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Case No.: 48-2007-CA-014233-O Page 1 of 5 ∏s’ 2nd Amended 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

AGREED SECOND AMENDED 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 the Amended Subpoena Duces

Tecum Without Deposition (Exhibit A), to which the Defendants have no

objection, 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 5 ∏s’ 2nd Amended Motion to Appoint Commissioner

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

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

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

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 their first request

for production of documents on the Defendants which to date have not been

responded to. (Exhibit B)

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

Default against the Defendants.

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

against the Defendants.

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

compelling the Defendants, Defendants’ agents, Defendants’ representatives and

those in possession of Defendants’ records to produce and respond to the

Plaintiffs’ discovery requests in aid of execution of the Final Judgments entered.

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

Production from Non-Party as to Zomba Recording Corporation, 550 Madison

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Case No.: 48-2007-CA-014233-O Page 3 of 5 ∏s’ 2nd Amended Motion to Appoint Commissioner

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) On March 17, 2008, Plaintiffs filed their Certificate of Non-

objection.

(i) On March 19, 2008, this Court granted Plaintiffs’ Motion for

Appointment of Commissioner and Issuance of Subpoenas and entered an Order

appointing the law firm of Baker and Hostetler, LLP as the Plaintiffs’

Commissioner to effect service of process on the non-party witness, Zomba

Recording Corporation.

(j) On March 31, 2008, Plaintiffs were advised that Baker and

Hostetler, LLP, now had a conflict of interest in complying with this Court’s

Order.

(k) On April 3, 2008, Plaintiffs’ filed their Amended Motion for

Appointment of Commissioner and Issuance of Subpoena to appoint a new

commissioner, and Defendants filed their memorandum in opposition to Plaintiff’s

amended motion.

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Case No.: 48-2007-CA-014233-O Page 4 of 5 ∏s’ 2nd Amended Motion to Appoint Commissioner

3. On April 7, 2008, counsel for the Plaintiffs and counsel for the

Defendants reached a compromise regarding the scope of the subpoena to be

issued to Zomba Recording Corporation.

4. Plaintiffs have modified the original subpoena to comport with the

compromise reached with the Defendants, which is attached herewith as the

amended subpoena (Exhibit A).

5. Defendants have no objection to the issuance of the amended

subpoena (Exhibit A), and Plaintiffs’ amended motion and Defendants’

memorandum in opposition thereto, filed on April 3, 2008, are now moot.

WHEREFORE, Plaintiffs respectfully request that this Court enter an

Order Appointing Commission to appoint ABC Process Service Bureau, Inc., as

Commissioner for the service of process and/or administering of oaths and/or

reporting depositions of the above-named Records Custodian(s) 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 subpoena

to compel the aforementioned Records Custodian(s) to produce the documents1 on

the date and time specified on the respective subpoena and authorize the

undersigned Counsel to make inquiries at the time of production and/or depositions

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Case No.: 48-2007-CA-014233-O Page 5 of 5 ∏s’ 2nd Amended Motion to Appoint Commissioner

and to such other further relief as this Court deems just and proper.

Certification Pursuant to Business Court Rule 5.3

The undersigned represents that he has conferred with Judith Mercier,

counsel for the Defendants, by emailing her and speaking with her on April 3,

through April 8, 2008, and that counsel for the Defendants has no objection to the

attached Amended Subpoena Duces Tecum Without Deposition (Exhibit A) to be

issued and served upon the non-party witness, Zomba Recording Corporation.

Dated this 8th 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 8th 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.

__/s/ Clay M. Townsend

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

/s/ Clay M. Townsend_

CLAY M. TOWNSEND, ESQ.

1 “Documents” shall be defined as per the Amended Subpoena Duces Tecum without Deposition attached hereto as

Exhibit A and Section II. Definitions in the ∏s’ First Request for Production attached hereto as Exhibit B.

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