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j

FILED IN CLEWS OFFICE

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U.S .p.C. Atlan .a

JUN 13 2002

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
KAZUO ON00,

nv-vtAS, Clerk
y a'MON(

)
Plaintiff,

v.

CIVIL ACTION

WORLD CHAMPIONSHIP WRESTLING,


and TURNER SPORTS, INC .,

N0 .

INC .,)
)

Defendants .

FILE

1 :00-CV-0368-CC

DEFENDANTS UNIVERSAL WRESTLING CORPORATION


AND TURNER SPORTS, INC .'S SUR-REPLY TO PLAINTIFF'S
REPLY 'PO DEFENDANTS' RESPONSE TO MOTION 'PO AMEND TO
ADD TURNER BROADCASTING SYSTEM, INC . AS DEFENDANT
Defendants Universal Wrestling Corporation
World Championship Wrestling,
Inc .

Inc .

(collectively "Defendants"),

Plaintiff's Reply to Defendants'


Add Turner Broadcasting System,

("WCW"))
submit

("UWC")

(f/k/a

and Turner Sports,

this

Sur-Reply

to

Response to Motion to Amend to


Inc .

As Defendant

("Motion") .

INTRODUCTION
Plaintiff has offered no legitimate explanation or
justification whatsoever
Inc .

("TBS")

evidence
potential

to this lawsuit .

I DOC

WCW has provided to Plaintiff

sufficient to demonstrate that WCW can satisfy any


judgment

in this case,

legitimate reason to
1005p55

for adding Turner Broadcasting System,

which is the

force TBS to defend this

only potentially
lawsuit

against

111

its

subsidiary .

Nevertheless,

Plaintiff

to add TBS as a Defendant in this


filing his

original

insists on attempting

lawsuit over two years after

Complaint, and nine

(9)

months

after the

time permitted to amend under the Consolidated Joint Preliminary


Report and Discovery Schedule
file

this Motion,

("Scheduling Order")

despite having

expired to

knowledge of TBS and its

relationship with Defendants since the time the original

Complaint was filed .


for its delay in

Plaintiff has failed to show good cause

filing this untimely Motion,

and granting

this

late Motion would unduly prejudice TBS .


Plaintiff's claim in his Reply Brief of "newly discovered

evidence",

only serves to further illustrate that the Motion is

baseless .

The supposed evidence referred to in Plaintiff's

Reply Brief does not support any

theory of

liability against TBS

and provides no factual or legal basis whatsoever to add TBS to


this

litigation .

In light of the fact that WCW can satisfy any potential


judgment,
basis

and the fact that

to add TBS

to this

Plaintiff has no factual or legal

lawsuit,

the only possible purpose of

this Motion is to harass and annoy WCW's corporate parent and


affiliates .

Plaintiff's Motion is not

only meritless,

abuse of the litigation process and should be denied .

Ioo5oy5 I DOC

it

is

an

ARGIIMENT AND CITATION OF AUTHORITY


2.

PLAINTIFF HAS FAILED TO SHOW GOOD CAUSE WHY THE MOTION WAS
FILED PAST THE TIME PERMITTED UNDER THE SCHEDULING ORDER .
Plaintiff's Reply Brief does not

add TBS as a
16(b) .

demonstrate good cause to

Defendant in this action,

as required by Rule

Plaintiff admits that he waited nine

(9)

months after

the deadline in the Scheduling order passed to file this Motion,


but contends that this significant delay occurred because he did
not "uncover" TBS's alleged involvement
February,

2002,

Gregory Prince .

in this case

until

when Plaintiff met with former WCW Controller


(Reply Brief,

p.

10 .)

This

argument is

completely without merit .


Plaintiff knew of TBS and any alleged role
case from the very outset of this litigation .
initially named TBS as a Defendant
TBS was later dismissed from this
Plaintiff initially named TBS as

in this
lawsuit,

it had in this
Plaintiff

litigation .
the fact that

a party to this lawsuit shows

Plaintiff was aware of TBS and its alleged involvement long

that
ago .

Plaintiff also claims he "has been seeking

about

the corporate structure of WCW and its

other Turner entities


period ."

since

(See Reply Brief,

the inception of
p.

11 .)

In fact,

information

connections with
the discovery
Plaintiff

raised claims of alter ego in this case in September,

1005055

While

I .DOC

-3-

first

2000,

in

his

First Amended Complaint

Defendant .

