lady gaga and redone jlo invading my mind
TRANSCRIPT
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
REBECCA FRANCESCATTI, an individual, Plaintiff, v. STEFANI JOANNE GERMANOTTA, an individual, a.k.a."Lady Gaga," INTERSCOPE RECORDS, UNIVERSAL MUSIC GROUP, INC., DJ WHITE SHADOW, LLC, and BRIAN JOSEPH GAYNOR, an individual, Defendants.
Case No. 1:11-cv-5270 JURY TRIAL DEMANDED Judge Blanche M. Manning Mag. Judge Jeffrey T. Gilbert
PLAINTIFF'S MOTION TO COMPEL DISCOVERY
Plaintiff, Rebecca Francescatti, moves this Court for an order compelling discovery from
Defendant Stefani Joanne Germanotta ("Germanotta") in response to Plaintiff's Second Request
for the Production of Documents and Things (Nos. 32-40). Plaintiff has sought to obtain the
discovery over the past several months. Pursuant to Rule 37(a)(1) Fed.R.Civ. P. and Local Rule
37.2, counsel has sought to confer with counsel for Defendant Germanotta in order to resolve
these issues. Plaintiff's counsel exchanged correspondence with Defendant's counsel on October
24, 2012, October 26, 2012 and November 8, 2012. On November 8, 2012, Plaintiff's counsel
invited Defendant's counsel to confer by telephone on November 11 or November 12.
Defendant's counsel has never responded to the invitation, or communicated in any way
regarding this issue since their October 26, 2012 letter.
This Motion pertains to documents requested by way of Rule 34 Request for Documents
(served August 8, 2012) (Plaintiff's Second Request for the Production of Documents and
Things, attached as Exhibit 1) and by way of requests at the deposition of Defendant Germanotta
on July 20, 2012 which were later memorialized in a letter dated November 2, 2012 (Exhibit 2).
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At Defendant Germanotta's deposition, counsel requested documents concerning Defendant's
participation in the Jennifer Lopez songs as later confirmed by letter:
"All Producer/Recording/Writer agreements between Ms. Germanotta and Jennifer Lopez regarding songs 'Hypnotico' and/or 'Invading My Mind' (P. 149)."
(Exhibit 2, Bullet Point 7). This request too has not resulted in any communication from
Defendant since November 5, 2012. (Exhibit 3). Plaintiff's last communication to Defendant
was November 6, 2012 requesting the matter be included in the Rule 37.2 Conference on
November12 or 13. (Exhibit 4).
It is clear that Defendant will not produce responsive documents without an Order from
this Court compelling her to do so.
I. BACKGROUND
Prior to the deposition of Stefani Germanotta on July 20, 2012, Plaintiff discovered that
at least one segment of the music of the accused song "JUDAS" may also have been used in a
song recorded by Jennifer Lopez p/k/a J. Lo. That song, "Invading My Mind," was allegedly co-
produced by Defendant Germanotta. The information discovered by Plaintiff's counsel and
confirmed by Defendant's testimony is also documented in a series of cellular telephone text
messages between Stefani Germanotta and Nadir Khayat p/k/a "RedOne" ("Khayat"). [Plaintiff's
Confidential Dep. Ex. 35, attached as Exhibit 5 (See text exchanges between Red One and
Germanotta dated 3/7/11 beginning at 08:00:19 PM (LG 01338) through 03/19/11 08:09:14 AM
(LG 01342))].1
1 Defendant Germanotta has designated large portions of her produced documents,
deposition testimony and exhibits as "Confidential" and "Highly Confidential Attorneys' Eyes Only," including testimony concerning this issue. Deposition Exhibit 35 is being submitted under seal.
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Based on Deposition Ex. 35 and the information disclosed at Defendant Germanotta's
deposition, Plaintiff prepared and served her Second Request for the Production of Documents
and Things (Nos. 32 – 40) on August 8, 2012. Document Request Nos. 33 through 37 request
information and documents pertaining to the communications and agreements between
Defendant Germanotta, Defendant's music collaborator and producer, Nadir Khayat and Jennifer
Lopez concerning the songs described in the text messages – "JUDAS," "Hypnotico," and
"Invading My Mind" (See Exhibit 1; and Defendant's Responses and Objections to Plaintiff's
Second Request for the Production of Documents and Things, Exhibit 6, attached).
On September 7, 2012, Germanotta served her Responses and Objections to Plaintiff's
Second Request for the Production of Documents and Things. Specifically, Defendant stated in
response to Request No. 33:
Germanotta will not produce any correspondence or other communications by and between Germanotta and Jennifer Lopez regarding the songs "Hypnotico" and "Invading My Mind" that do not refer or relate to the musical composition and/or sound recording entitled "Judas", as such documents are irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible evidence.
(Exhibit 6, at pp 5-10).
The same or similar "relevance" objections were made to Request Nos. 34, 35, 36 and 37
claiming the request must be related to the musical composition entitled "JUDAS."
The irony of that objection is all of the Plaintiff's requests relate to the musical
composition "JUDAS." At the deposition of Defendant Germanotta, Germanotta testified that
the synth part of the song "JUDAS" was a music sample.2 The sample in issue originated from a
2 Music "Sampling" is the act of taking a portion, or sample, of one sound recording and
re-using it as an instrument or a sound recording in a different song or piece. Unlicensed Sampling has been held to be in violation of copyright law. Bridgeport Music, Inc. v Dimension Films, 410 F.3d 792, 800 (6th Cir. 2005).
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Vengeance Samplepack owned and licensed by reFX Audio Software, Inc. and Plaintiff contends
formed a part of the composition "JUDAS" and was used in J. Lo's song "Invading My Mind."
Discovery has revealed that when Red One was confronted in March 2011 by Stefani
Germanotta about the similarity in the sounds of the two songs, Khayat stated that the
Plaintiff contends that rather than publicly disclosing the use of
the same sample in both songs, Germanotta and Khayat decided to "explain" the similarity by
publicly claiming that Germanotta had co-produced "Invading My Mind," even though Khayat
testified that:
(See Red One Dep. at p. 126 ln. 6-8, attached as Exhibit 7, and filed under seal; See also Dep.
Ex. 36, Red One Twitter Post dated March 18, 2011, attached as Exhibit 8).
Plaintiff contends the text message exchange constitutes evidence that Defendant
Germanotta and her producer Red One may have used the unlicensed commercial music sample
in both songs. Defendant Germanotta has stated publicly that she gave J. Lo the song
"Hypnotico," and co-produced "Invading My Mind" with Red One. Plaintiff contends that
Germanotta gave the song to J. Lo as consideration for the producer credit on "Invading My
Mind" in order to avoid comparison between "JUDAS" and "Invading My Mind." The actions of
Germanotta and Khayat to not disclose the use of a sample may lead to the discovery of
admissible evidence of the use of Plaintiff's copyrighted song, "JUDA" or portions of her song,
"JUDA" in the accused work "JUDAS." At a minimum, the issue is relevant to the credibility of
the witnesses, and substantively, may reveal additional information on the business practices of
Germanotta as they pertain to the use of copyrighted works of others, the allocation of proper
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writer/publisher credit for the songs, and the scope and nature of the method of creating a
musical work by Computer Digital Audio Workstations – the technique used to produce all three
songs. Defendants Germanotta and third party, Khayat, testified that the music for all three
songs was created on a computer and Digital Audio Workstation – that is, without the use of live
performers performing instruments in a recording studio.
