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.,
______
D_e_fe_n_d_a_n_t~(s~).
_______
I
CASE NO.:
PLAINTIFFS' FIRST REQUEST
FOR
PRODUCTION
OF
DOCUMENTS
TO
DEFENDANTS
Pursuant to Rule 1.350
of
the Florida Rules
of
Civil Procedure, Plaintiffs,
WRIGHT
ENTERTAINMENT
GROUP, LLC and
WRIGHT
ENTERTAINMENT
GROUP, INC., (hereinafter collectively referred to as "WEG") hereby request
Defendants,
BRITNEY
SPEARS and BRITNEY TOURING, INC.,
to
produce the
documents described herein for inspection and/or copying
by
the undersigned attorneys at
the offices
of
Clay
M.
Townsend, Esq., Morgan & Morgan, P.A.,
20
North Orange
Avenue, Orlando, Florida, 32801, within forty-five (45) days
of
the date
of
service
of
this
Request for Production.
I. INSTRUCTIONS
As used throughout this Request for Production, the following instructions are defined as
follows:
A.
Care, Custody and Control. With respect to all documents requested, you must
furnish all documents within your custody or control even
if
they are not in your direct
possession.
If
a third party has documents responsive
to
this request and you have the
WEG
v.
SPEARS,
BT! Page I
of
12
Ils'
First Request for Production to
6.s
right
to
obtain copies
of
those documents from the third party, you must produce them in
response to this request. Such third parties may include your agents, equipment vendors,
manufacturers, contractors, construction companies, engineering design firms, doctors,
hospitals, financial institutions, governmental officials, credit card companies, phone
companies, employees, attorneys, accountants, representatives, investigators, consultants
or any corporation, subsidiary, partnership, association or other entity which you have
ownership interest in, are employed by, or are affiliated with
in
any way.
B.
Privileged Proprietary Matter.
If
any request for documents
is
deemed to call for
the production
of
privileged or work product materials and such privilege or work
product
is
asserted, identify in writing each document so withheld and provide the
following infom1ation:
1.
the reason for withholding the document;
2.
a statement
of
the basis for the claim
of
privilege, work product or other
ground
of
nondisclosure;
3.
a brief description
of
the document including:
a.
the date
of
the document;
b.
the number
of
pages, attachments, and appendices;
c.
the name
of
its author, authors, or preparers and an identification by
employment and title
of
each such person;
d.
the name
of
each person who was sent, shown, or blind or carbon
copied on the document,
who
sent the document, has had access to
or custody
of
the document, together with
an
identification
of
each
and such person;
e.
the present custodian; and
f.
the subject matter
of
the document, and
in
case
of
any document
relating or referring to a meeting or conversation, identification or
such meeting or conversation.
C.
Lost or Destroyed Documents.
If
any document requested herein
is
not
in
your
possession, custody or control, but
is
either known to exist, or has been lost or destroyed,
identify such document completely, providing
as
much information
as
possible:
1.
the type
of
document;
2.
its date;
3.
the date
of
approximate date it was lost, discarded or destroyed;
4.
the circumstances and manner in which it was lost, discarded or destroyed;
5.
the reason or reasons for disposing
of
the document;
6.
the identity
of
all persons authorizing or having knowledge
of
the
circumstances sun-ounding
the
disposal
of
the document;
7.
the identity or the persons
who
lost, discarded or destroyed the document; and
8.
the identity
of
all persons having knowledge
of
the contents thereof.
WEG
v.
SPEARS,
BT!
Page 2
of
12 f1s1 First Request for Production to
6s
D.
If
an objection
is
made
to
part
of
a particular request, that part shall be specified
and documents produced for all parts
of
the request
to
which an objection
is
not made.
E.
Designate the request
to
which each documents is responsive or produce the
documents
as
they are kept in the usual course
of
business.
F.
As
to
all documents or communications existing in electronic format, please
provide diskettes containing such data, CD-ROM disks, or other portable storage media.
G.
Any reference to an organization includes its representatives.
H.
The singular includes the plural, and vice versa.
I.
Duty
to
Supplement. These requests are continuing in nature and
to
the extent that,
at any time after the productions called for by these requests is made, you obtain
additional documents responsive
to
these requests, you shall promptly supplement
production.
To the extent that you object
to
these requests or any part thereof, state your objections
and provide those documents you are willing to provide without further court order.
II.
