CBS Broadcasting Inc v. American Broadcasting Companies Inc et al

Filing 6

EX PARTE APPLICATION to Expedite Discovery Deadlines filed by plaintiff CBS Broadcasting Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Proposed Order)(Kapur, Theane)

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SCOTT A. EDELMAN, SBN 116927
[e-mail]
MICHAEL W. SEITZ, SBN 271136
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
2029 Century Park East
Los Angeles, CA 90067-3026
Telephone: [phone]
Facsimile: 310.551.8741
THEANE EVANGELIS KAPUR, SBN 243570
[e-mail]
BLAINE H. EVANSON, SBN 254338
[e-mail]
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: [phone]
Facsimile: 213.229.7520
Attorneys for Plaintiff,
CBS BROADCASTING INC.
UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION
Plaintiff,
v.
American Broadcasting Companies, et
al.

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PROPOUNDING PARTY:

CBS Broadcasting Inc.

RESPONDING PARY:

American Broadcasting Companies, Inc., The Walt
Disney Company, Disney Enterprises, Inc., ABC,
INC., dba Disney/ABC Television Group, Keep Calm

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and Carry On Productions, Inc., Corie Henson,

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Gibson, Dunn &
Crutcher LLP

CBS’S FIRST SET OF REQUESTS
FOR PRODUCTION OF
DOCUMENTS

Defendant.

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CASE NO. 2:12-CV-04073 MMM
(JEMx)

CBS Broadcasting Inc.,

Michael O’Sullivan, Kenny Rosen
SET NUMBER:

ONE (1)

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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Plaintiff CBS Broadcasting Inc. (“CBS”) hereby requests, pursuant to the

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expedited discovery order issued by the above-titled court, that Defendants American

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Broadcasting Companies, Inc., The Walt Disney Company, Disney Enterprises, Inc.,

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ABC, INC., dba Disney/ABC Television Group, Keep Calm and Carry On

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Productions, Inc., Corie Henson, Michael O’Sullivan, and Kenny Rosen (together and

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separately “Defendant(s)”) produce the following documents and tangible things in

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their possession, custody or control. Defendants must answer, fully, in writing by May

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18, 2012. The written responses and documents shall be produced for inspection and

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copying at the offices of Gibson, Dunn & Crutcher LLP, 333 South Grand Avenue,

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Floor 47, Los Angeles, California 90071, on or before May 18, 2012 at 5:00 p.m.

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DEFINITIONS
1.

“ANYONE ACTING ON YOUR BEHALF” means and includes YOUR

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employees, servants, agents, representatives, insurance companies, attorneys,

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accountants, investigators, assigns, advisors, any predecessors or successors-in-

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interest, or any other PERSON acting or purporting to act on YOUR behalf, whether

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directly or indirectly, or on behalf of ANYONE ACTING ON YOUR BEHALF.

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2.

“BIG BROTHER” means the television series entitled Big Brother

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developed by Endemol USA, Inc. and CBS Broadcasting Inc. and airing on the CBS

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Television Network. “BIG BROTHER” also includes all seasons or cycles of the

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series and all aspects of production, filming, scripting, writing, planning, promotion,

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preparations, and hiring for Big Brother, including those RELATED TO the internet or

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other media.

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3.

“COMMUNICATION” means any and all communications, whether oral,

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written, telephonic, electronic (electronic e-mail, text messages, instant messages, or

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voicemail), or implied in fact (i.e., nonverbal).

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4.

“DOCUMENT(S)” includes, without limitation, any “documents” as that

term is defined in Federal Rule of Civil Procedure 34(a), and any “writing” as that

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Crutcher LLP

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term is defined in Federal Rule of Evidence 1001. “DOCUMENT” also includes all

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originals (or copies if the originals are not in the possession of Defendants,

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Defendants’ attorneys, agents or other representatives) and non-identical copies

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(whether by reasons of alterations or of marginal notes) of correspondence,

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memoranda, reports, records, notes, written statements, letters, telegrams, studies,

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messages, analyses, invoices, bills, comparisons, books, magazines, newspapers,

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booklets, tapes, audio recordings, video recordings, diaries, logs, calendars, circulars,

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bulletins, notices, instructions, minutes, questionnaires, surveys, charts, graphs and

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other communications or records and drafts of any of the foregoing. “DOCUMENT”

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also includes data maintained in computerized form, including electronic mail, text

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messages, instant messages, or postings on Facebook, Twitter, or other social media

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sites, including those maintained on backup tapes or other electronic storage media.