On October 24, 2012, Plaintiff's counsel wrote to Germanotta's counsel requesting the
Defendant to produce the documents (Exhibit 9). On October 26, 2012, Defendant's counsel
reiterated her objection and claimed the relatedness of the two songs ("JUDAS" and "Invading
My Mind") was "pure speculation" despite Plaintiff's contention and evidence that the same
sample was used in both songs. (Exhibit 10).
On November 8, 2012, Plaintiff wrote to Defendant's counsel concerning the Defendant's
objections and further explaining the relevance of the request (Exhibit 11).
Plaintiff requested Defendants to meet and confer by phone under Rule 37.2 on
November 12 or 13, 2012. November 12 and 13 came and went without any communication
from Defendant Germanotta's counsel. Although Plaintiff's letters were directed to one of Ms.
Germanotta's attorneys, if she were unavailable, certainly one of the other five attorneys
appearing on her behalf could have responded. Over the past two months, Plaintiff's counsel has
sought to engage Defendant's counsel in a consultation to resolve differences, but has been
unable to do so, through no fault of Plaintiff's counsel.
The same situation occurs in connection with Plaintiff's request at the deposition of
Stefani Germanotta in July 2012 for "agreements entered into between Ms. Germanotta and other
Defendants, including Paul Blair, p/k/a DJ White Shadow, regarding ongoing business
activities." (See Plaintiff's 11/2/12 letter requesting the documents, Exhibit 2; See Defendant's
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11/5/12 response, Exhibit 12; and Plaintiff's 11/8/12 reply requesting a rule 37 Conference,
Exhibit 13).
II. ARGUMENT
The discovery process is governed by Rules 26 and 37 of the Federal Rules of Civil
Procedure. Federal discovery rules permit liberal discovery in an effort to facilitate trial
preparation or settlement of legal disputes. Bond v. Utreras, 585 F.3d 1061, 1075 (7th Cir. 2009).
"The guiding principle is the broad conception of the Rules that discovery of all matters relevant
to a suit should be allowed to the fullest extent consistent with the orderly and efficient
functioning of the judicial process." Hickman v. Taylor, 153 F.2d 212, 215 (3d Cir. 1945); see
also Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002). Indeed, information sought
through discovery need not be admissible at trial but merely be relevant to any of a party's claims
or defenses. Fed. R. Civ. P. 26(b)(1). It is clear that music allegedly "written" by Germanotta
and/or Khayat and used in both "JUDAS" and "Invading My Mind" is relevant to the Plaintiff's
claims that music written by Plaintiff was used in "JUDAS." The communications and
agreements pertaining to writer, publishing and producer credits for "JUDAS," "Hypnotico," and
"Invading My Mind" are all relevant to Plaintiff’s claims. As the Advisory Committee notes to
the 2000 Amendments to Rule 26(b)(1) report:
A variety of types of information not directly pertinent to the incident in suit could be relevant to the claims and defenses raised in a given action. For example, other incidents of the same type, or involving the same product, could properly be discoverable under the revised standard. . . . Similarly, information that could be used to impeach a likely witness, although not otherwise relevant to the claims or defenses, might be properly discoverable.
Federal Civil Judicial Procedure and Rules, p. 163 (West 2012).
Put plainly, the Plaintiff contends that same music sample that was used in "JUDAS" was
used in "Invading My Mind" and discovery regarding the agreements and relationships between
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Ms. Lopez, Ms. Germanotta, and Mr. Khayat concerning the samples and creation and recording
of the songs should be compelled.
The same analysis applies to ongoing business relationships between Defendant
Germanotta and Defendants, Paul Blair p/k/a DJ White Shadow and Brian Gaynor. It takes little
stretch of the imagination to believe that Ms. Germanotta's willingness to use the services of Paul
Blair and Brian Gaynor for work on future songs by Ms. Germanotta may have some bearing on
their testimony in the trial of this case.
For the reasons stated, Defendant Stefani Joanne Germanotta should be ordered by this
Court to produce documents responsive to the Plaintiff's requests.
Respectfully submitted, /s/ William L. Niro William L. Niro Christopher W. Niro NIRO, HALLER & NIRO 181 W. Madison, Suite 4600 Chicago, IL 60602 Tel. (312) 236-0733 Fax: (312) 236-3137 [email protected] [email protected] Attorneys for Plaintiff, Rebecca Francescatti
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on November 20, 2012 the foregoing
PLAINTIFF'S MOTION TO COMPEL DISCOVERY
was filed with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing to the following counsel of record.
Steven R. Gilford Catherine J. Spector PROSKAUER ROSE LLP 70 West Madison St., Suite 3800 Chicago, IL 60602 Tel: (312) 962-3550 Fax: (312) 962-3551 [email protected] [email protected] Charles Ortner Sandra A. Crawshaw-Sparks Alexander Kaplan PROSKAUER ROSE LLP Eleven Times Square New York, NY 10036 Tel: (212) 969-3000 Fax: (212) 969-2900 [email protected] [email protected] Attorneys for Stefani Joanne Germanotta John J. Bullaro, Jr. Bryan E. Curry BULLARO & CARTON PC 200 North LaSalle St., Suite 2420 Chicago, IL 60601 Tel: (312) 831-1000 Fax: (312) 831-0647 [email protected] [email protected] Attorneys for Brian Joseph Gaynor
Christopher B. Lay JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654 Tel: (312) 840-7295 Fax: (312) 840-7395 [email protected] Andrew H. Bart JENNER & BLOCK LLP 919 Third Avenue – 37th Floor New York, NY 10022-3908 Tel: (212) 891-1600 Fax: (212) 891-1699 [email protected] Attorneys for UMG Recordings, Inc. Elvis D. Gonzalez ELVIS GONZALEZ, LTD. Three First National Plaza 70 West Madison St., Suite 1515 Chicago, IL 60602 Tel: (312) 558-9779 Fax: (312) 276-8119 [email protected] Attorney for DJ White Shadow, LLC
/s/ William L. Niro Attorneys for Rebecca Francescatti
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
REBECCA FRANCESCATTI, an individual, Plaintiff, v. STEFANI JOANNE GERMANOTTA, an individual, a.k.a."Lady Gaga," INTERSCOPE RECORDS, UNIVERSAL MUSIC GROUP, INC., DJ WHITE SHADOW, LLC, and BRIAN JOSEPH GAYNOR, an individual, Defendants.
Case No. 1:11-cv-5270 JURY TRIAL DEMANDED Judge Blanche M. Manning Mag. Judge Jeffrey T. Gilbert
INDEX OF EXHIBITS TO PLAINTIFF'S MOTION TO COMPEL DISCOVERY
Exhibit No. Description
1 Plaintiff's Second Request for the Production of Documents and Things
2 11/2/12 Letter TO Charles Ortner from William Niro
3 11/5/12 Letter to William Niro from Sandra Crawshaw-Sparks
4 11/6/12 Letter to Sandra Crawshaw Sparks from William Niro
5 Filed Under Seal
Plaintiff's Deposition Ex. 35 to the Deposition of Stefani J. Germanotta; Text exchanges between Red One and Germanotta
6 Defendant's Responses and Objections to Plaintiff's Second Request for the Production of Documents and Things
7 Filed Under Seal Excerpts from the 9/12/12 Deposition Transcript of Nadir Khayat
8 Plaintiff's Deposition Ex. 36 to the Deposition of Stefani J. Germanotta
9 10/24/12 Letter to Sandra Crawshaw-Sparks from William Niro
10 10/26/12 Letter to William Niro from Sandra Crawshaw Sparks
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2
Exhibit No. Description
11 11/8/12 Letter to Sandra Crawshaw-Sparks from William Niro
12 11/5/12 Letter to Christopher Niro from Sandra Crawshaw Sparks
13 11/8/12 Letter to Sandra Crawshaw-Sparks from William Niro
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EXHIBIT 1
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
REBECCA FRANCESCATTI, an individual, Plaintiff, v. STEFANI JOANNE GERMANOTTA, an individual, a.k.a. "Lady Gaga," INTERSCOPE RECORDS, UNIVERSAL MUSIC GROUP, INC., DJ WHITE SHADOW, LLC, and BRIAN JOSEPH GAYNOR, an individual, Defendants.
