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Case No.: 48-2007-CA-014233-O Page 1 of 4 ∏s’ Motion to Appoint Commissioner

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,

IN AND FOR ORANGE COUNTY, FLORIDA

WRIGHT ENTERTAINMENT

GROUP, LLC and WRIGHT

ENTERTAINMENT GROUP, INC.,

Plaintiffs,

vs.

BRITNEY SPEARS and BRITNEY

TOURING, INC.,

Defendants. /

CASE NO: 48-2007-CA-014233-O

DIVISION: 32

PLAINTIFFS’ MOTION FOR APPOINTMENT

OF COMMISSIONER AND ISSUANCE OF SUBPOENA

COME NOW the Plaintiffs, WRIGHT ENTERTAINMENT GROUP, LLC

and WRIGHT ENTERTAINMENT GROUP, INC., by and through the

undersigned counsel, and pursuant to Fla. R. Civ. P. 1.300 and moves this Court to:

1. Appoint ABC Process Service Bureau, Inc., or its agent, as a

Commissioner in the above-styled cause to serve a Subpoena Duces Tecum

Without Deposition (Exhibit A) upon the following Records Custodian:

Zomba Recording Corporation

c/o Kim L. Rappaport, Esq.

SONY BMG MUSIC ENTERTAINMENT

550 Madison Avenue

New York, NY 10022

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Case No.: 48-2007-CA-014233-O Page 2 of 4 ∏s’ Motion to Appoint Commissioner

2. Enter an Order Appointing the above-referenced Commissioner to

serve the attached subpoena (Exhibits A) on the Record Custodian to compel the

production of discovery in aid of execution as set forth in the attached subpoenas

and in support thereof, the Plaintiffs would state:

(a) The instant case is a breach of contract action arising out of a

personal management contract between the Plaintiffs and the Defendants initiated

on October 26, 2007.

(b) On November 1, 2007, the Plaintiffs served discovery requests

on the Defendants which to date have not been responded to. (Composite Exhibit

B – Plaintiffs’ First Request for Production and First Set of Interrogatories)

(c) On December 18, 2007, the Plaintiffs obtained a Clerk’s

Default against the Defendants. (Composite Exhibit C – Clerk’s Default against

Britney Spears and Britney Touring, Inc.)

(d) On February 14, 2008, the Plaintiffs obtained Final Judgments

against the Defendants. (Composite Exhibit D – Final Judgment By Default

against Britney Spears and Britney Touring, Inc.)

(e) On February 14, 2008, the Plaintiffs also obtained an Order

(Exhibit E) compelling the Defendants, Defendants’ agents, Defendants’

representatives and those in possession of Defendants’ records to produce and

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Case No.: 48-2007-CA-014233-O Page 3 of 4 ∏s’ Motion to Appoint Commissioner

respond to the discovery requests (Composite Exhibit B) in aid of execution of the

Final Judgments entered.

(f) On February 14, 2008, the Plaintiffs issued a Notice of

Production from Non-Party (Exhibit F) as to Zomba Recording Corporation, 550

Madison Avenue, New York, NY 10022.

(g) On March 4, 2008, Plaintiffs’ counsel forwarded a copy of the

Notice of Production from Non-Party as to Zomba Recording Corporation to the

counsel for the Conservator of the Estate of Britney Spears, Jeryll Cohen, Esq., via

electronic transmission.

(h) As of this date, no objection to the Notice of Production from

Non-Party (Exhibit F) as to Zomba Recording Corporation has been received by

any party.

WHEREFORE, Plaintiffs respectfully request that this Court enter an

Order Appointing Commission to appoint the above entity as Commissioner for the

service of process and/or administering of oaths and/or reporting depositions of the

above-named Records Custodians and such other depositions in the State of New

York as may be necessary and/or authorize the Clerk of the Supreme Court for

New York County to issue the respective subpoenas to compel the aforementioned

Records Custodians to produce the requested documentation on the date and time

specified on the respective subpoenas and authorize the undersigned Counsel to

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Case No.: 48-2007-CA-014233-O Page 4 of 4 ∏s’ Motion to Appoint Commissioner

make inquiries at the time of production and/or depositions and to such other

further relief as this Court deems just and proper.

Dated this 3rd day of April, 2008. Respectfully Submitted,

_/s/ Clay M. Townsend

/s/ Clay M. Townsend/s/ Clay M. Townsend

/s/ Clay M. Townsend______

CLAY M. TOWNSEND, ESQ.

Florida Bar No.: 363375

KEITH MITNIK, ESQ.

Florida Bar No.: 436127

GREGORIO FRANCIS, ESQ.

Florida Bar No.: 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

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished, by U.S. mail, this 3rd day of April, 2008, to: Judith Mercier, Esq., Jorge

Hernandez-Torano, Esq. and Bill Wilson, Esq., Holland & Knight, LLP, 200 S.

Orange Avenue, Suite 2600, Orlando, FL 32801; Britney Touring, Inc., c/o

Corporation Service Company, 1201 Hays Street, Tallahassee, FL 32301-2525;

and ABC Process Service Bureau, Inc., 225 Broadway, Suite 616, New York, NY

10007.

__/s/ Clay M. Townsend

/s/ Clay M. Townsend/s/ Clay M. Townsend

/s/ Clay M. Townsend_

CLAY M. TOWNSEND, ESQ.

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