Lady Gaga and RedOne JLo Invading My Mind

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).

Case: 1:11-cv-05270 Document #: 83 Filed: 11/20/12 Page 1 of 8 PageID #:320

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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


mailto:[email protected]


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












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

Case: 1:11-cv-05270 Document #: 83-1 Filed: 11/20/12 Page 1 of 2 PageID #:328

2

Exhibit No. Description


12 11/5/12 Letter to Christopher Niro from Sandra Crawshaw Sparks



EXHIBIT 1



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





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











EXHIBIT 2


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);


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)




Exhibit 4


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


Exhibit 5

FILED UNDER SEAL

Restricted Document Pursuant to Local Rule 26.2


EXHIBIT 6


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


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


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.


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. "




Germanotta objects to this request on the grounds that it is overbroad, vague, unduly

burdensome, and not relevant to any claim or defense.



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. "






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.




"Judas".


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


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. "










"Judas".


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.


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.


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".










"Judas".


request.


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.


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.











"Judas".


request.

Subject to and without waiving these objections, Germanotta responds that she has no

such documents in her possession, custody, or control.


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










request.

10


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.


Documents describing, referring or relating to the owners and ownership interests in

Team Love Child, LLC and House of Gaga Publishing, Inc.





Germanotta further objects to the extent this request is duplicative of other document

requests made by Plaintiff.




Subject to and without waiving these objections, Germanotta responds by referring

Plaintiff to her response to Plaintiff's Interrogatory No. 24.


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).


11







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


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



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


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


Exhibit 7

FILED UNDER SEAL

Restricted Document Pursuant to Local Rule 26.2


EXHIBIT 8


Twitter / RedOne_Official: For those who don't know,

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© 2012 Twitter About Help

http://twitter.com/redone_offlciallstatus/48852032169320448[6/29/2012 1:46:56 PM]

4

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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

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EXHIBIT 9


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'


October 24,2012Page2

Please let us know, as soon as possible, how you wish to proceed.

WLN/mmWilliam L.





EXHIBIT 11


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:


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




EXHIBIT 13


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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