(See

Plaintiff's

adding Turner Sports,

Inc,

First Amended Complaint :

as a

also

see

Plaintiff's Brief In Opposition To Defendant Turner Sports,


Inc .'s Motion To Dismiss .)

Plaintiff's extreme delay in moving

to add TBS despite his alter ego claims and despite his
awareness of TBS is unjustified and without good cause .
To demonstrate good cause,

Plaintiff must show diligence

and extraordinary circumstances .


196 F .

Co .,

Inc .

Storm,
(M .D .

Fla .

Supp .2d 1249,


v.

1252

Moyer v .
(M . D .

Arena Football League,

1998) .

Fla .

Walt

Disney World

2000) ;

Inc .,

Tampa Bay

1998 WL 182418,

Plaintiff's inexplicable over two year delay

in seeking information it believed to be important,


seeking to depose Mr .

that

including

Prince or another WCW representative with

knowledge, demonstrates
proves

*2

Plaintiff's utter lack of diligence,

Plaintiff does not have good cause to depart

and

from

the Scheduling Order .


Plaintiff contends
efforts by
argument

that

Defendants impeded his discovery

failing to respond to document discovery .

is without merit .

This

Any delay in production was caused

by the aimlessly broad and burdensome discovery requests


propounded by Plaintiff which necessitated numerous
communications and conferences .

In any event,

ample time and opportunity during

Ipp9p5y

I .DOC.

-4-

Plaintiff had

the discovery period to depose

or speak with Mr .
effort

Prince or other representatives of WCW

to obtain information

in an

regarding the corporate structure

of WCW and its

connections with other Turner entities through

more expedient

and less burdensome methods .

opportunity,
complete

Despite time and

Plaintiff made no effort to do so .

lack of diligence entirely undermines

Plaintiff's
Plaintiff's

assertion of good cause for filing his belated Motion .


Because Plaintiff is unable to demonstrate good cause to
depart

from the deadline set

in the Scheduling Order,

out

Plaintiff's Motion should be denied under Rule 16(b) .


II .

PLAINTIFF'S MOTION IS UNTIMELY AND WOULD CAUSE UNDUE


PREJUDICE .
Granting

Rule

Plaintiff's

15(a) because

untimely Motion would run afoul of

it would unduly prejudice TBS by forcing TBS

to respond to discovery at this


Fact discovery closed on June
set

late

2002 .

1,

a briefing schedule on motions

light of

the

fact that

litigation .

The Court has already

for summary judgment .

In

Plaintiff knew of TBS and any purported

relationship it has to this case


litigation,

stage in the

and the fact that

from the very outset of this

Plaintiff waited until less

than

two months before the close of fact discovery to file this


Motion,

1005055 1 .ooc

forcing TBS to defend a

lawsuit and respond to discovery

-5-

at this

stage of the litigation would unduly prejudice TBS .

Therefore,
III .

Plaintiff's Motion should be denied under Rule

15(a) .1

PLAINTIFF FAILS TO PROVIDE A PROPER BASIS TO ADD TBS AS A


Plaintiff

repeatedly suggests that

"newly discovered

evidence" shows that TBS dominated and controlled WCW such

that

it should be liable for any allegedly improper action taken by


WCW .

Plaintiff does not provide the Court with

testimony of Mr .

Prince,

the

actual

but instead selectively summarizes

mischaracterizes certain portions of Mr .

Prince's testimony .

Even accepting Plaintiff's mischaracterizations of Mr .


testimony,

it

is not

and

"newly discovered evidence",

Prince's

since

Plaintiff had or could have obtained any such evidence earlier


by deposing Mr .

Prince or some other WCW representative or

through alternative means .


characterizations

of Mr .