Case No. 1:11-cv-5270 JURY TRIAL DEMANDED Hon. Judge Blanche M. Manning Hon. Mag. Judge Jeffrey T. Gilbert
PLAINTIFF’S SECOND REQUEST FOR THE PRODUCTION OF DOCUMENTS AND
THINGS (NOS. 32 - 40) TO DEFENDANT STEFANI JOANNE GERMANOTTA
Plaintiff Rebecca Francescatti hereby submits to Defendant Stefani Joanne Germanotta,
a.k.a. "Lady Gaga" ("Defendant") the following requests for the production of documents and
things. Plaintiff requests that defendant produce the documents and things described in these
requests within 30 days after service, in accordance with the provisions of Fed.R.Civ.P. 34.
Plaintiff will examine the documents and things at the office of its counsel, or at any
other mutually agreeable location where suitable examination and photocopying facilities exist
or can be arranged. By accepting photocopies, Plaintiff is not waiving the right to examine
originals where necessary.
Where defendant withholds documents and things based on the attorney-client privilege,
the attorney work product immunity or any other privilege or immunity, Plaintiff requests that
they be provided with a log that specifically identifies each such document or thing, the name
and title of each author, the name and title of each recipient, the date of the document or thing,
the basis of withholding and a description of the document or thing and its subject matter
sufficient to allow Plaintiff to understand and, if necessary, to contest the basis of withholding.
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If Defendant believes that certain strings of email or other digitally transmitted
documents are privileged, Plaintiff requests, that Defendant individually log each email in the
chain with a description sufficient to describe the content of any withheld email or other digitally
transmitted document.
In instances where defendant believes no responsive document or thing exists, Plaintiff
asks that defendant produce the best available document or thing from which the information
sought by the request may be derived.
These requests for production shall be deemed continuing so as to require the requested
information as of the date of service of defendant’s answers to them and to require prompt
supplementation whenever the conditions of Fed.R.Civ.P. 26(e) are met.
DEFINITIONS
The term "Plaintiff" means Rebecca Francescatti.
The terms "Defendant," "You," and "Your" means Stefani Joanne Germanotta, a.k.a.
"Lady Gaga," and any entity in which you have an ownership interest, or control, including but
not limited to, Team Love Child, LLC and House of Gaga Publishing, Inc.
The singular shall include the plural and the conjunctive shall include the disjunctive, the
masculine includes the feminine and vice versa.
The words "and" and "or" shall be construed disjunctively or conjunctively as necessary
to make the Request inclusive rather than exclusive.
The "song Judas" means the words and lyrics, including the sound recording of the song
identified as "Judas" and the subject of United States Copyright Registration Serial No.
PA1752321.
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REQUESTS
Plaintiff requests you produce:
32. Any and all Royalty Accounting reports or statements received from
UMG/Interscope, Sony/ATV, Sound Exchange and/or BMI in connection with the songs
"Judas," "Judas - DJ White Shadow Remix," and all "Born This Way" albums.
33. All correspondence or other form of communication (e.g., text/e-mail) by and
between Stefani Germanotta and Jennifer Lopez regarding the songs "Hypnotico" and "Invading
My Mind."
34. All correspondence or other form of communication (e.g., text/e-mail) by and
between Stefani Germanotta and Red One a.k.a. Nadir Khayat regarding the songs "Hypnotico"
and "Invading My Mind."
35. All contracts, agreements and memoranda by and between you and Jennifer
Lopez referring, reflecting or bearing upon the music, lyrics, production and writing and
publishing credit for the songs "Hypnotico" and "Invading My Mind."
36. All contracts, agreements and/or memoranda by and between Stefani Germanotta
and Red One a.k.a. Nadir Khayat referring, reflecting or bearing upon the music, lyrics,
production for the songs "Hypnotico" and "Invading My Mind."
37. Documents sufficient to show a license of sampled music included in the
recording of "Judas" and "Invading My Mind" as described and discussed by Stefani Germanotta
and RedOne in text messages marked as Plaintiff's Exhibit 35 during the deposition of Stefani
Germanotta on July 20, 2012.
38. All documents related to and/or reviewed in preparing your responses to
Plaintiff’s Second Set of Interrogatories.
39. Documents describing, referring or relating to the owners and ownership interests
in Team Love Child, LLC and House of Gaga Publishing, Inc.
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40. Any and all settlement agreements entered into by you in the lawsuit, Rob Fusari
Productions, LLC v. Team Love Child, LLC, Supreme Court of New York, County of New York
(2010).
/William L. Niro/ William L. Niro Christopher W. Niro NIRO, HALLER & NIRO 181 W. Madison, Suite 4600 Chicago, IL 60602 Tel. (312) 236-0733 Fax: (312) 236-3137 [email protected] [email protected] Attorneys for Plaintiff, Rebecca Francescatti
Case: 1:11-cv-05270 Document #: 83-2 Filed: 11/20/12 Page 5 of 6 PageID #:334
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on August 8, 2012 the foregoing
PLAINTIFF’S SECOND REQUEST FOR THE PRODUCTION OF DOCUMENTS AND THINGS (NOS. 32 - 40) TO DEFENDANT STEFANI JOANNE GERMANOTTA
was served upon the following counsel of record via electronic transmission.
Steven R. Gilford Catherine J. Spector PROSKAUER ROSE LLP 70 West Madison St., Suite 3800 Chicago, IL 60602 Tel: (312) 962-3550 Fax: (312) 962-3551 [email protected] [email protected] Charles Ortner Sandra A. Crawshaw-Sparks PROSKAUER ROSE LLP Eleven Times Square New York, NY 10036 Tel: (212) 969-3000 Fax: (212) 969-2900 [email protected] [email protected] Attorneys for Stefani Joanne Germanotta John J. Bullaro, Jr. Bryan E. Curry BULLARO & CARTON PC 200 North LaSalle St., Suite 2420 Chicago, IL 60601 Tel: (312) 831-1000 Fax: (312) 831-0647 [email protected] [email protected] Attorneys for Brian Joseph Gaynor
Christopher B. Lay JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654 Tel: (312) 840-7295 Fax: (312) 840-7395 [email protected] Andrew H. Bart JENNER & BLOCK LLP 919 Third Avenue – 37th Floor New York, NY 10022-3908 Tel: (212) 891-1600 Fax: (212) 891-1699 [email protected] Attorneys for UMG Recordings, Inc. Elvis D. Gonzalez ELVIS GONZALEZ, LTD. Three First National Plaza 70 West Madison St., Suite 1515 Chicago, IL 60602 Tel: (312) 558-9779 Fax: (312) 276-8119 [email protected] Attorney for DJ White Shadow, LLC
/s/ William L. Niro Attorneys for Rebecca Francescatti
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EXHIBIT 2
Case: 1:11-cv-05270 Document #: 83-3 Filed: 11/20/12 Page 1 of 3 PageID #:336
RAI'IT{OND P. NIRO
TMOTHYJ. IIALLERWILLIAM L. NIRO
JOSEPH N. HOSTENY, IuROBERT A, WIAI,E, JR.
