Matthew A. Levin, OSB #003054 MattLevin@MHGM.com MARKOWITZ, HERBOLD, GLADE & MEHLHAF, P.C. 1211 SW Fifth Avenue, Suite 3000 Portland, OR 97204-3730 Tel: (503) 295-3085 Fax: (503) 323-9105 Attorneys for Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION ABS-CBN CORPORATION, a Philippine corporation; ABS-CBN FILM PRODUCTIONS, INC. d/b/a Star Cinema, a Philippine corporation; and ABS-CBN INTERNATIONAL, a California corporation, Plaintiffs, Case No.: _______________ PLAINTIFFS’ MOTION TO FILE CASE UNDER SEAL, AND MEMORANDUM IN SUPPORT vs. L.R. 3-6 JEFFREY ASHBY, an individual; LENIE ASHBY, an individual; jointly d/b/a WEBPINOYTAMBAYAN.COM; WATCHFILIPINOTV.COM; WATCHFILIPINOMOVIES.COM; PINOY-TVKO.COM; PINOYTVKO.BIZ; PINOY-TUBE.COM; MYPINOYTUBETV.COM; PINOYTALAGA.COM; PINOYSTREAMING.COM; PINOYMOVIEFAN.COM; PINOYTVEPISODES.NET; PINOYTVEPISODES.INFO; and DOES 1100, FILED UNDER SEAL Defendants. MOTION Pursuant to L.R. 3-6, plaintiffs respectfully move to file this case under seal. Page 1 - PLAINTIFFS’ MOTION TO FILE CASE UNDER SEAL, AND MEMORANDUM IN SUPPORT MEMORANDUM Pursuant to L.R. 3-6, plaintiffs respectfully move to file this case under seal. L.R. 3-6 provides, in pertinent part: At the time a complaint is presented for filing, any party seeking to file the case under seal must … (1)File a motion and supporting memorandum requesting the Court to seal the case. Pending the Court's ruling on the motion to seal, the case, complaint, and motion will be withheld from the public record[.] Good cause exists for the filing this matter under seal. As set forth in the evidence presented in support of Plaintiffs’ Ex Parte Application for Temporary Restraining Order and Preliminary Injunction, and Plaintiffs’ Ex Parte Application for Entry of an Order Restraining Transfer of Assets (which Plaintiffs incorporate as part of this motion), Defendants are engaged in a large-scale pirate operation responsible for copying, uploading, broadcasting, and distributing Plaintiffs’ copyrighted works on a daily basis, including promoting the infringement through the use of counterfeits of Plaintiffs’ trademarks. This case should be filed under seal to prevent Defendants from receiving notice of Plaintiffs’ investigation regarding Defendants’ domain names and associated websites and assets in connection with the operation of their illegal businesses. Plaintiff has good cause to believe that Defendants can easily electronically modify, transfer and/or secret the domain names and registration data at issue, as well as the funds sought to be restrained if they obtain advance notice of Plaintiffs’ Applications, and thereby thwart the Court’s ability to grant meaningful relief. Further, Defendants are believed to be conspirators with other major operators in the “Pinoy Pirate” community, an association of content pirates who steal, upload and distribute Plaintiffs’ TV shows and movies for re-broadcast through numerous pirate sites worldwide. Plaintiffs have good cause to believe that notice of Plaintiffs’ Applications will result in Defendants destroying evidence and tipping off other pirate infringers before this Court has an opportunity to meaningfully address Plaintiffs’ Applications. Finally, as Page 2 - PLAINTIFFS’ MOTION TO FILE CASE UNDER SEAL, AND MEMORANDUM IN SUPPORT Defendants engage in illegal trademark counterfeiting activities and copyright infringement, Plaintiffs have no reason to believe Defendants will preserve relevant domain, website or other relevant evidence, or make their assets available for recovery or will adhere to the authority of this Court any more than they have adhered to federal trademark and copyright law. The request to file this matter under seal is not intended to be permanent. Plaintiffs request that the case remain under seal until the Court has the opportunity to rule on Plaintiffs’ Applications and, if granted, issue the appropriate orders. At that time, Plaintiffs will provide all pleadings to Defendants. A proposed Order to File Case Under Seal is being submitted concurrently herewith. DATED this 7th day of August, 2014. MARKOWITZ, HERBOLD, GLADE & MEHLHAF, P.C. By: /s/ Matthew A. Levin Matthew A. Levin, OSB #003054 (503) 295-3085 Of Attorneys for Plaintiffs newmal6\398759 Page 3 - PLAINTIFFS’ MOTION TO FILE CASE UNDER SEAL, AND MEMORANDUM IN SUPPORT