Further,

Plaintiff's

Prince's testimony in no way support or

Plaintiff contends that TBS would not be unduly prejudiced by


this late addition of TBS because "Plaintiff does not plan to
pursue extensive discovery" of TBS .
(Reply Brief, p . 13 .)
(emphasis added .)
This statement is disingenuous .
Plaintiff's
for
TBS
actions show that he plans extensive discovery
.
Despite
the fact that TBS is not a party to this action, Plaintiff
already has served a subpoena on TBS containing fourteen
burdensome document requests, which seeks documents identical to
those requested of the existing Defendants .
(See May 15, 2002
Subpoena to Turner Broadcasting System, Inc ., attached hereto as
Exhibit A .)
Notwithstanding Plaintiff's statement to the
contrary, Plaintiff's actions demonstrate that Plaintiff will
attempt to harass TBS with burdensome and extensive discovery
requests if TBS is added to this case .
1005055 1 .DOC

-6-

suggest any validity for Plaintiff's contentions that TBS


operated WCW as a joint venture,
they completely undermine
effort

alter ego or agent ;

Plaintiff's

to add TBS based on Mr .

contentions .

rather,
Plaintiff's

Prince's deposition only serves

to further illustrate that the only purpose of Plaintiff's


Motion is
The

to harass WCW's parent,

TBS .

law is clear that a parent

corporation may hold

itself

independently apart and insulated from the existence of its


subsidiary even while it uses the subsidiary or controls the
subsidiary to promote its own purposes .
America,
of

177

Ga .

App .

75,

76,

338

Boafa v .

S .E .2d 477,

Plaintiff's characterizations of Mr .

979

Prince's

Hosp .

Corp .

(1985) .

All

testimony speak

only to the typical practices in a parent-subsidiary


relationship,

such as

coordinated accounting and business

interdependency between a

subsidiary and its parent .

The purpose behind piercing the corporate veil


injustices that arise when a party abuses
and to defeat
to evade

"injustice,

contractual or tort

Dancause ,

248 Ga .

App .

Mart Jewelry Outlets v .


962

(1995)) .

form ."

1005055 I .DOC

[attempts to]

Id .

379,

its corporate

form,

perpetrate a fraud,

responsibility ."
375,

is to remedy

596 S .E .,

Standard Design ,

358

or

Soerries v .
(2001)

218 Ga .

App .

(citing J959,

960-

"There must be evidence of abuse of the corporate


There is no such evidence

in Mr .

Prince's

deposition or elsewhere .

In fact,

the discovery conclusively

demonstrates the absence of any abuse to the corporate form .


Pursuant to the Federal
Plaintiff's

request),

Rules of Civil Procedure

WCW has provided to

sufficient to demonstrate that WCW


satisfy any possible
possibly obtain

Plaintiff evidence

(now known as UWC)

(however unlikely)

in this lawsuit .

(and

The

can

judgment Plaintiff could

fact

that WCW can

satisfy

any potential judgment negates any asserted justification for


piercing the corporate veil in this case . z
Likewise,

nothing in the characterizations of Mr .

testimony even suggests


joint venturer with TBS .

that WCW operated as

an agent of or

For WCW to be considered an agent of

TBS for purposes of this litigation,


that

Plaintiff must demonstrate

it agreed with TBS to act on TBS's behalf and be

its control .

Multi-State Contracting Corp .

Corp . , 252 Ga . App . 449,


order to find that

Prince's

950,

556 S .E . 524,

v .

subject

Midwest

to

Indemnit

526 ('001) .

In

WCW and TBS acted as joint venturers,

Plaintiff must demonstrate that WCW and TBS had mutual control
of WCW's operations .
Ga .

App .

120,

123,

George Hyman Constr .

Boatman v .

276 S .E .2d 272,

275

(1981) .

Co . ,

157

The "mere

This fact also negates any justification for Plaintiff's


continued claims against defendant Turner Sports, Inc . based on
the actions of its affiliate WCW .
Nevertheless, Plaintiff has
refused to dismiss its claims against Turner Sports, Inc .
1005055i .Doc

-8-

existence of business interdependency does not create a joint


venture ."
636,

639

Pope v .
(1996) .

Goodqame ,

223 Ga .

App .

672,

679,

978 S .E .2d

Plaintiff has not provided a single fact,

its characterizations of Mr .
support or suggest

in

Prince's testimony or otherwise,

to

that TBS can be held liable on either theory

for WCW's alleged actions .


Plaintiff has offered no explanation or justification
adding TBS to this lawsuit .
reason for
its

including WCW's parent TBS

subsidiary WCW

Turner Sports,

Inc,

that any potential


the
that

fact

The only potentially


in this

legitimate

lawsuit against

(or for continuing to keep WCW'


as a defendant

in this

lawsuit)

s affiliate
is to insure

judgment against WCW can be satisfied .

that WCW can satisfy any potential

for

judgment,

Plaintiff has provided no facts or evidence

Given

and given

to support a

theory of liability against TBS for the alleged actions of WCW,


there can be only one conclusion as to Plaintiff's true purpose .
The only purpose of this Motion and of

adding TBS to this

lawsuit is

to harass and annoy WCW's corporate parent and

affiliates .