PAIIL K. VICKREYDEAN D. MRORAYMOND P. NIRO, JR.
PATRICK R SOLON
ARTTITIRA. GASEYCHRISTOPHER J. LEE
DA\rID J. SHEIKH\/ASIilOS D. DOSSAS
RICIIARD B. MEGLEY, JR.
MIITTHEW G. MCANDREWS
NIRO, HALLER & NIRO181 WEST MADISON STREET-SUITE 4600
CHICAGO, rT.r.rNOIS 60602
TELEPHONE (312) 236 - 0733
FACSIMTLE (312) 236 - 3L37
November 2,2012
PAUL C. GIBBONSDINA M. IIAYES
FREDERICK C. I,ANEYDAVID J. MATIALEK
KARAL. SZPONDOWSKIROBERTA. CONLEY
I,AURAA. KENNEALLYOLTITA T. LUK
TAHITI ARSULOWICZBRIAN E. IIAAN
JOSEPH A. CULIGCHRISTOPHER W. NIRO
DANIEL R. FERRI
GABRIEL I. OPATKENOLTVER D. YANG
ASHI,EY E. I,AVALLEY
Bv E-mail : co rtne {Dn ros ka uer. co mCharles OrtnerPROSKAUER ROSE LLPEleven Times SquareNew York, NY 10036
Re: Francescatti v. Germanotta, et alCivil Action No. 11-cv-5270 fN.D. Illinois)
Dear Chuck:
As you may recall from the deposition of Ms. Germanotta, you requested that we provideyou with a letter memorializing our requests for documents identified by Ms. Germanotta at her
deposition. Specifically, we requested that Ms. Germanotta produce:
o Cellular telephone records, including text messages sent and received fromJanuary l, 2010 through September 12" 2010 (preceding text messages produced
as LGO 1 336-LG0 1 344) (pp. 20-22);
o Documents sufficient to identiff the entity that furnishes Ms. Germanotta's
services to InterscopefuMG. Ms. Germanotta testified that Team Love Child,LLC is no longer the contracting party (pp.32-35);
o Documents sufficient to identify the agreement between Ms. Germanotta and Rob
Fusari giving and paying Fusari for "three more songs" on the Born This Way
album (pp. 56-57);
. Producer agreements with Paul Blair/DJ White Shadow in relation to a new album
being created by Ms. Germanotta (p. 68);
. Copy of the signature page (p. 27 of Plaintiff s Ex. 15) executed by Ms.Germanotta and/or complete executed copy of same (pp. 69-71);
o "Session Reports" for all sessions for recording, mixing, mastering "Judas" (p.
r44);
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November 2,2012Page2
o All Producer/Recording/Writer agreements between Ms. Germanotta and JenniferLopezregarding songs "Hypnotic," and/or "Invading My Mind" (p. la9);
o A copy of the license for the Vengeance Sample Ms. Germanotta identified andstated she had seen (p. 168).
We trust that you will produce the above in advance of the November 5, 2012 factdiscovery cut-off.
Please let us know if you have any questions.
WLN/mm
cc: K. Blum (by email)S. Crawshaw-Sparks (by email)C. Spector (by email)
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Case: 1:11-cv-05270 Document #: 83-4 Filed: 11/20/12 Page 1 of 2 PageID #:339
Case: 1:11-cv-05270 Document #: 83-4 Filed: 11/20/12 Page 2 of 2 PageID #:340
Exhibit 4
Case: 1:11-cv-05270 Document #: 83-5 Filed: 11/20/12 Page 1 of 2 PageID #:341
RAYMONDP NIRO
TIMOTIIYJ. IIALI,ERWILLIAM L. NIRO
JOSEPH N. HOSTENY, UIROBERT A. VTTAI,E, JR.
PAIIL K. VICKREYDEAN D. NIRO
RAYMONDP. NIRO,JR.PATRICK F: SOLON
ARTIIURA. GASEY
CHRISTOPHERJ. T,EE
DA1rIDJ. SIIEIKHvAsruos D. DossAsRICIIARD B. MEGI, T, JR.
MITITHEWG. MCANDREWS
NIRO, HALLER & NIROI8l WEST MADISON STREET-SUTTE 4600
CHICAGO. ILIJNOIS 60602
TELEPHONE (312) 236 - 0733
F.ACSTMTLE (Ar2) 23,6 - Ar37
November 6,2012
PAULC. GIBBONSDINA M. IIAYES
FREDERICK C. I,ANEYDAVIDJ. MAHALEK
KARAL. SZPONDOV/SXIROBERTA. CONLEY
I,AURAA. KENNEALLYOLIWAT. LUK
TAHITI ARSUI,OWICZBRIAN E. HAAN
JOSEPHA. CULIGCHRISTOPHEE W. NIRO
DANIEL R. FERRIGABRIEL I. OPATT(EN
OLIVER D. IANGASIII,EY E. I,AVAI,LEY
B, E_mail : scraws haw@rros kauer. comSandra A. Crawshaw-SparksPROSKAUER ROSE LLP1585 BroadwayNew York, NY 10036-8299
Re: Francescatti v. Germanotta, et alCivil Action No. I l-cv-5270 (N.D. Illinois)
Dear Sandra:
I am not certain I understand the point of the observation in your November 5, 2012
letter. My closing sentence was essentially the same as Kevin Blum's request to us contained in
his similar request dated October 25,2012.
If you need or want additional time, all you have to do (as you have in the past), is ask.
Moreover, given the liberal interpretation of Rule 26(e), we would expect timelysupplementation as provided in any event.
In any case, we have no objection to your production of requested documents after the
close of discovery, and when appropriate, we will do the
Sincerely.
WLN/mmcc: C. Niro
C. SpectorC. OrtnerK. Blum
illiam L. N
Case: 1:11-cv-05270 Document #: 83-5 Filed: 11/20/12 Page 2 of 2 PageID #:342
Exhibit 5
FILED UNDER SEAL
Restricted Document Pursuant to Local Rule 26.2
Case: 1:11-cv-05270 Document #: 83-6 Filed: 11/20/12 Page 1 of 1 PageID #:343
EXHIBIT 6
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 1 of 16 PageID #:344
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
) ) ) )
Plaintiff, ) )
V. ) )
STEFANI JOANNE GERMANOTTA ) p/k/a LADY GAGA, INTERSCOPE RECORDS, ) UNIVERSAL MUSIC GROUP, INC. , ) D J WHITE SHADOW, LLC, and ) BRIAN JOSEPH GAYNOR )
) Defendants. )
No. I:11-cv-05270
Honorable Blanche M. Manning
Magistrate Judge Jeffrey T. Gilbert
ECF CASE
JURY TRIAL DEMANDED
GERMANOTTA'S RESPONSES AND OBJECTIONS TO PLAINTIFF'S SECOND
RE UKST FOR THE PRODUCTION OF DOCUMENTS AND THINGS NOS. 32-40
Defendant STEFANI JOANNE GERMANOTTA p/k/a LADY GAGA (" Defendant" or
"Germanotta") hereby responds to plaintiff Rebecca Francescatti's (" Plaintiff" or "Francescatti")
Second Request for the Production of Documents and Things.