Definitions
Unless otherwise specifically indicated, the following definitions shall apply as follows:
A. "Document" is used in the broad sense and means any tangible object or thing that
contains, conveys, or records information, including but not limited
to
electronic
correspondence and emails, including any correspondence in letter form which is
retrievable from hard drives, back up tapes, etc. Production is required
of
the original, or
any copy
if
the original is not available,
of
any book, record, minutes
of
meetings, reports
and/or summaries
of
interviews, repo1is and/or summaries
of
investigations; opinions or
reports
of
consultants; opinions
of
counsel; communications
of
any nature, including
internal company communications, memoranda, telegrams, telexes, letters, notes
of
telephone conferences, agreements, rep01is or summaries
of
negotiations, brochures,
pamphlets, adve1iisements, circulars, trade letters, press releases, drafts and revision
of
drafts
of
documents, any written, printed, typed or other graphic matter
of
any kind or
nature, drawings, photographs, paper, communication, chart, tap, disk, card, wire or other
electronic or mechanical recording or transcript or any other instrument or device from
which information can be perceived, in the employees or agents, or known by Defendant
to
exist, unless othe1wise privileged.
WEG v. SPEARS,
BT!
Page 3
of
12
Ils'
First
Request
for
Production
to
Lls
"Document" also includes copies containing infotmation
in
addition
to
that contained on
the original (such as notations, computations, attachments, etc.), and shall include all
copies
of
documents by whatever means made and whether or not claimed
to
be
privileged or otherwise excludable from discovery. To the extent that a request that a
request calls for the production
of
multiple identical documents or things, only one copy
of
each such identical document or things need be produced. Two copies are not
identical
if
one
of
the copies has any information, writing, printing, or other marks not
present on the other
of
the copies.
If
any tape, disk, card, wire, or other electronic or mechanical recording or transcript or
any computer program
is
produced, such documents
as
are necessity for the decoding,
putting back, printing out and/or interpretation thereof, and any other documents which
are necessity
to
convert such information into a useful and useable format shall also be
produced, in order to make this request under Rule 1.350 meaningful and genuine.
B.
"Identify," "identification," or "identity" has the following meanings:
1.
When used in reference to a natural person it means to state the person's full
name, title, employer and job description (if applicable), and the person's
residence address and business address
or,
if
present addresses are unknown,
the last known residence or business addess;
2.
When used in reference
to
a partnership it means to state the full partnership
name, the name
of
each general partner, and the address
of
its principal office;
3.
When used in reference to a corporation it means to state its full name, its state
of
incorporation, and the address
of
its principal office;
4.
When used in reference to
an
unincorporated association or any other business
entity it means
to
state the full name
of
the entity and the address
of
its
principal office;
5.
When used in reference
to
a document it means to state the type
of
document
(i.e. letter, memorandum, telegram, tape recording, telex, chart, etc.) or some
other means identifying it, its author and originator, its date or dates, its present
location or custodian, and a summary
of
its contents.
If
any such document
was, bur presently
is
no longer,
in
your possession or subject to your control,
state what disposition was made ofit; and
6.
When used
in
reference to a tangible thing it means to state its name, location,
and a brief description
of
it.
C.
"Person" means any natural person, public or private corporation (whether or not
organized for profit) or division or subsidiary thereof, partnership, joint venture,
unincorporated association, governmental agency or body, or other legal entity.
D.
"Company" means any business or governmental entity to which this request is
addressed and includes all
of
its affiliated, subsidiaries, parents, divisions, successors in
WEG
v.
SPEARS,
BT! Page 4
of
12
ITs'
First Request
for
Production
to
Lis
interest, and predecessors
as
well
as
all
of
its directors, officers, principals, partners,
employees, agents, representatives, attorneys, any other persons working for or on behalf
thereof, whether temporary or permanent, and any "person"
in
which Plaintiff has
acquired
an
interest.
E.
"Statement" means
(!)
any written statement made by a person and signed or
otherwise adopted or approved by him; or (2) any stenographic, mechanical, electrical, or
other recording, or a transcription thereof, which
is
a substantially verbatim recital
of
an
oral statement made by that person and recorded contemporaneously with the making
of
such oral statement.
F.
As
may be used
in
these request "and"
is
conjunctive (meaning, e.g., A and
B);
and
"or"
is
disjunctive and inclusive (meaning, e.g., A or B, or both). No answer should
be withheld, or limited, because it refers or relates to only one, or to more than one, item
in a request.
G.
The term "Agreement" shall mean the Management Agreement entered into
between you and WRIGHT ENTERTAINMENT GROUP
in
or around January 1999 or
attached to the Complaint in this action, including all amendments, riders or
modifications thereto.
III. Claim
of
Privilege
If
any document or statement
is
withheld from this request under a claim
of
privilege,
then please furnish a list which identifies each document or statement for which privilege
is
claimed and include the following information for each such document:
1.
Description sufficient
to
identify.
2.
The date(s).
3.
The subject matter(
s).
4.
The sender(s) or author(s).
5.
The recipient(s).
6.
The persons to whom copies were furnished, together with their job titles.
7.
The present depository or person having custody
of
the document.
8.
The nature and basis
of
privilege or immunity claimed.
9.
The paragraph(s)
of
this request
to
which each such document or statement
relates or cotTesponds.
IV. Grouping or Numbering
of
Items Produced
Pursuant
to
Fla.
R.
Civ.
P.