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Any comment or notation appearing on any DOCUMENT, and not a part of the

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original text, is considered a separate DOCUMENT, and any draft or preliminary form

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of any DOCUMENT is also considered a separate DOCUMENT.

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5.

“GLASS HOUSE” means the television project currently being developed

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by Defendants called “Life in a Glass House,” including any iterations of the project if

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and when it was called something different than “Life in a Glass House,” and all

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aspects of development, pre-production, production, filming, scripting, writing,

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planning, promotion, preparations, and hiring for the project, including those

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RELATED TO the internet or other media.

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6.

“PERSON” means and includes a natural person or persons, a group of

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persons acting as individuals, a group of natural persons acting in collegial capacity

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(i.e., as a committee, board of directors, etc.), an association, corporation, partnership,

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joint venture, and any other incorporated or unincorporated business, enterprise, or

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entity unless otherwise limited herein.

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7.

“RELATE TO,” “RELATED TO,” “RELATING TO,”

“CONCERNING,” and “REFLECTING” mean in relation to, related to, consisting of,

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Crutcher LLP

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referring to, reflecting, concerning, discussing, describing, evidencing, interpreting,

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constituting, commenting on, supporting, contradicting and/or having any logical or

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factual connection with the matters identified, in whole or in part.

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8.

“YOU” and “YOUR” refer to Defendants and ANYONE ACTING ON

YOUR BEHALF.

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INSTRUCTIONS
1.

This demand requires you to produce copies of all DOCUMENTS

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requested that are in YOUR actual or constructive possession, custody, or control of

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YOUR attorneys, accountants, representatives, consultants, agents, advisors,

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employees, or anyone else acting on YOUR behalf.
2.

YOUR written response to this demand must respond separately to each

numbered demand for inspection below with one of the following:

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a)

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as requested;

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b)

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A statement that YOU lack the ability to comply with the particular
demand; or

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A statement that inspection and related activities will be permitted

c)
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Any objection to a particular demand. Fed. R. Civ. P. 34(b).

If YOUR response to a particular demand is a statement that YOU will

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comply with that demand, YOU must state in YOUR response whether the production

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will be allowed in whole or in part, and YOU must state that all documents or things in

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the demanded category that are in YOUR possession, custody or control and to which

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no objection is being made will be included in the production.

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4.

YOU should respond to this demand on the basis of all DOCUMENTS in

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YOUR possession, custody or control, or in the possession, custody or control of

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YOUR former or current employees, agents, servants, officers, directors,

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representatives, attorneys, accountants, bankers, brokers, consultants, investigators,

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affiliates, and anyone else ACTING ON YOUR BEHALF or under YOUR direction or

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control.

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Crutcher LLP

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5.

If YOUR response to a particular demand is an objection, you must set

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forth in YOUR response the extent of, and specific grounds for, the objection. If the

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objection is made to a part of an item or category, the objectionable part shall be

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specified and inspection permitted of the remaining parts.

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6.

If YOU withhold any DOCUMENT from production on the basis of a

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claim of attorney-client or any other privilege or on the basis of the attorney work

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product doctrine, or for any other reason, YOU are required to identify all such

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DOCUMENTS by listing (i) the date of each DOCUMENT; (ii) its title (if any);

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(iii) the name and address of its author; (iv) the sender and each recipient; (v) the name

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and address of each PERSON who has custody of the DOCUMENT (or any copy

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thereof); and (vi) the basis for YOUR claim of privilege.

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This demand requires the production of DOCUMENTS as they are kept in

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the usual course of business. The titles, labels or other containers are to be left intact.

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This demand requires that you identify the source for each DOCUMENT produced.

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8.