Plaintiff's Motion is nothing more than an

litigation tactic,

1005055I,ppL

and should be denied .

-9-

improper

t
CONCLUSION
For all of the foregoing reasons,
set

forth

in Defendants'

Amend Complaint
Defendant
This

as well

Opposition Brief,

as the

reasons

Plaintiff's Motion to

to Add Turner Broadcasting System,

Inc .

As

should be denied .
IJ L7

day of June,

2002 .

gsg~

JOHN J .
Georgia
JAMES A .
Georgia
ERIC A .
Georgia
EVAN H .
Georgia

DALTON
Bar No . 203700
LAMBERTH
Bar No . 931851
RICHARDSON
Bar No . 233873
PONTZ
Bar No . 583577

Counsel for Defendants


Universal Wrestling Corporation
(f/k/a World Championship
Wrestling, Inc .) and Turner
Sports, Inc .
TROUTMAN SANDERS LLP
5200 Bank of America Plaza
600 Peachtree Street, N .E .
Atlanta, GA
30308-2216
(909) 885-3000 (voice)
(404) 885-3995 (facsimile)

ioososs i .ooc

-10-

AO 88

.'1/94)
.v
(4

Subpoena in a Civil case ,

UNITED STATES DISTRICT COURT

NORTHERN

DISTRICT of

ATLANTA DIVISION

Marcial Davis, Darron Easterling, Harrison Norris,


Kazou Onoo, Rick Reeves, Bouthan Saengsiphan,
Lester Speight, Bobby Walker, William Worthen
and Claude Patterson

SUBPOENA IN A CIVIL CASE

v.

CASE NUMBERS : ' 1 :00-CV-1716-CC ;


1 :00-CV-1715-CC ; 1 :00-CV-0369-CC ;
1 :00-CV-0368-CC ; 1 :00-CV-1720-CC ;
1 :00-CV-1719-CC ; 1 :00-CV-1718-CC ;
1 :00-CV-0367-CC ; 1 :00-CV-1717-CC ;
and 1 :01-CV-1152-CC, respectively .
United States District Court
Northern District of Georgia

World Championship Wrestling, Inc . and Turner Sports, Inc.

TO :

GEORGIA

Turner Broadcasting System, Inc.


c/o CC Corporation System
1201 Peachtree Street, NE
Atlanta, GA 30361

0 YOU ARE COMMANDED to appear in the United States District Court at the place, date, and time specified below to
testify in the above case.
PLACE OF

Uql t ANU I IMt

0 YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in
the above case.
DATE AND TIME

PLACE OF DEPOSITION

Z YOU ARE COMMANDED to produce and permit inspection and copying of the following document or objects at the
place, date, and time specified below (list documents or objects) :
See attached Request for Production of Documents

AND

MEADOWS, ICHTER& BOWERS, P .C .


BUILDING EIGHT, SUITE 300, 3 525 PIEDMONT ROAD

YOU ARE COMMANDED to

17,2002
A .M .

GA 30305

at the date and time specified below.

of the

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more
officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth for each person
designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6) .
OR

3E qND TITLE

DATE

':~-i<--GZ.

WG OFFICER'S NAME, ADDRESS AND PHONE NUMBER v


ROTHENBERG WILLIAMS, MEADOWS, ICHTER 8 BOWERS, P .C ., 3525 PIEDMONT ROAD, NE, BUILDING 8,
SrE. 300, ATLANTA, GA 303 05 40 4-2 61-602D
F

4F/,

fDFW1

llFSd

PpY~

ERR

If action is pending in district other than district of issuance, state district under case number .

