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)

EXHIBIT C

From:

Sent:
To:
Cc:

Subject:

[e-mail]
Tuesday, June 07, 2011 2:45 PM
Pozza, Duane; Fabrizio, Steven B; [e-mail]
[e-mail]; Platzer, Luke C
RE: Hotfile - individuals listed in response to Interrogatory NO.1

Duane:
Please serve your discovery demands on any individuals identified in defendants' response to Interrogatory NO.1
pursuant to applicable protocols for international discovery. Hotfile hereby discloses the following contact information for
the individuals identified below:
Penkov, Markov & Partners
1113, Sofia, Bulgaria,
Iztok Dstr., bl. 22, Entr. A
Please make clear that the discovery demands relate to Hotfile, and copy us. If your upcoming review of documents
reveals particular individuals that you feel are needed for purposes of summary judgment briefing, please let us know.

Steve mentions possible motion practice below. We request that you please let us know what motion practice is
contemplated before undertaking any such motions.

Regards,
ANDY

N. Andrew Leibnitz
Attorney at Law

FareHa Braun + Martel LLP
RUSS BUILDING
235 MONTGOMERY STREET
SAN FRANCISCO / CA 94104

T 415.954.4400
D 415.954.4932
F 415.954.4480

w\vw.tbm.com
-----Original Message----From: Pozza, Duane (mailto: [e-mail])
Sent: Monday, June 06, 2011 6: 13 PM

To: Fabrizio, Steven B; Leibnitz, Andrew (21) x4932; Thompson, Rod (27) x4445
Cc: Schoenberg, Tony (28) x4963; Platzer, Luke C
Subject: RE: Hotfile - individuals listed in response to Interrogatory No. 1

Andy, please let us know your response to our question below regarding the witnesses listed in response to

Interrogatory No.1, at least some of whom are apparently located in Bulgaria. As Steve noted in his email
yesterday, this question is particularly time-sensitive in light of your pending motion, and we need a response at
the beginning of this week.

Thanks,
Duane

From: Fabrizio, Steven B
Sent: Sunday, June 05,2011 11:13 AM

To: [e-mail]; Pozza, Duane; Roderick M. Thompson
Cc: Anthony P. Schoenberg; Platzer, Luke C
Subject: Re: Hotfile - individuals listed in response to Interrogatory No. 1

Andy,

We have not made final decisions as to who we might depose and Iikelywill only
make those .determinations after
reviewing defendants' documents. However,

without prejudice, you can assume that we would depose
You can also assume that, once we have defendants'
consent to voluntarily produce these witnesses in Bulgaria (assuming that is
where they are reside) pursuant to the Federal Rules, we will make proper
arrangements with the Bulgarian authorities so no one's sovereignty will be
insulted. Having defendants' consent and stipulation undoubtedly will go a long

way towards facilitating arrangements with the consulate. You can also assume
that we will coordinate times with all concerned so the dates are reasonably
convenience for everyone.
As for bringing the witnesses to the US, we can of course agree that we will not

use their presence on US soil to serve them with process or otherwise
prejudice them (much like we did when meeting Titov in Florida for our
settlement conference). As for the cost issue, we'll have to check with our

clients. However, for purpose of answering our questions, assume that we
would reach a mutually agreeable arrangement on costs, since (despite our
mutual desire to
explore Bulgaria) taking these depositions in the US would
save both our clients the expense of sending their legal teams to Bulgaria.
The process of obtaining discovery in Bulgaria, in the absence of the stipulation

we are proposing, is likely going to be time consuming. If you will not agree as we
have proposed (subject to the assumptions stated) we will have to move

immediately to begin this process. It does seem to us that you cannot ask for
motions by July 15 and then be unwilling to do what is necessary to see that we
get necessary DMCA discovery without delay. Nevertheless, please let us know
by the first of the week so that, in the absence of agreement, we can file
whatever motions are appropriate to begin seeking the required discovery

through international discovery channels.
SBF
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From: Andrew Leibnitz [e-mail];:
Date: Fri, 3 Jun 2011 18:25:55 -0500
To: Duane Pozza .:[e-mail];: "Roderick M. Thompson" [e-mail];:

Cc: "Anthony P. Schoenberg" .:[e-mail];: Steven Fabrizio .:[e-mail];: Luke Platzer
.:[e-mail];:
Subject: RE: Hotfile - individuals listed in response to Interrogatory NO.1

Duane:
Who specifiçally would Plaintiffs like to depose? If depositions are to proceed in Bulgaria, must Plaintiffs make
arrangements to conduct depositions at a consulate to avoid insulting Bulgarian sovereignty (and exposing the
lawyers to criminal sanctions)? If so, when are those facilities available? Are Plaintiffs willing to pay for business
class travel Jorwitnessesand guarantee that they will not be greeted by other service of process? While I
understand that you may not have all of this information at your fingertips, the more information Plaintiffs can
provide, the better our clients can assess Plaintiffs' request.

Regards,
ANDY

-----Original Message----From: Pozza, Duane (mailto:[e-mail])
Sent: Friday, June 03, 2011 2:46 PM

To: Thompson, Rod (27) x4445; Leibnitz, Andrew (21) x4932
Cc: Schoenberg, Tony (28) x4963; Fabrizio, Steven B; Platzer, Luke C
Subject: Hotfile - individuals listed in response
to Interrogatory NO.1
Rod, Andy,

In addition to Anton Titov, there are a number of individuals listed in response to Interrogatory NO.1

who have worked for Hotfle Corp. and that you have indicated are located outside the country. In my
meet and confer discussions with Andy and Tony, Andy has stated that defendants would not accept
service of a subpoena on any of those individuals, though please let me know if I've misunderstood

your position or if has changed. In any event, would defendants agree to voluntarily produce such
individuals for a deposition consistent with the Federal Rules, either by bringing them into the country

for a deposition in the United States, or by agreeing to produce them for a deposition in their country
of origin, such that plaintiffs may timely conduct their depositions? Please let me know.
Thanks,
Duane

Duane Pozza

Jenner & Block LLP
1099 New York Avenue, N.W.

Suite 900
Washington, DC 20001-4412

Tel [phone]
Fax [phone]

[e-mail]

ww.jenner.com
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