The singular of any term includes the plural, and the disjunctive shall

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include the conjunctive, and vice versa. Construe the terms “and” and “or” as used in

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this document conjunctively and disjunctively so as to produce the broadest scope of

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documents pursuant to each demand. Additionally, the use of any tense shall be

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construed to include all tenses, wherever appropriate, to bring within their scope any

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documents or information which might otherwise be construed to be outside their

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scope.

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9.

YOU have a continuing obligation to supplement YOUR responses after

the date of production noted herein.

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DOCUMENTS TO BE PRODUCED
REQUEST NO. 1
All DOCUMENTS, including but not limited to emails, text messages, instant

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messages, and communications on Facebook, Twitter, or other social media sites,

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CONCERNING GLASS HOUSE, including but not limited to:

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Crutcher LLP

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a.

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All DOCUMENTS CONCERNING the development, production,
filming, or format of GLASS HOUSE;

b.

All series bibles, series and episode outlines, dailies, story training

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manuals, master control room manuals, competition pitches, format

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pitches, and other DOCUMENTS REFLECTING the format,

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content, production methods, story-producing methods, or filming

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methods for GLASS HOUSE;

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c.

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GLASS HOUSE;
d.

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All DOCUMENTS RELATED to storyline or twist elements for
All DOCUMENTS related to the technical set-up and design of the
house featured on GLASS HOUSE;

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All DOCUMENTS related to audience participation, interactive

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elements, or the deployment of cutting-edge technologies on

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GLASS HOUSE; and

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f.

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All DOCUMENTS RELATED TO the hiring of PERSONS to
work on GLASS HOUSE.

REQUEST NO. 2
All DOCUMENTS, including but not limited to emails, text messages, instant

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messages, and communications on Facebook, Twitter, or other social media sites,

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RELATING TO the planning, production, or development of a television show similar

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to BIG BROTHER.

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REQUEST NO. 3

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All DOCUMENTS, including but not limited to emails, text messages, instant

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messages, and communications on Facebook, Twitter, or other social media sites, from

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January 1, 2009 to present RELATING TO BIG BROTHER.

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REQUEST NO. 4

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All DOCUMENTS, including but not limited to emails, text messages, instant
messages, and communications on Facebook, Twitter, or other social media sites,

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Crutcher LLP

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RELATING TO COMMUNICATIONS between any PERSON affiliated with GLASS

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HOUSE and Defendants Corie Henson, Michael O’Sullivan, or Kenny Rosen.

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REQUEST NO. 5

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All DOCUMENTS, including but not limited to emails, text messages, instant

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messages, and communications on Facebook, Twitter, or other social media sites,

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RELATING TO COMMUNICATIONS between anyone affiliated with GLASS

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HOUSE and James MacNab, Max Poris, Mark Bettencort, Danny Schrader, Adam

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Sheldon, Tony Gonzales, Gary Nowers, Kevin Faust, Healther Bennett, Tony Kalatzis,

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Mark Gonzales, Roy Walker, Martin Mourino, David Vanacore, Kevin Benson, or Joe

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Kroll.

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REQUEST NO. 6

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All DOCUMENTS, including but not limited to emails, text messages, instant

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messages, and communications on Facebook, Twitter, or other social media sites,

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RELATING TO COMMUNICATIONS between or among Corie Henson, Michael

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O’Sullivan, or Kenny Rosen, James MacNab, Max Poris, Mark Bettencort, Danny

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Schrader, Adam Sheldon, Tony Gonzales, Gary Nowers, Kevin Faust, Healther

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Bennett, Tony Kalatzis, Mark Gonzales, Roy Walker, Martin Mourino, David

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Vanacore, Kevin Benson, and/ or Joe Kroll CONCERNING BIG BROTHER.

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Dated: May 14, 2004

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SCOTT A. EDELMAN
THEANE EVANGELIS KAPUR
BLAINE H. EVANSON
MICHAEL W. SEITZ
GIBSON, DUNN & CRUTCHER LLP

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By:

Scott A. Edelman

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Attorneys for CBS Broadcasting Inc.
101287546.5

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Gibson, Dunn &
Crutcher LLP

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