M ~E)

EXI

IbkMCHEL

SERVICE COPY

THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
Davis v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . File No . 1-00-CV-1716-CC ;
Saengsiphan v . World Championship Wrestling, Inc . and
Turner Sports, Inc . , Civ . File No . 1-00-CV-1719-CC ;
Speight v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . File No . 1-00-CV-1718-CC ;
Worthen v . World Championship Wrestling, Inc, and Turner
Sports, Inc . , Civ . File No . 1-00-CV-1717-CC ;
Reeves v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . File No . 1-00-CV-1720-CC ;
Easterling v . World Championship Wrestling, Inc . and Turne
Sports, Inc . , Civ . File No . 1-00-CV-1715-CC
Onoo v . World Championship Wrestling, Inc ., Turner Sports,
Inc . , Civ . File No . 1 :00-CV-0368-CC
Norris v . World Championship Wrestling, Inc ., Turner
Sports, Inc . , Civ . File No . 1 :00-CV-0369-CC
Walker v . World Championship Wrestling, Inc ., Turner
Sports, Inc . , Civ . File No . 1 :00-CV-0367-CC
Claude Patterson v . World Championship Wrestling, Inc .,
Turner Sports, Inc . and Turner Entertainment Group, Inc . ,
Civ . File No . 1 :01-CV-1152-CC

"

JURY TRIAL DEMANDED


PLAINTIFFS'

TO :

REQUEST FOR PRODUCTION OF DOCUMENTS TO NON-PARTY


TURNER BROADCASTING SYSTEM, INC .

Turner Broadcasting System, Inc .


c/o CT Corporation System, Registered Agent
1201 Peachtree Street
Atlanta, Georgia
30361

Pursuant to Fed .

Local Rules,
"

R.

Civ .

P.

34 and 45 and this Court's

Plaintiffs Marcial Davis,

Harrison Norris,

Kazou Onoo,

Bouthan Saengsiphan,

Darron Easterling,

Claude Patterson,

Lester Speight,

Rick Reeves,

Bobby Walker and William

Exdiibi~-~-

Page E af~

Worthen hereby serve their Request for Production of Documents


to non-party Turner Broadcasting System,
2.

1.

Inc .

("TBS") .

INSTRUCTIONS

You are hereby required to produce all "books,

documents and other tangible things" requested herein to the


Ichter & Trigg,

office of Meadows,
300,

3525 Piedmont Road,

on June 13,
2 .

Georgia 30305,

Suite

at 10 :00 a .m .,

or at such other time as counsel agree .

TBS shall

separately .
"

2002,

Atlanta,

Eight Piedmont Center,

each answer every document

request

If any answer is based upon information and belief,

rather than personal knowledge,

such answer shall state that

it

is made on that basis .


3 .

If any of these document requests cannot be answered

in full, then answer to the fullest extent possible, specify


each reason for the inability to answer the remainder the
document request,

and state whatever information or knowledge

you have concerning the unanswered portion .


4.

In answering these document requests, furnish such

information as is available to you regardless of whether or not


it is based on personal knowledge or records of you, your agents
or representatives,
5.
"

or others .

If you withhold any information on the basis of the

attorney-client privilege,

the work-product doctrine, or any

other privilege, please provide a sufficient description of th~


-2-

Exhibi~C,.r

Page

af~

information being withheld to enable Plaintiffs to evaluate the


privilege asserted, including the name of any document, author
and recipient of any document, date of any communication or
document,

location any communication took place,

and a brief

description of the substance of the information withheld .


6 .

These document requests shall be continuing to the

fullest extent allowed by law .


7.

You also have a legal duty seasonably to amend a prior

response if you obtain information upon the basis of which (a)


you know that
"

the response was incorrect when made,

know that the response,


correct,

though correct when made,

or

(b)

you

is no longer

and the circumstances are such that a failure to amend

the response is, in substance, a knowing concealment .


8.

Except where specifically limited to a different time

period, all inquiries require responses through the date of


final disposition of this litigation .
9.

All Definitions should be carefully reviewed and

regarded .
10 .

If any document was, but is no longer, in your

possession or subject to your control,

identify the document,

and state its present location or the disposition that was made
of it and the date thereof .
.

11 .

A request to produce a document is a request to

produce the original of said document and all duplicates of any


-3-

Exhib'~~-~,
A
e ~-

OfJ,L

c
such documents bearing any markings, notations,

or changes

copy may be produced if the original is unavailable for some


legally sufficient reason .
II .

1.

DEFINITIONS

"WCw" means Defendant World Championship Wrestling,

Inc . and its predecessors,


employees,

representatives,

successors,
officers,

attorneys,
directors,

agents,
or partners,

or

any other person or entity acting on its behalf .