PRELIMINARY STATEMENT
Defendant has not completed her investigation, discovery, and preparation for trial in this
action. As discovery proceeds, Defendant may discover facts, information, evidence, documents
and things not referred to in these responses. Defendant bases these responses on Defendant's
knowledge, information, and belief at this time. Defendant provides these responses based on
Defendant's good faith interpretation and understanding of the individual requests.
Notwithstanding the content of these responses, Defendant reserves the right to correct any
inadvertent errors or omissions, and refer to, conduct discovery with reference to, and to offer
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 2 of 16 PageID #:345
into evidence at the time of trial, any and all facts, evidence, documents, and things developed
during the course of discovery and trial preparation.
GENERAL OB JECTIONS
1. Defendant objects to the requests to the extent they seek information protected from
disclosure by the attorney-client privilege (including any applicable joint defense or common
interest privilege), the attorney work product doctrine and/or any other applicable privilege or
immunity.
2. Defendant objects to the requests to the extent the disclosure of information would
constitute an unwarranted invasion of an affected person's constitutional, statutory, and/or
common law rights to privacy and confidentiality.
3. Defendant objects to the extent the requests seek private, privileged, and confidential or
proprietary commercial, financial, or business information.
4. Defendant objects to the requests to the extent they are irrelevant and immaterial to the
pending action and are not relevant to any claim or defense.
5. Defendant objects to the requests to the extent they are vague and ambiguous and/or
unintelligible in the context of this matter.
6. Defendant objects to the requests to the extent they are overbroad as to time and scope,
and/or unduly burdensome and oppressive.
7. Defendant objects to the requests to the extent they do not describe the information
sought with sufficient paiticularity to enable Defendant to formulate a rational response.
8. Defendant objects to the requests to the extent they seek to impose obligations on
Defendant that are in addition to, or inconsistent with, those imposed by the Federal Rules of
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 3 of 16 PageID #:346
Civil Procedure, the Local Civil Rules of this Court, and/or any other applicable rule or court
order.
9. Defendant objects to the requests to the extent that any one request is duplicative of any
other request.
10. Defendant objects to the requests to the extent that they seek documents that are already
in the possession of Plaintiff or otherwise available from public sources.
11. Defendant objects to the requests to the extent that they are beyond the first phase of the
phased discovery plan set forth in the Report of the Parties' Planning Meeting and as agreed to
by Plaintiff.
12. Defendant objects to the requests to the extent that they seek information relating to the
exploitation, or revenue earned or received in respect of the exploitation, of the musical
composition and/or sound recording entitled "Judas" outside of the United States.
13. The failure of Defendant to make a specific objection to a particular request is not, and
shall not be construed as, an admission that responsive information exists. Likewise, any
statement herein that Defendant will produce any documents in response to an individual request
does not mean that Defendant in fact has any such documents, or that any such documents exist.
RESPONSES TO RE UKSTS FOR PRODUCTION
RK UEST FOR PRODUCTION NO. 32
Any and all Royalty Accounting reports or statements received from UMG/Interscope,
Sony/ATV, Sound Exchange and/or BMI in connection with the songs "Judas, " "Judas — DJ
White Shadow Remix, " and all "Born This Way" albums.
RESPONSE TO RE UEST FOR PRODUCTION NO. 1
Germanotta incorporates her General Objections as though fully set forth herein.
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 4 of 16 PageID #:347
Germanotta objects to this request to the extent that it seeks confidential information or
proprietary commercial, financial, business, or trade secret information.
Germanotta further objects to this request to the extent it is duplicative of other document
requests made by Plaintiff.
Germanotta further objects to this request to the extent that it demands information that is
not relevant, material or reasonably calculated to lead to the discovery of admissible evidence,
including insofar as it demands information unrelated to the musical composition and/or sound
recording entitled "Judas".
Germanotta further objects to this request because it seeks information that is beyond the
first phase of the phased discovery plan set forth in the Report of the Parties' Planning Meeting
and as agreed to by Plaintiff.
Germanotta further objects to this request to the extent that it seeks information relating
to the exploitation, or revenue earned or received in respect of the exploitation, of the musical
composition and/or sound recording entitled "Judas" outside of the United States.
Subject to and without waiving these objections, Germanotta responds that she will
produce copies of, or permit access to, responsive, non-privileged Royalty Accounting reports or
statements received from UMG/Interscope, Sony/ATV, Sound Exchange and/or BMI in
connection with the exploitation of the songs "Judas, " "Judas — DJ White Shadow Remix, " and
the album "Born This Way" within the United States.
RE UKST FOR PRODUCTION NO. 33
All correspondence or other form of communication (e. g. text/e-mail) by and between
Stefani Germanotta and Jennifer Lopez regarding the songs "Hypnotico" and "Invading My
Mind. "
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 5 of 16 PageID #:348
RESPONSE TO RE UEST FOR PRODUCTION NO. 33
Germanotta incorporates her General Objections as though fully set forth herein.
Germanotta objects to this request on the grounds that it is overbroad, vague, unduly
burdensome, and not relevant to any claim or defense.
Germanotta further objects to this request to the extent that it demands information that is
not relevant, material or reasonably calculated to lead to the discovery of admissible evidence,
including insofar as it demands information unrelated to the musical composition entitled
"Judas".
Germanotta further objects to this request to the extent that it is duplicative of any other
request.
Subject to and without waiving these objections, Germanotta responds that all
correspondence or other communications by and between Germanotta and Jennifer Lopez
regarding the songs "Hypnotico" and "Invading My Mind" that also refer or relate to the musical
composition and/or sound recording entitled "Judas", if any exist, have already been produced in
the instant action. Germanotta will not produce any correspondence or other communications by
and between Germanotta and Jennifer Lopez regarding the songs "Hypnotico" and "Invading My
Mind" that do not refer or relate to the musical composition and/or sound recording entitled
"Judas", as such documents are irrelevant, immaterial, and not reasonably calculated to lead to
the discovery of admissible evidence.
RE UKST FOR PRODUCTION NO. 34
All correspondence or other form of communication (e. g. text/e-mail) by and between
Stefani Germanotta and Red One a. k. a. Nadir Khayat regarding the songs "Hypnotico" and
"Invading My Mind. "
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 6 of 16 PageID #:349
RESPONSE TO RE UEST FOR PRODUCTION NO. 34
Germanotta incorporates her General Objections as though fully set forth herein.
Germanotta objects to this request on the grounds that it is overbroad, vague, unduly
burdensome, and not relevant to any claim or defense.
Germanotta further objects to this request to the extent that it seeks confidential
information or proprietary commercial, financial, business, or trade secret information.
Germanotta further objects to this request to the extent that it seeks information protected
from disclosure by the attorney-client privilege (including any applicable joint defense or
common interest privilege), and/or the attorney work product doctrine.
Germanotta further objects to this request to the extent that it demands information that is
not relevant, material or reasonably calculated to lead to the discovery of admissible evidence,
including insofar as it demands information unrelated to the musical composition entitled
"Judas".
Germanotta further objects to this request to the extent that it is duplicative of any other
request.
