARATION Case 3:10-cv-02031-MMA -POR Document 12-1 Filed 12/20/10 Page 2 of 4 DECLARATION OF ANTON TITOV 1 2 3 I, Anton Titov, declare as follows: 4 1. Appearing specially and without consenting to personal jurisdiction in this 5 Court, I respectfully submit this declaration in support of the motion to dismiss by 6 defendant Lemuria Communications, Inc. (“Lemuria”). I have personal knowledge of the 7 facts stated in this declaration, and if called as a witness I could and would testify thereto. 8 2. I am a citizen of Russia who resides in Bulgaria. 9 3. I am the owner and manager of Lemuria. Lemuria is a Florida corporation 10 with its only office located at 110 East Broward Boulevard, Suite 1736, Fort Lauderdale, 11 Florida, 33301. A true and correct copy of Lemuria’s Certificate of Good Standing, 12 certified by the Florida Secretary of State, is attached hereto as Exhibit “A.” 13 4. Lemuria has, at all time, maintained corporate formalities. It was duly 14 incorporated in accordance with Florida law. It has regularly filed all necessary corporate 15 documents with the Florida Secretary of State. It has appointed an agent for service of 16 process in accordance with Florida law. It is adequately capitalized, i.e. it has and 17 maintains funds adequate to pay for its operations and meet its obligations to creditors. It 18 maintains financial accounts for use in its operations that are separate from the accounts of 19 any other person or entity. I have never used Lemuria’s bank account or corporate funds 20 for my own personal use. 21 5. I did not form Lemuria for the purpose of engaging in the business of illegal 22 storing, displaying and distributing the intellectual property of others. On the contrary, 23 Lemuria was formed for the purpose of providing web-hosting services, in particular for 24 Hotfile.com. Lemuria has a contract with Hotfile, Ltd. to provide web hosting services for 25 Hotfile.com. It receives payment for those services only. 26 6. Lemuria owns servers and network hardware, and contracts with a data- 27 center operator to house, maintain, and provide connectivity for those servers. Lemuria 28 also contracts with Internet access providers and others as need to provide web hosting W02-WEST:3ML1\403152542.2 -2- TITOV DECLARATION Case 3:10-cv-02031-MMA -POR Document 12-1 Filed 12/20/10 Page 3 of 4 1 services. Lemuria’s servers, which host Hotfile.com, are located in Dallas, Texas. 2 Lemuria does not enlist the assistance of any California businesses, entities, or individuals 3 in connection with its provision of services for Hotfile.com. Lemuria does not have its 4 own website. Lemuria does not advertise in California or elsewhere. 5 7. Hotfile, Ltd. is a Bulgarian limited liability company with its only offices in 6 Sofia, Bulgaria. Hotfile, Ltd. is owned by Hotfile Corp., a Panamanian corporation. 7 8. Hotfile.com is a file storage and sharing service that provides users the 8 ability to upload files and generate personalized links through which those files can be 9 accessed and shared. Its services are similar to file sharing services such as Google docs, 10 Windows Live SkyDrive, and others. Lemuria does not own Hotfile.com, nor does any 11 Hotfile entity own Lemuria. 12 9. Lemuria is not involved in the day-to-day operations of Hotfile.com. 13 Lemuria is unable to discern the nature of content that is uploaded to or stored on 14 Hotfile.com unless such content is specifically brought to its attention and it is provided 15 with a URL related to that content. Lemuria lacks the ability to control content uploaded 16 to or downloaded from Hotfile.com, beyond the ability to remove specific files in response 17 to notice identifying those files and providing URLs. Lemuria has no control over where 18 the Hotfile.com service is available. 19 10. Lemuria does not conduct any business in the State of California. Lemuria 20 owns no real or personal property in California. It does not pay California income or 21 property taxes. It has no California bank or deposit accounts. Lemuria does not sell any 22 products or services to California residents or businesses. It does not transact any business 23 in California. It does not have any officers, employees, agents or representatives in 24 California, nor does it have any officers, employees, agents or representatives who have 25 visited California in order to engage in business there. 26 11. Lemuria does not contract with any California entity to receive any goods or 27 services. Lemuria does not sell monthly memberships to any services and does not sell 28 any goods or services to California residents or solicit customers in California. Lemuria W02-WEST:3ML1\403152542.2 -3- TITOV DECLARATION Case 3:10-cv-02031-MMA -POR Document 12-1 Filed 12/20/10 Page 4 of 4

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