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
- 2 -
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.

- 3 -
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 (6
th
Cir. 2005).
- 4 -
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
- 5 -
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
- 6 -
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 (7
th
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 Plaintiffs 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
- 7 -
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
wniro@nshn.com
cniro@nshn.com
Attorneys for Plaintiff, Rebecca Francescatti


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
sgilford@proskauer.com
cspector@proskauer.com

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
cortner@proskauer.com
scrawshaw@proskauer.com
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
jbullaro@bullarocarton.com
bcurry@bullarocarton.com
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
clay@jenner.com

Andrew H. Bart
JENNER & BLOCK LLP
919 Third Avenue 37
th
Floor
New York, NY 10022-3908
Tel: (212) 891-1600
Fax: (212) 891-1699
abart@jenner.com
Attorneys for UMG Recordings, Inc.

Elvis D. Gonzalez
ELVIS GONZALEZ, LTD.
Three First National Plaza
Chicago, IL 60602
Tel: (312) 558-9779
Fax: (312) 276-8119
egonzalez@elvisgonzalezltd.com
Attorney for DJ White Shadow, LLC

/s/ William L. Niro
Attorneys for Rebecca Francescatti
EASTERN DIVISION

Plaintiff,

v.

individual, a.k.a."Lady Gaga," INTERSCOPE

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

Plaintiff,

v.

individual, a.k.a. "Lady Gaga," INTERSCOPE

Defendants.

Case No. 1:11-cv-5270

JURY TRIAL DEMANDED

Hon. Judge Blanche M. Manning
Hon. Mag. Judge Jeffrey T. Gilbert

PLAINTIFFS 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.
- 2 -
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 defendants 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.
- 3 -
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
Plaintiffs 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.
- 4 -
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
Chicago, IL 60602
Tel. (312) 236-0733
Fax: (312) 236-3137
wniro@nshn.com
cniro@nshn.com
Attorneys for Plaintiff, Rebecca Francescatti


The undersigned hereby certifies that on August 8, 2012 the foregoing
PLAINTIFFS 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
Chicago, IL 60602
Tel: (312) 962-3550
Fax: (312) 962-3551
sgilford@proskauer.com
cspector@proskauer.com

Charles Ortner
PROSKAUER ROSE LLP
Eleven Times Square
New York, NY 10036
Tel: (212) 969-3000
Fax: (212) 969-2900
cortner@proskauer.com
scrawshaw@proskauer.com
Attorneys for Stefani Joanne Germanotta

Bryan E. Curry
BULLARO & CARTON PC
200 North LaSalle St., Suite 2420
Chicago, IL 60601
Tel: (312) 831-1000
Fax: (312) 831-0647
jbullaro@bullarocarton.com
bcurry@bullarocarton.com
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
clay@jenner.com

Andrew H. Bart
JENNER & BLOCK LLP
919 Third Avenue 37
th
Floor
New York, NY 10022-3908
Tel: (212) 891-1600
Fax: (212) 891-1699
abart@jenner.com
Attorneys for UMG Recordings, Inc.

Elvis D. Gonzalez
ELVIS GONZALEZ, LTD.
Chicago, IL 60602
Tel: (312) 558-9779
Fax: (312) 276-8119
egonzalez@elvisgonzalezltd.com
Attorney for DJ White Shadow, LLC