2 .

"Turner Sports" means Defendant Turner Sports,

and its predecessors,


representatives,

successors,

officers,

attorneys,

directors,

or partners,

person or entity acting on its behalf .


Turner Entertainment Group,
successors,
officers,

attorneys,

directors,

acting on its behalf .


Inc .

agents,

"TEG"

employees,

or any other

means Defendant

and its predecessors,

employees,

or partners,

representatives,

or any other person or entity

"TBS" means Turner Broadcasting System,

and its predecessors,

employees,

Inc .

agents,

Inc .

representatives,

successors,
officers,

attorneys,
directors,

agents,
or partners,

or

any other person or entity acting on its behalf .


3 .

The word "you" or "your" means both of the Defendants,

unless otherwise specified .


4.

The word "person" means any natural person,

corporation,

company,

proprietorship,

association,

firm,

partnership,

joint venture or other business or legal entity,


Exhibit~Page ! of-jj_

employees, agents, servants, attorneys

and officers, directors,

or representatives of any such entity .


All references to a particular Plaintiff shall

5.

encompass that Plaintiff and his attorneys,

agents, employees,

or representatives .
6 .

Masculine or feminine pronouns shall not connote

particular gender but shall be taken to mean masculine,

feminine

or neuter gender, as the case may be .


7 .

"Document" or

mean all written,

"documents" wherever used herein shall

typed,

recorded,

printed,

photographic,

or graphic matter of every type and description,


"

letters,

correspondence,

invoices,

telegrams,

memoranda,

of all types of meetings,

contracts,

subcontracts,

intra-

audit reports,
reports,

projections,

records,

proposals, estimates,

critiques,

trip reports,

audited or

reviews,

appraisals, recommendations,

financial calculations,

checks, deposit slips, notices, diaries,

deeds,

appointment books,

instructions, work assignments, notes,

sheets, statistical records,

agreements

account summaries, daily collateral

bulletins,

desk calendars,

minutes

profits and loss statements,

analyses, results of investigations,

periodicals,

but

e-mails,

and inter-office communications,

unaudited financial statements,

including,

not limited to,

guarantees,

handwritten notes,

video

cancelled
books,
messages,

notebooks, drafts, data

telephone records, tapes, tape

-s-

Exhib'

recordings, partial or complete reports of telephone


conversations,

public statements, newspaper or other media

releases, microfilm,
tapes, video tapes,

microfiche, computer printouts,

computer

public and governmental filings, opinions,

and any other writings or recordings .


III .

REQUESTS

FOR PRODUCTION

Please produce for inspection and copying all monthly

1 .

and annual financial statements of WCW,


Group,

Inc .

any of

those entities since January 1,

2 .

Turner Entertainment

("TEG") and Turner Sports created by or on behalf of

Please produce

1995 .

for inspection and copying all

created by or on behalf of WCW since January 1,

2001,

indexes

reflecting

upon or referring to documents WCW has placed in storage since

that date .
3 .

Please produce for inspection and copying any and all

e-mails from Greg Prince to Matt

Stroer

(Turner Sports)

or Mark

Hartman (TEG) described by Greg Prince in his deposition on May


7,

2002

("Prince Deposition")

as the monthly summary income

statements with narrative discussions of monthly financial


performance by WCW from November 1997 through March 2001 .

4.

Please produce for inspection and copying any and all

budgets and drafts of budgets prepared by WCW,


"

TBS, TEG or

Turner Sports for WCW from 1995 through 2001 .

-s-

Exhibit

Page---~-ofjL-

5.

Please produce for inspection and copying any and all

monthly revenue allocation documents, as described in the Prince


Deposition, for allocations of revenue received by Turner Ad
Sales for advertisements placed in connection with WCW
programming .
6.

Please produce for inspection and copying any and all

monthly expense allocation documents,

Deposition,

as described in the Prince

for allocations of expenses of Turner Sports, TEG,

Turner Studios,

Turner Ad Sales,

Turner Home Satellite,

and

Turner Network Sales to WCW .


.

7 .

Please produce for inspection and copying any and all

bank records of WCW reflecting the amount of

funds "swept"

WCW's depository bank account by Turner Sports,

from

Turner Group

Services or any other Turner entity from 1995 through March 31,
2001 .

e.