Subject to and without waiving these objections, Germanotta responds that all
correspondence or other communications by and between Germanotta and RedOne a. k. a Nadir
Khayat regarding the songs "Hypnotico" and "Invading My Mind" that also refer or relate to the
musical composition and/or sound recording entitled "Judas", if any exist, have already been
produced in the instant action. Germanotta will not produce any correspondence or other
communications by and between Germanotta and RedOne a. k. a. Nadir Khayat regarding the
songs "Hypnotico" and "Invading My Mind" that do not refer or relate to the musical
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 7 of 16 PageID #:350
composition and/or sound recording entitled "Judas", as such documents are irrelevant,
immaterial, and not reasonably calculated to lead to the discovery of admissible evidence.
RE UEST FOR PRODUCTION NO. 35
All contracts, agreements and memoranda by and between you and Jennifer Lopez
referring, reflecting or bearing upon the music, lyrics, production and writing and publishing
credit for the songs "Hypnotico" and "Invading My Mind. "
RESPONSE TO RE UEST FOR PRODUCTION NO. 35
Germanotta incorporates her General Objections as though fully set forth herein.
Germanotta objects to this request on the grounds that it is overbroad, vague, unduly
burdensome, and not relevant to any claim or defense.
Germanotta further objects to this request to the extent that it seeks confidential
information or proprietary commercial, financial, business, or trade secret information.
Germanotta further objects to this request to the extent that it demands information that is
not relevant, material or reasonably calculated to lead to the discovery of admissible evidence,
including insofar as it demands information unrelated to the musical composition entitled
"Judas".
Germanotta further objects to this request to the extent that it is duplicative of any other
request.
Subject to and without waiving these objections, Germanotta responds that all contracts,
agreements and memoranda by and between Germanotta and Jennifer Lopez referring, reflecting
or bearing upon the music, lyrics, production and writing and publishing credit for the songs
"Hypnotico" and Invading My Mind" that also refer or relate to the musical composition and/or
sound recording entitled "Judas", if any exist, have already been produced in the instant action.
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 8 of 16 PageID #:351
Germanotta will not produce any contracts, agreements and memoranda by and between
Germanotta and Jennifer Lopez referring, reflecting or bearing upon the music, lyrics, production
and writing and publishing credit for the songs "Hypnotico" and Invading My Mind" that do not
refer or relate to the musical composition and/or sound recording entitled "Judas", as such
documents are irrelevant, immaterial, and not reasonably calculated to lead to the discovery of
admissible evidence.
RE UEST FOR PRODUCTION NO. 36
All contracts, agreements and/or memoranda by and between Stefani Germanotta and
RedOne a. k. a. Nadir Khayat referring, reflecting or bearing upon the music, lyrics, production
for the songs "Hypnotico" and "Invading My Mind".
RESPONSE TO RE UEST FOR PRODUCTION NO. 36
Germanotta incorporates her General Objections as though fully set forth herein.
Germanotta objects to this request on the grounds that it is overbroad, vague, unduly
burdensome, and not relevant to any claim or defense.
Germanotta further objects to this request to the extent that it seeks confidential
information or proprietary commercial, financial, business, or trade secret information.
Germanotta further objects to this request to the extent that it demands information that is
not relevant, material or reasonably calculated to lead to the discovery of admissible evidence,
including insofar as it demands information unrelated to the musical composition entitled
"Judas".
Germanotta further objects to this request to the extent that it is duplicative of any other
request.
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 9 of 16 PageID #:352
Subject to and without waiving these objections, Germanotta responds that all contracts,
agreements and memoranda by and between Germanotta and RedOne a. k. a. Nadir Khayat
referring, reflecting or bearing upon the music, lyrics, and production for the songs "Hypnotico"
and Invading My Mind" that also refer or relate to the musical composition and/or sound
recording entitled "Judas", if any exist, have already been produced in the instant action.
Germanotta will not produce any contracts, agreements and memoranda by and between
Germanotta and RedOne a. k. a. Nadir Khayat referring, reflecting or bearing upon the music,
lyrics, production for the songs "Hypnotico" and Invading My Mind" that do not refer or relate
to the musical composition and/or sound recording entitled "Judas", as such documents are
irrelevant, immaterial, and not reasonably calculated to lead to the discovery of admissible
evidence.
RE UEST FOR PRODUCTION NO. 37
Documents sufficient to show a license of sampled music included in the recording of
"Judas" and "Invading My Mind" as described and discussed by Stefani Germanotta and
RedOne in text messages marked as Plaintiff's Exhibit 35 during the deposition of Stefani
Germanotta on July 20, 2012.
RESPONSE TO RE UEST FOR PRODUCTION NO. 37
Germanotta incorporates her General Objections as though fully set forth herein.
Germanotta objects to this request on the grounds that it is overbroad, vague, unduly
burdensome, and not relevant to any claim or defense.
Germanotta further objects to this request to the extent that it seeks confidential
information or proprietary commercial, financial, business, or trade secret information.
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 10 of 16 PageID #:353
Germanotta further objects to this request to the extent that it demands information that is
not relevant, material or reasonably calculated to lead to the discovery of admissible evidence,
including insofar as it demands information unrelated to the musical composition entitled
"Judas".
Germanotta further objects to this request to the extent that it is duplicative of any other
request.
Subject to and without waiving these objections, Germanotta responds that she has no
such documents in her possession, custody, or control.
RE UEST FOR PRODUCTION NO. 38
All documents related to and/or reviewed in preparing your response to Plaintiff's Second
Set of Interrogatories.
RESPONSE TO RE UKST FOR PRODUCTION NO. 38
Germanotta incorporates her General Objections as though fully set forth herein.
Germanotta objects to this request on the grounds that it is overbroad, vague, unduly
burdensome, and not relevant to any claim or defense.
Germanotta further objects to this request to the extent that it seeks confidential
information or proprietary commercial, financial, business, or trade secret information.
Germanotta further objects to this request to the extent that it seeks information protected
from disclosure by the attorney-client privilege (including any applicable joint defense or
common interest privilege), and/or the attorney work product doctrine.
Germanotta further objects to this request to the extent that it is duplicative of any other
request.
10
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 11 of 16 PageID #:354
Subject to and without waiving these objections, Germanotta responds that she will
produce all non-privileged, relevant portions of documents that have not yet been produced in
the instant action that were used to prepare her response to Plaintiff's Second Set of
Interrogatories, if any.
RE UEST FOR PRODUCTION NO. 39
Documents describing, referring or relating to the owners and ownership interests in
Team Love Child, LLC and House of Gaga Publishing, Inc.
RESPONSE TO RE UEST FOR PRODUCTION NO. 39
Germanotta incorporates her General Objections as though fully set forth herein.
Germanotta objects to this request to the extent that it seeks confidential information or
proprietary commercial, financial, business, or trade secret information.
Germanotta further objects to the extent this request is duplicative of other document
requests made by Plaintiff.
Germanotta further objects to this request to the extent that it seeks information protected
from disclosure by the attorney-client privilege (including any applicable joint defense or
common interest privilege), and/or the attorney work product doctrine.
Subject to and without waiving these objections, Germanotta responds by referring
Plaintiff to her response to Plaintiff's Interrogatory No. 24.
RE UEST FOR PRODUCTION NO. 40
Any and all settlement agreements entered into by you in the lawsuit, Rob Fusari
Produciions, LLC v. Team Love Child, LLC, Supreme Court of New York, County of New York
(2010).