/s/ William L. Niro
Attorneys for Rebecca Francescatti

EXHIBIT 2

RAI'IT{OND P. NIRO
TMOTHYJ. IIALLER
WILLIAM L. NIRO
JOSEPH N. HOSTENY, Iu
ROBERT A, WIAI,E, JR.
PAIIL K. VICKREY
DEAN D. MRO
RAYMOND P. NIRO, JR.
PATRICK R SOLON
ARTTITIRA. GASEY
CHRISTOPHER J. LEE
DA\rID J. SHEIKH
\/ASIilOS D. DOSSAS
RICIIARD B. MEGLEY, JR.
MIITTHEW G. MCANDREWS
NIRO, HALLER & NIRO
181 WEST MADISON STREET-SUITE 4600
CHICAGO,
rT.r.rNOIS 60602
TELEPHONE (312) 236 - 0733
FACSIMTLE (312) 236 - 3L37
November 2,2012
PAUL C. GIBBONS
DINA M. IIAYES
FREDERICK C. I,ANEY
DAVID J. MATIALEK
KARAL. SZPONDOWSKI
ROBERTA. CONLEY
I,AURAA. KENNEALLY
OLTITA T. LUK
TAHITI ARSULOWICZ
BRIAN E. IIAAN
JOSEPH A. CULIG
CHRISTOPHER W. NIRO
DANIEL R. FERRI
GABRIEL I. OPATKEN
OLTVER D. YANG
ASHI,EY E. I,AVALLEY
Bv E-mail : co rtne {Dn ros ka uer. co m
Charles Ortner
PROSKAUER ROSE LLP
Eleven Times Square
New York, NY 10036
Re: Francescatti v. Germanotta, et al
Civil Action No. 11-cv-5270 fN.D. Illinois)
Dear Chuck:
As you may recall from the deposition of Ms. Germanotta, you requested that we provide
you 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 from
January 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 2,2012
Page2
o
All Producer/Recording/Writer agreements between Ms. Germanotta and Jennifer
Lopezregarding songs "Hypnotic," and/or "Invading My Mind" (p. la9);
o
A copy of the license for the Vengeance Sample Ms. Germanotta identified and
stated she had seen (p. 168).
We trust that you will produce the above in advance of the November 5, 2012 fact
discovery 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,ER
WILLIAM L. NIRO
JOSEPH N. HOSTENY, UI
ROBERT A. VTTAI,E, JR.
PAIIL K. VICKREY
DEAN D. NIRO
RAYMONDP. NIRO,JR.
PATRICK F: SOLON
ARTIIURA. GASEY
CHRISTOPHERJ.
T,EE
DA1rIDJ. SIIEIKH
vAsruos D. DossAs
RICIIARD B. MEGI, T, JR.
MITITHEWG. MCANDREWS
NIRO, HALLER & NIRO
I8l WEST MADISON STREET-SUTTE 4600
CHICAGO. ILIJNOIS 60602
TELEPHONE (312) 236 - 0733
F.ACSTMTLE (Ar2) 23,6 - Ar37
November 6,2012
PAULC. GIBBONS
DINA M. IIAYES
FREDERICK C. I,ANEY
DAVIDJ. MAHALEK
KARAL. SZPONDOV/SXI
ROBERTA. CONLEY
I,AURAA. KENNEALLY
OLIWAT. LUK
TAHITI ARSUI,OWICZ
BRIAN E. HAAN
JOSEPHA. CULIG
CHRISTOPHEE W. NIRO
DANIEL R. FERRI
GABRIEL I. OPATT(EN
OLIVER D. IANG
ASIII,EY E. I,AVAI,LEY
B, E_mail : scraws haw@rros kauer. com
PROSKAUER ROSE LLP
1585 Broadway
New York, NY 10036-8299
Re: Francescatti v. Germanotta, et al
Civil 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 timely
supplementation 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/mm
cc: C. Niro
C. Spector
C. Ortner
K. Blum
illiam L. N

Exhibit 5

FILED UNDER SEAL

Restricted Document Pursuant to
Local Rule 26.2


EXHIBIT 6
UNITED STATES DISTRICT COURT
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
"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
My
Mind" that also refer or relate to the musical
"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
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
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
My
Mind" that do not refer or relate to the musical
"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
My
Mind.
"
"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.
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
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
from disclosure
by
common interest privilege), and/or the attorney work product doctrine.
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.
from disclosure
by
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.
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:
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
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
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.
70 West Madison Street, 1515
Chicago, IL 60602
Phone: 312-558-9779
Fax: 312-276-8119
egonzalez@elvisgonzalezltd. corn
Brian E. Curry
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


H a v e a n a c c o u n t
2 0 1 2 T w i t t e r A b o u t H e l p

4
R e d O n e
R e d O n e _ O f f i c i a
I I

R e p l y t i R e t w e e t F a v o r i t e
1 : 0 3 P M - 1 8 M a r 1 1 v i a T w i t t e r f o r B l a c k 8 e r r y E m b e d t h i s T w e e t
J l o v e r S a n j S a n c h o z 0 7
2 7 J u n
' R e d O n e _ O f f i c i a I I a d y g a g a J L o C O M I N G S O O N
1 ; Y O U S A Y ? O M G G G G G G G G G G Y E S S S S S S S
D e t a i l s
I
p .
D o n ' t m i s s a n y u p d a t e s f r o m R e d O n e
J o i n T w i t t e r t o d a y a n d f o U o w w h a t i n t e r e s t s y o u
H a v e a n a c c o u n t ? S i g n i n .
T e x t f o l l o w R e d O n e _ O f f i c i a l t o 4 0 4 0 4 r i t h e U n i t e d S t a t e s
i g n

EXHIBIT 9

RAYMOND P. NIRO
TIMOTEYJ. IIALLER
WILLIAM L. NIRO
JOSEPH N. HOSTENY, III
ROBERT A. VTTALE, JR.
PAUL K. \IICKREY
DEAN 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 & NIRO
181 WEST MADISON STREET-SIIITE 4600
CHICAGO, ILLINOIS 60602
TELEPHONE (312) 236 - 0733
FACSTMTLE (3r2) 236 - 3137
October 24.2012
PAUL C. GIBBONS
DINA M. IIAYES
FREDERICK C. I,ANEY
DAVID J. MATIALEK
KARAL, SZPONDOWSKI
ROBERTA. CONLEY
I,AURAA. KENNEALLY
OLI\IIAT. LUK
TAIIITI ARSULOWICZ
BRIAN E. IIAAN
JOSEPH A. CIILIG
CHRISTOPHER 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 om
Sandra A. Crawshaw-SParks
PROSKAUER
ROSE LLP
1585 Broadway
New York. NY 10036-8299
Re: Francescatti v. Germanotta. et al
11
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 24,2012
Page2
Please let us know, as soon as possible, how you wish to proceed.
WLN/mm
William L.