1.350, it
is
requested that the document or other items
submitted
in
response to this Request
to
Produce be organized and labeled according to
WEG
v.
SPEARS,
BT!
Page 5
ofl2
I1s' First Request for Production to
6.s
the individual paragraphs
of
the request to which they are responsive, and within each
group, arranged in chronological order.
V. Place, time, and manner
of
response
A response to this Request to Produce
is
due at the offices
of
Clay M. Townsend, Esq.,
Morgan & Morgan, P.A., 20 Nmih Orange Avenue, 16th Floor, Orlando, Florida, or at
such other place
as
the parties may agree. Authentic copies
of
document may be
supplied, provided that existing originals are available for inspection, examination, and
comparison.
WEG v, SPEARS, BT! Page 6
of
12
Tis' First Request for Production
to
6.s
REQUESTS
1.
All documents reflecting, relating to or regarding the negotiations between
you and WRIGHT ENTERTAINMENT GROUP (WEG)
of
the Agreement
and any amendments, revisions, modifications or riders thereto.
RESPONSE:
2.
All documents reflecting, relating to or regarding the negotiations between
you and Larry Rudolph
of
the
Agreement and any amendments, revisions,
modifications or riders thereto.
RESPONSE:
3.
All documents containing:
(i)
any proposed agreement; (ii) any agreement;
(iii) any proposed amendment to any agreement; and (iv) all amendments to
any agreement between you and WEG.
RESPONSE:
4.
All documents containing: (i) any proposed agreement; (ii) any agreement;
(iii) any proposed amendment
to
any agreement; and (iv) all amendments
to
any agreement between you and Larry Rudolph.
RESPONSE:
WEG
v.
SPEARS,
BT!
Page 7
of
12
Tis'
First
Request
for
Production
to
Lis
5.
All documents containing or memorializing any tetms
of
any oral
agreement between you and WEG.
RESPONSE:
6.
All documents reflecting, relating to or regarding all recording agreements
for your services, regardless
of
whether consummated between you and
Zomba or any other record label.
RESPONSE:
7.
All documents submitted by you, or anyone at your direction, to WEG for
approval
of
any sublicensing or recording agreements solicited or
negotiated by you.
RESPONSE:
8.
All documents containing or referring to any approval
by
WEG
of
any sub-
licensing or recording agreements solicited or negotiated by you.
RESPONSE:
WEG
v.
SPEARS,
BT!
Page 8
of
12
ITs'
First
Request
for
Production
to
/1s
9.
Any documents reflecting, relating
to
or regarding sales
of
DVDs, compact
discs and albums containing your appearance or performance.
RESPONSE:
10.
Any documents reflecting, relating
to
or regarding, by product, the sales
of
merchandise under the "Britney Spears" brand by you or any third party or
parties engaged or contracted by you.
RESPONSE:
11.
Any documents reflecting, relating
to
or regarding any communications
with Zomba Recording Corporation.
RESPONSE:
12.
Any documents reflecting, relating to or regarding your dealings with the
Signatures Network, Inc. sublicensing agreement.
RESPONSE:
WEG
v.
SPEARS, BT! Page 9
of
12
Tis'
First
Request
for
Production
to
Lis
13.
All documents reflecting, relating
to
or regarding your agreement with
Zomba Recording Corporation.
RESPONSE:
14. All documents reflecting, relating
to
or regarding your dealings with Stacey
Smith.
RESPONSE:
15. All documents reflecting, relating to or regarding your relationship with
Bert Padell.
RESPONSE:
16.
All documents reflecting, relating or regarding all submissions made
to
WEG by you for approval
of
all third party or pa1iies contracts or business
dealings by you related
to
the brand "Britney Spears" or performances by
Britney Spears.
RESPONSE:
WEG v. SPEARS,
BT!
Page
!0ofl2
Tis'
First
Request
for
Production
to
Lis
17.
All documents reflecting income generated by the sale
of
merchandise or
otherwise related to the brand "Britney Spears."
RESPONSE:
18.
Copies
of
all accounting statements and payments reported or provided by
you to WEG.
RESPONSE:
19.
Any documents reflecting royalties paid
to
WEG by you, pursuant to the
terms and condition
of
the Agreement or amendments.
RESPONSE:
20. All documents that
you
referenced or used in connection with preparing
any
of
your answer
to
the interrogatories served by WEG
on
you.
RESPONSE:
WEG
v.
SPEARS,
BTI
Page
11
of
12
ITs'
First
Request
for
Production
to
Lis
CERTIFICATE
OF
SERVICE
I HEREBY CERTIFY that a true and conect copy
of
the foregoing has been
furnished, by personal service
of
process, this
___
day
of
October, 2007, to Britney
Spears, 3200 Retreat 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, Tall assee, FL 32301-2525.
WEG
v.
SPEARS, BT!
OWNSEND, ESQ.
r No.: 363375
ITNIK, 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
Page
12
of
12
TTs'
First
Request
for
Production
to
Ll.s