48-2007-CA-014233-O Page 1 of 8 π's Motion for Final Default Judgment

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,

IN AND FOR ORANGE COUNTY, FLORIDA

WRIGHT ENTERTAINMENT

GROUP, LLC and WRIGHT

vs.

BRITNEY SPEARS and BRITNEY

TOURING, INC.,

Defendants. /

MOTION FOR ENTRY OF FINAL DEFAULT JUDGMENT

Defendants, BRITNEY SPEARS (hereinafter “SPEARS”) and BRITNEY

TOURING, INC. (hereinafter “BTI”) (collectively referred to as “Defendants”), as to

liability on Count I (Breach of Contract) and Count II (Accounting); and order that

discovery in aid of execution proceeds, and that the Court reserve ruling as to the

amount and award of damages, which shall be entered following an Accounting; and

in support thereof states:

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1. Plaintiffs filed a Complaint against the Defendants in the Ninth Judicial

Circuit Court in and for Orange County, Florida on October 26, 2007 (“Composite

Exhibit A” includes the Complaint and attached exhibits).

3. On November 1, 2007, service of process of the Summons, Complaint,

and Plaintiff’s discovery requests was perfected on SPEARS pursuant to the

Affidavit of Service (attached hereto as Exhibit “B”).

4. SPEARS has failed to answer the Complaint or file a responsive

pleading to the same within twenty (20) days of the date of service of the Summons

and Complaint pursuant to Fla. R. Civ. P. 1.140 (a)(1) and has not filed a response to

date.

5. On November 1, 2007, personal service of process of the Summons,

Complaint, and Plaintiffs’ discovery requests was perfected on SPEARS, as the

President of BTI. (See Exhibit “B”)

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6. On November 9, 2007, service of process of the Summons, Complaint

and Plaintiffs’ discovery requests was also perfected on the Registered Agent for

BTI, Kim Glover for Corporation Service Company, pursuant to the Affidavit of

SPEARS (attached hereto as Exhibit “D”).

9. On December 18, 2007, Plaintiffs filed a Motion for Default against

BTI (attached hereto as Exhibit “E”).

10. On December 18, 2007, the Clerk of the Circuit Court for Orange

County entered a Clerk's Default against SPEARS (attached hereto as Exhibit “F”).

11. On December 18, 2007, the Clerk of the Circuit Court for Orange

County entered a Clerk's Default against BTI (attached hereto as Exhibit “G”).

12. On December 21, 2007, service of the Clerk’s Default was perfected on

the Registered Agent for BTI pursuant to the certified mail return receipt card

(attached hereto as Exhibit “H”).

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13. As of this date, the Defendants have still not filed and served an Answer

or responsive pleading, served any papers, or bothered to make any contact with the

Plaintiff, and a final default judgment should be entered as to SPEARS and BTI on

The term “Gross Receipts” as used herein shall mean any

payable, earned or accrued (and including any deferred

termination of the Term hereof) in whole or in part, to

assigns, or applied for Artist’s benefit, directly or indirectly

entity in which Artist or any of the foregoing persons have

activities in the entertainment and related industries,

radio, recordings, theater, advertising, promotion, music

publishing, song writing, book publishing, video games,

multimedia, CD-Rom and all other new technologies now

known or hereinafter devised.

15. In addition to the above, Plaintiff specifically seeks an order compelling

the production of all requests in Plaintiff’s First Request for Production served upon

the Defendants along with the Plaintiff’s Complaint on November 1, 2007 (attached

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hereto as Exhibit “I”).

MEMORANDUM OF LAW

A. Default Terminates Defendants’ Right To Defend Claim

defend, except to contest the amount of unliquidated

damages. Kaplan v. Morse, 870 So.2d 934, 936 (Fla. Dist.

Florida Practice and Procedure § 25-2 (2005 ed.). When a

factual allegations of the Complaint. State Farm Mutual

Dist. Ct. App. 4th Dist. 2001). “[T]he entry of default

plaintiff’s claim and liability thereon. Thereafter, a party

wrong but no other issue. Fla. Bar v. Porter, 684 So.2d

2. Where no responsive pleadings or papers are filed by defendants prior

to default being entered, the default is properly entered without any notice. Moore v.

1.500(a).

3. No further proof in support of plaintiff’s allegations are necessary after

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1988).

1. Final judgment after default may be entered by the court at any time.

Fla. R. Civ. P. 1.500(e). Notwithstanding Defendants’ admission of Plaintiff’s claims

via default, Plaintiff’s Complaint and evidence (attached exhibits) provide a

sufficient record to support an accounting.

1. This Court may order discovery from any person in aid of a judgment

Dist. 2002), citing West’s F.S.A. RCP Rule 1.560(a).

3. Once a decree is entered on a complaint praying for a general

investigation of all the transactions between the parties, every item fairly embraced in

those transactions is properly considered within the scope even though not

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specifically mentioned in the pleading. King v. Bell, 54 Fla. 568, 45 So. 488 (Fla.

1907).

D. Reservation Of Final Judgment As To Damages

E. Due Diligence

only the Summons and Complaint, but also the Motion for Default and the Clerk’s

2. Defendants have exhibited no due diligence at all, but have engaged in

dilatory and procrastinating behavior.

3. Furthermore, Plaintiffs have been diligent in their efforts to ensure that

the Defendants receive proper notice by perfecting personal service of the Summons

and Complaint on the Registered Agent for BTI and obtaining confirmation of the

Registered Agent’s receipt of the Motion for Default and Clerk’s Default by way of

certified mail return receipt requested.

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Plaintiffs prays this Court enter:

1. A Final Default Judgment in the instant case as to liability on Plaintiffs’

Count I (Breach of Contract) and Count II (Accounting) with this Court reserving

1 Service of SPEARS, while accompanied by her business manager, was videotaped and widely reported in the news

media.