EXHIBIT 11

RAYMOND P NIRO
TIMOTTTYJ, IIAII,ER
WII,LIAM L. NIRO
JOSEPH N. HOSTENY, III
ROBERT A. VITALE, JR.
PAUL K.IIICKREY
DEAN D. NIRO
RAYMOND P. NIRO. JR.
PATRICK E SOLON
ARTTIIIRA. GASEY
CHRISTOPHER J. LEE
DAVID J. SHEIKH
VASILIOS D. DOSSAS
RICI{ARD B. MEGLEI JR.
MAmHEWG. MCANDREWS
NIRO, HALLER & NIRO
181 WEST MADISON STREET-SUTTE 4600
CHICAGO, rrr.rNOIS 60602
TELEPHONE (312) 236 - 0733
FACSIMILE (3t2) 236 - 3L37
November 8,2012
PAUL C. GIBBONS
DINA M. I{AYES
FREDERICK C. I.ANEY
DAI'ID J. MAI{ALEK
KARA L. SZPONDOWSKI
ROBERTA. CONLEY
I,AURAA. KENNEALLY
OLTVIAT. LUK
TAHITI ARSIJI-OWICZ
BRIAN E. IIAAN
JOSEPH A. CULIG
CHRISTOPHER W. NIRO
DANIEL R. FERRI
GABRIEL I. OPATKEN
OLIVER D. YANG
ASHLEY E. I,AVALI,EY
Bv E-mail : scraws h a|t{An ros ka ue r. co m
PROSKAUER ROSE LLP
1585 Broadway
New York. NY 10036-8299
Francescatti v. Germanotta, et al
Civil 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 those
documents.
Regarding Plaintiffs Request Nos. 33, 34, 35, and 36, the communications and
documents concerning "Invading My Mind" and "Hypnotico" are indeed relevant to the issues in
suit. 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 identified
the midi sequence as a Vengeance Sample, thus, our contention is not as you say, "pure
speculation." Your client apparently used a copyrighted sample in Judas without disclosing that
fact to UMG. That sample was used in
"Invading My Mind" and in "Hypnotico." Ii was
allegedly given to Jennifer Lopez in exchange for producer credit on those songs
-
credit for
which Ms. Germanotta performed no work. We wish to discover what else may have been
exchanged or involved in the transaction concerning those three songs. If you continue to
maintain 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 that
Fusari was "given" something from the "Born This Way" album as part of the settlement. The
Agreement is likely to lead to the discovery of admissible evidence in our case. To the extent
that you believe it cannot be produced
without penalty, I suggest it be submitted to Magistrate
Re:
November 8,2012
Page2
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. Niro
Counsel of Record

EXHIBIT 13

RAYMOND P NIRO
TIMOTITYJ. IIAT.LER
WILIJAML NTRO
JOSEPH N. HOSTENY. IU
ROBERT A. \/TALE, JR.
PAIIL K. VICKREY
DEAN D. NIRO
RAYMOND P. NIRO, JR.
PATRICK F. SOLON
ARTI{URA, GASEY
CHRISTOPHER J. I,EE
DAVIDJ. SHEIKH
VASIIIOS D. DOSSAS
RICHARD B. MEGLEY, JR.
MATTHEWG. MoANDREWS
NIRO, HALLER & NIRO
18I 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. GIBBONS
DINAM. HAYES
FREDERICK C. I.ANEY
DAVID J. MATIALEK
KARAL. SZPONDOWSKI
ROBERTA. CONLEY
I,AURAA. KENNEALLY
OLTWAT. LUK
TAHITT A.RSIII,OWICZ
BRIAN E. IIAAN
JOSEPHA. CIILIG
CHRISTOPHER W. NTRO
DANIELR. FERRI
GABRIEL I. OPA:rKEN
OLTYER D, YANG
ASHLEY E. I,AVAI,LEY
Bv E-mail : sc raws h aw{dn ros kaue r. c o m
PROSKAUER ROSE LLP
1585 Broadway
New York, NY 10036-8299
Re: Francescatti v. Germanotta.
et al
1
Dear Sandra:
With regard to your November
5,2}l2letter, the request for agreements with
paul
Blair
plWaDJ
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 retationsfrip
with 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 37
conference next week.
WLN/mm
cc: C. Niro
Counsel of Record

Lady Gaga and RedOne JLo Invading My Mind

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lady Gaga and RedOne JLo Invading My Mind

Uploaded by

Copyright:

Available Formats

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

You might also like