RESPONSE TO RE UEST FOR PRODUCTION NO. 40
11
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 12 of 16 PageID #:355
Germanotta incorporates her General Objections as though fully set forth herein.
Germanotta objects to this request to the extent that it seeks confidential information or
proprietary commercial, financial, business, or trade secret information.
Germanotta further objects to this request to the extent that it demands information that is
not relevant, material or reasonably calculated to lead to the discovery of admissible evidence,
including insofar as it demands information unrelated to the musical composition and/or sound
recording entitled "Judas".
Germanotta further objects to this request to the extent that it seeks information that is
beyond the first phase of the phased discovery plan set foith in the Report of the Parties'
Planning Meeting and as agreed to by Plaintiff.
Subject to and without waiving these objections, Germanotta responds that she is not
permitted to, and therefore will not, produce any settlement agreements entered into by her in the
lawsuit Rob Fusari Productions, LLC v. Team Love Child, LLC, Supreme Court of New York,
County of New York (2010) absent a Court order.
Dated: September 7, 2012 By: Sandra A. Crawshaw-Sparks
Charles B. Ortner (admitted pro hac vice) Sandra A. Crawshaw-Sparks (admitted pro hac vice) PROSKAUER ROSE LLP Eleven Times Square New York, New York 10036 Telephone: (212) 969-3000 Facsimile: (212) 969-2900 Email: cortner@proskauer. corn Email: scrawshaw@proskauer. corn -and- Steven R. Gilford (IL Bar No. 3121730) Catherine J. Spector (IL Bar No. 6287459) PROSKAUER ROSE LLP
12
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 13 of 16 PageID #:356
Three First National Plaza 70 W. Madison, Ste. 3800 Chicago, Illinois 60602-4342 Telephone: (312) 962-3507 Telephone: (312) 962-3550 Facsimile (312) 962-3551 Email: sgilfordgcproskauer. corn Email: cspector@proskauer. corn
Attorneys for Defendant Stefani Germanotta
13
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 14 of 16 PageID #:357
CERTIFICATE OF SERVICE
I hereby certify that I caused a true and correct copy of the foregoing Germanotta's
Responses and Objections to Plaintiff's Second Request for the Production of Documents and
Things (Nos. 32-40) to be delivered to counsel for Plaintiff by UPS to the following address:
William L, Niro Christopher W. Niro
NIRO, HALLER & NIRO 181 W. Madison, Suite 4600
Chicago, IL 60602 Phone: (312) 236-0733
Fax: (312) 236-3137
and by electronic mail to Plaintiff s counsel at the following addresses: wniro@nshn. corn;
cniro@nshn. corn.
I hereby further ce&tify that I caused a true and correct copy of the foregoing
Germanotta's Responses and Objections to Plaintiff s Second Request for the Production of
Documents and Things (Nos. 32-40) to be delivered to counsel for Defendants by electronic mail
as follows:
Elvis D. Gonzalez Elvis Gonzalez, Ltd. Three First National Plaza 70 West Madison Street, ¹1515 Chicago, IL 60602 Phone: 312-558-9779 Fax: 312-276-8119 egonzalez@elvisgonzalezltd. corn
Brian E. Curry John J. Bullaro, Jr. Bullaro & Carton, P. C. 200 North LaSalle Street Suite 2420 Chicago, IL 60601 Phone: 312-831-1000 Fax: 312-831-0647 bcurry@bul1arocarton. corn
14
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 15 of 16 PageID #:358
j bullaro@bullarocarton. corn
Christopher B. Lay JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654 Phone: 312-222-9350 Fax: 312-527-0484 CLay@j enner. corn
This is the 7th day of September, 2012.
Kevin S. Blum
15
Case: 1:11-cv-05270 Document #: 83-7 Filed: 11/20/12 Page 16 of 16 PageID #:359
Exhibit 7
FILED UNDER SEAL
Restricted Document Pursuant to Local Rule 26.2
Case: 1:11-cv-05270 Document #: 83-8 Filed: 11/20/12 Page 1 of 1 PageID #:360
EXHIBIT 8
Case: 1:11-cv-05270 Document #: 83-9 Filed: 11/20/12 Page 1 of 2 PageID #:361
Twitter / RedOne_Official: For those who don't know,
Have an account
© 2012 Twitter About Help
http://twitter.com/redone_offlciallstatus/48852032169320448[6/29/2012 1:46:56 PM]
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For those who don't know, @ladygagaProduced/Wrote with me TWO Records for
JLo, "Invading my Mind" and an Otherone coming S000N!!! 0MG!!!4.. Reply ti Retweet Favorite
1:03 PM - 18 Mar 11 via Twitter for Black8erry© Embed this Tweet
JloverSanj Sanchoz07 27 Jun' RedOne_OfficiaI Iadygaga JLo COMING SOON
1; YOU SAY? OMGGGGGGGGGG YESSSSSSSDetails
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Text follow RedOne_Official to 40404 ri the United States ign
Case: 1:11-cv-05270 Document #: 83-9 Filed: 11/20/12 Page 2 of 2 PageID #:362
EXHIBIT 9
Case: 1:11-cv-05270 Document #: 83-10 Filed: 11/20/12 Page 1 of 3 PageID #:363
RAYMOND P. NIRO
TIMOTEYJ. IIALLERWILLIAM L. NIRO
JOSEPH N. HOSTENY, IIIROBERT A. VTTALE, JR.
PAUL K. \IICKREYDEAN D. NIRO
RAYMOND P, NIRO, JR.
PATRICKR SOLON
ARTT{URA. GASEY
CHRISTOPHER J. LEE
DAVID J. SHEIKH
VASILIOS D. DOSSAS
RICIIARD B. MEGLEY, JR.
MAITHEWG. MoANDREWS
NIRO, HALLER & NIRO181 WEST MADISON STREET-SIIITE 4600
CHICAGO, ILLINOIS 60602
TELEPHONE (312) 236 - 0733
FACSTMTLE (3r2) 236 - 3137
October 24.2012
PAUL C. GIBBONSDINA M. IIAYES
FREDERICK C. I,ANEY
DAVID J. MATIALEK
KARAL, SZPONDOWSKIROBERTA. CONLEY
I,AURAA. KENNEALLYOLI\IIAT. LUK
TAIIITI ARSULOWICZBRIAN E. IIAAN
JOSEPH A. CIILIGCHRISTOPHER W. MRO
DANIEL R. FBRRI
GABRIEL I. OPATKEN
OLIVER D. YANG
ASHI,EY E. I,AVALLEY
Bv E-msil : s c raws h arr{An ros ka uer. c omSandra A. Crawshaw-SParksPROSKAUER ROSE LLP1585 BroadwayNew York. NY 10036-8299
Re: Francescatti v. Germanotta. et al11
Dear Sandra:
In response to Plaintiffs Second Requestt-!-.-Po.uments, you produced copies of
documents with Bates Numbers LG0137g through LG0157g. The copies were pro{u1gd in bulk,
without designation or identifying the corr.rponding Request as required by 3a@)(2)(E)'
Most of the pages (LG01378 through LG0l573) appear to be from the same source'
However, the source ii noi identified, andal but a 49rfr pages have been redacted' The
time/date period is not included. w;uiJ you please identify ihose ^documents
produced by
category in response to the Requests and identify the dates and source of the documents'
In addition, Defendant refuses to produce documents in response to Requestt ??'?!:3.1.and 36 which ask for communications ani agreements relating to th? songs "Invading My Y1t4"and ,,Hypnotico.,, Given that those t*o ronlr relate.directly to the Vengeance Sample which is
part of the song "Judas" they are ,.u*ttuuty likely to llad to the discovery of admissible
evidence. Unless Defendant is willing to produce reiponsive documents, we will need to file a
motion to compel. Pursuant to Local Rule 37.2, we request a telephone conference to discuss a
resolution of the objections.