Please produce for inspection and copying any and all

documents that reflect upon revenues collected by Turner Ad


Sales for advertisements sold by Turner Ad Sales in connection
with WCW programming .

9.

Please produce for inspection and copying any and all

documents referring to or reflecting upon efforts by any member


of WCW management to obtain the approval of TBS,
"

TEG or Turner

Sports to engage the services of new talent, performers or


Exhib'~~~, ~~-' Page~of~

wrestlers,

as described in the Prince Deposition,

from November

1997 through March 2001 .

10 .

Please produce for inspection and copying any and all

documents reflecting upon requests made by WCW to Turner Group

Services or any other Turner entity to pay any expense of WCW .


11 .

Please produce for inspection and copying any and all

documents that reflect upon or refer to the inter-company


payable owed or accrued by WCW to TBS or any other Turner entity
12 .

Please produce for inspection and copying any and all

documents that reflect any WCW expense paid by TBS or any other
"

Turner entity, as referred to in the Prince Deposition .


13 .

Please produce for inspection and copying any and all

documents supplied to Turner Group Services by WCW reflecting


amounts to be paid to bookers and on-air talent,

including

wrestlers and other performers, as a percentage of merchandising


and/or licensing revenues paid to WCW or to one of the Turner
entities,
14 .

as referred to in the Prince Deposition .


Please produce

for inspection and copying the TBS or

other Turner entity's accounting policies and procedures that


were given to Greg Prince to follow as the Controller of WCW .

"

This Lw day of May,

2002 .

-s-

ExhibRN
Page-a-of,Lk-

Cary Ichter

Georgia Bar No . 382515


Charles J . Gernazian
Georgia Bar No . 291703
Kelly Jean Beard
Georgia Bar No . 044380
Michelle M . Rothenberg-Williams
Georgia Bar No . 615680
MEADOWS ICHTER & BOWERS, P .C .
Eight Piedmont Center, Suite 300
3525 Piedmont Road
Atlanta, GA
30305
(404) 261-6020
Attorneys for Plaintiff

"
-9-

Exhib' A
Page~ ~

"

CERTIFICATE OF SERVICE
This
opposing

is

to

certify

counsel

PLAINTIFFS'

to

REQUEST

that

this

FOR

in

the

United

have

action

PRODUCTION

PARTY TURNER BROADCASTING SYSTEM,


same

States

Mail

with
OF

INC .
in

this

date

the

seared

foregoing

DOCUMENTS

TO

NON-

by placing a copy of
a

properly

addressed

envelope with adequate postage thereon addressed to :

James Lambreth, Esq .


Evan Pontz, Esq .
Eric Richardson, Esq .
Troutman Sanders LLP
Suite 5200, Bank of America Plaza
600 Peachtree Street, N .E .
Atlanta, Georgia
30308-22165
This ~ day of May,

2002 .

AO w ~

Michelle Rothenberg-Williams

Exhib'
Page

ofd,

IN THE UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
KAZUO ONOO,
Plaintiff,

v.

WORLD CHAMPIONSHIP WRESTLING,


and TURNER SPORTS, INC .,

INC .,)
)

Defendants .

CIVIL ACTION FILE


N0 .

1 :00-CV-0368-CC

CERTIFICATE OF SERVICE
I

hereby certify

that I have this day served a copy of

DEFENDANT UNIVERSAL WRESTLING CORPORATION AND TURNER SPORTS,


INC . 'S SUR-REPLY TO PLAINTIFF'S MOTION TO AMEND COMPLAINT TO ADD
TURNER BROADCASTING SYSTEM,

INC . AS

upon the

interested parties by depositing a copy of same in the U .S .


Mail,

properly addressed with adequate postage,

1000551 ooc

-11-

to :

Cary Ichter
Kelly Jean Beard
Charles Gernazian
Michelle M . Rothenberg-Williams
MEADOWS, ICHTER AND BOWERS, P,C .
Eight Piedmont Center, Suite 300
3525 Piedmont Road

Atlanta, GA

30305

This /-7'= day of June, 2002 .

ERIC A . RICHARDSON
Georgia Bar No . 233873
TROUTMAN SANDERS LLP
Bank of America Plaza
600 Peachtree Street, N .E .
Suite 5200

Atlanta, GA 30308-2216
(904) 885-3000

1005055i .ooc

-12-