IN THE CIRCUIT COURT
OF
THE NINTH JUDICIAL
CIRCUIT
IN AND
FOR
ORANGE COUNTY, FLORIDA
WRIGHT ENTERTAINMENT GROUP, LLC
and WRIGHT ENTERTAINMENT GROUP,
INC.,
Plaintiff(s),
vs.
BRITNEY SPEARS and BRITNEY
TOURING, INC.,
Defendant(s). /
---------~-------
CASE NO.:
PLAINTIFFS' NOTICE REGARDING NON-DESTRUCTION
OF ELECTRONIC DATA
OR
COMPUTER
FILES
As
of
the date
of
service
of
the Complaint in this matter, Plaintiffs WRIGHT
ENTERTAINMENT GROUP, LLC and WRIGHT ENTERTAINMENT GROUP, INC.,
(hereinafter collectively refetTed
to
as
"Plaintiffs" or "WEG") hereby puts Defendants
BRITNEY SPEARS and BRITNEY TOURING, INC., and all related Controlled Entities,
including but not limited to Britney Brands, Inc.; Britney Films, Ltd.; Britney Television,
LLC; The Britney Spears Foundation; Britney On-Line, Inc.; Britney Management
Corporation; One More Time Music, Inc.; and SJB Revocable Trust, and any other
controlled entity, on notice regarding the preservation
of
all electronic data in their
networked computers, including any shared computers or servers, personal computers,
laptop/notebook computers, personal digital assistants and/or palm pilots or other similar
hand-held electronic devices.
If
any data from the aforementioned computers and/or
electronic devices are used in a manner which alters or destroys any or all information
of
WEG
v.
SPEARS,
BT!
Page I
of3
TTs'
Notice
ofNon-Destrnction
of
Electronic Data
any type you may be liable for spoliation
of
evidence and subject to sanctions.
Accordingly, you are hereby on notice
to
preserve all electronic data
as
evidence on any
and all
of
the computers and/or electronic devices described above, including the
following:
a)
Defendants should not initiate any procedures which would alter any active,
deleted, or fragmented files. Such procedures may include, but are not
limited to, storing (saving) newly created files
to
existing drives and
diskettes, loading new software such
as
application programs, rnnning data
compression and disk de-fragmentation (optimization) routines, or the use
of
utility programs
to
pe1manently wipe files, disks or drives.
b)
Defendants should stop any rotation, alteration and/or destruction
of
electronic media that may result
in
the alteration or loss any electronic data.
c) Defendants should not alter and/or erase active, deleted files or file
fragments on any electronic media that may have any relation
to
this matter.
d)
Defendants should not dispose
of
any electronic media storage devices
replaced due to failure and/or upgrade that may contain electronic data
having any relation
to
this matter.
You may comply with this Notice Regarding Non-Destruction
of
Computer Files
by immediately making a copy
of
hard drives on all network servers, computers, and/or
laptop computers. Any and all copies made must include deleted files resident on the
hard drives. Copies
of
hard drives may be made by transferring all information onto an
empty, clean hard drive.
WEG
v.
SPEARS, BT! Page 2
of3
ITs' Notice ofNon-Destrnction
of
Electronic Data
Additionally, you may comply with the Notice Regarding Non-Destruction
as
it
relates to personal digital assistants and/or palm pilots or other similar hand-held
electronic devices by downloading all information contained therein onto a floppy disk or
CD-ROM disk.
All information preserved in this manner shall remain in the possession
of
the
Defendants in a secure location so
as
to avoid tampering with evidence. Defendants will
not be under an obligation to produce such information until served with a formal request
from the Plaintiffs.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy
of
the foregoing has been
furnished, by personal service
of
process, this
___
day
of
October, 2007,
to
Britney
Spears, 3200 RenĀ·eat Court, Malibu, California 90265-3448; Britney Spears, 10960 Wilshire
Blvd., Suite 2150, Los Angeles,
CA
90024-3726; Britney Spears, 10100 Santa Monica
Boulevard, Suite 1300, Los Angeles, CA 90067-4114; Britney Touring, Inc., c/o Corporation
Service Company (Registered Agent),
1201
Hays Street, Talla see, FL 32301-2525.
Ck
~
WEG
v.
SPEARS,
BTI
CLAYM. WNSEND,ESQ.
FloridaBarNo.: 363375
>/
KEITH MITNIK, ESQ.
Florida Bar No.: 436127
GREGORIO FRANCIS,
ESQ.
FloridaBarNo.:
8478
MORGAN & MORGAN, P.A.
20
N.
Orange Avenue,
Ste.
1600
Orlando, FL
32801
PH:
(407) 420-1414
Fax:
(407) 425-8171
Attorneys for Plaintiffs
Page 3
of3
ITs' Notice
of
Non-Destruction
of
Electronic Data