Lastly, in response to Request No. 40, Defendant refuses to produce requested
documents, ctaiming sie is not p"r-ittrd to produce the.requested documents' First' there is a
comprehensive protZctive ordeiin pl;, *ni.n, as you have copiously employed, provides for
Highly confidential Attorneys Eyis O"rt designation. The requested documents can be
produced under that design-ation. Moreover, 1n -y experience' Confidential Settlement
Agreements usually have a provision p".-itti"g- disclosure when required in pending judicial
proceedings. We rlqu"tt the docum_enis be pro-cluced. If you continue to refuse, we wish to
di.".rtt that refusal in a Local Rule 37'2 conference'
Case: 1:11-cv-05270 Document #: 83-10 Filed: 11/20/12 Page 2 of 3 PageID #:364
October 24,2012Page2
Please let us know, as soon as possible, how you wish to proceed.
WLN/mmWilliam L.
Case: 1:11-cv-05270 Document #: 83-10 Filed: 11/20/12 Page 3 of 3 PageID #:365
Case: 1:11-cv-05270 Document #: 83-11 Filed: 11/20/12 Page 1 of 3 PageID #:366
Case: 1:11-cv-05270 Document #: 83-11 Filed: 11/20/12 Page 2 of 3 PageID #:367
Case: 1:11-cv-05270 Document #: 83-11 Filed: 11/20/12 Page 3 of 3 PageID #:368
EXHIBIT 11
Case: 1:11-cv-05270 Document #: 83-12 Filed: 11/20/12 Page 1 of 3 PageID #:369
RAYMOND P NIROTIMOTTTYJ, IIAII,ERWII,LIAM L. NIROJOSEPH N. HOSTENY, IIIROBERT A. VITALE, JR.
PAUL K.IIICKREYDEAN D. NIRORAYMOND P. NIRO. JR.
PATRICK E SOLON
ARTTIIIRA. GASEYCHRISTOPHER J. LEEDAVID J. SHEIKHVASILIOS D. DOSSAS
RICI{ARD B. MEGLEI JR.
MAmHEWG. MCANDREWS
NIRO, HALLER & NIRO181 WEST MADISON STREET-SUTTE 4600
CHICAGO, rrr.rNOIS 60602
TELEPHONE (312) 236 - 0733
FACSIMILE (3t2) 236 - 3L37
November 8,2012
PAUL C. GIBBONSDINA M. I{AYES
FREDERICK C. I.ANEYDAI'ID J. MAI{ALEK
KARA L. SZPONDOWSKIROBERTA. CONLEY
I,AURAA. KENNEALLYOLTVIAT. LUK
TAHITI ARSIJI-OWICZBRIAN E. IIAAN
JOSEPH A. CULIGCHRISTOPHER W. NIRO
DANIEL R. FERRIGABRIEL I. OPATKEN
OLIVER D. YANGASHLEY E. I,AVALI,EY
Bv E-mail : scraws h a|t{An ros ka ue r. co mSandra A. Crawshaw-SparksPROSKAUER ROSE LLP1585 BroadwayNew York. NY 10036-8299
Francescatti v. Germanotta, et alCivil Action No. 11-cv-5270 (N.D. Illinois)
Dear Sandra:
Thank you for the designations of the royalties reports contained in your October 26,2012 letter. Those designations greatly enhanced our ability to review and understand thosedocuments.
Regarding Plaintiffs Request Nos. 33, 34, 35, and 36, the communications anddocuments concerning "Invading My Mind" and "Hypnotico" are indeed relevant to the issues insuit. As you know, as a preliminary matter, the boundaries of discovery are very broad - i.e.,anything that could lead to the discovery of admissible evidence. Red One has already identifiedthe midi sequence as a Vengeance Sample, thus, our contention is not as you say, "purespeculation." Your client apparently used a copyrighted sample in Judas without disclosing thatfact to UMG. That sample was used in "Invading My Mind" and in "Hypnotico." Ii wasallegedly given to Jennifer Lopez in exchange for producer credit on those songs - credit forwhich Ms. Germanotta performed no work. We wish to discover what else may have beenexchanged or involved in the transaction concerning those three songs. If you continue tomaintain your refusal to produce, then let's schedule a Rule 37 conference for Mondav.November l2tn or Tuesday, November l3th.
The same applies to the Fusari Settlement Agreement. Ms. Germanotta testified thatFusari was "given" something from the "Born This Way" album as part of the settlement. TheAgreement is likely to lead to the discovery of admissible evidence in our case. To the extentthat you believe it cannot be produced without penalty, I suggest it be submitted to Magistrate
Re:
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November 8,2012Page2
Gilbert, for an in camera review to determine its ability to be disclosedo or, that we simply seek
the Court Order you seem to require. Again, we can confer on this on Monday or Tuesday.
WLN/mm
cc: C. NiroCounsel of Record
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EXHIBIT 13
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RAYMOND P NIROTIMOTITYJ. IIAT.LERWILIJAML NTRO
JOSEPH N. HOSTENY. IUROBERT A. \/TALE, JR.
PAIIL K. VICKREYDEAN D. NIRORAYMOND P. NIRO, JR.
PATRICK F. SOLON
ARTI{URA, GASEYCHRISTOPHER J. I,EEDAVIDJ. SHEIKHVASIIIOS D. DOSSAS
RICHARD B. MEGLEY, JR.MATTHEWG. MoANDREWS
NIRO, HALLER & NIRO18I WEST MADISON STREET-SUITE 4600
CHICAGO. n.r.TNOIS 60602
TELEPHONE (3r2) 236 - 0733
IIACSIMIT E (AL2) 236_At37
November 8.2012
.D. II
PAUL C. GIBBONSDINAM. HAYES
FREDERICK C. I.ANEYDAVID J. MATIALEK
KARAL. SZPONDOWSKIROBERTA. CONLEY
I,AURAA. KENNEALLYOLTWAT. LUK
TAHITT A.RSIII,OWICZBRIAN E. IIAAN
JOSEPHA. CIILIGCHRISTOPHER W. NTRO
DANIELR. FERRIGABRIEL I. OPA:rKEN
OLTYER D, YANGASHLEY E. I,AVAI,LEY
Bv E-mail : sc raws h aw{dn ros kaue r. c o mSandra A. Crawshaw-SparksPROSKAUER ROSE LLP1585 BroadwayNew York, NY 10036-8299
Re: Francescatti v. Germanotta. et al1
Dear Sandra:
With regard to your November 5,2}l2letter, the request for agreements with paul BlairplWaDJ White Shadow is relevant to the issue of potential bias of Mr.-gluit and/orMr. Gaynor,who both have testified that they have been working together producing music for various artists.We wish to ascertain the scope and nature of Ms. Germanotti's contin-uing business retationsfripwith Blair and Gaynor, which bears on the issues in suit. We request that document production.
If you wish to maintain the refusal, we would like to discuss it with you in a Rule 37conference next week.
WLN/mmcc: C. Niro
Counsel of Record
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