Black And White Entertainment, Inc. v. Marvel Entertainment, LLC

Filing 72

ORDER FOR ADDITIONAL DISCOVERY: IT IS HEREBY ORDERED that, on or before January 26, 2022, Plaintiff and its counsel, Schwartz, Ponterio & Levenson, PLLC ("Schwartz Ponteiro"), shall provide to the Court any and all communications between Plaintiff and Schwartz Ponteiro discussing, referencing or otherwise concerning: (i) the alleged Agreement; (ii) Plaintiff's deposition testimony concerning the alleged Agreement; and/or (iii) Plaintiff's recanting of such testimony in t he Declaration, for the Court's in camera review to determine whether such communications shall be produced to Defendants pursuant to the crime-fraud exception; IT IS FURTHER ORDERED that, on or before January 26, 2022, Schwartz Ponteiro shall produce to Defendants any and all communications with any non-parties to this action (excluding agents of Plaintiff and/or Schwartz Ponteiro) that discuss, reference or otherwise concern: (i) the ownership, use and/or exploitation of the Recordin g; and/or (ii) the alleged Agreement; IT IS FURTHER ORDERED that the deposition of Marion Mouton shall be permitted to proceed on January 16, 23 or 30, or any other day in January 2022 upon which the parties agree; IT IS FURTHER ORDERED that the Stu dio Defendants are hereby granted leave to serve document and deposition subpoenason non-party Kittrick Redmond by Federal Express (or similar courier service) and email to the mailing and email addresses identified in Plaintiff's initi al disclosures, and service shall be deemed completed upon the filing of proof of service attesting to same; IT IS FURTHER ORDERED that Plaintiff shall produce its principal Albert Keys, Jr. for Plaintiff's continued deposition, to take place by video in February 2022 on a date to be agreed upon by the parties, for a total of four (4) hours as measured by the time on the deposition transcript. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/7/2022) (tg)

Case 1:20-cv-08384-JPO Document 72 Filed 01/07/22 Page 1 of 3

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------BLACK AND WHITE ENTERTAINMENT, INC.,
d/b/a “RAH MUZIC” & “RAH RECORDS,”
Plaintiff,
-againstMARVEL ENTERTAINMENT, LLC; COLUMBIA
PICTURES INDUSTRIES, INC.; SONY
PICTURES ENTERTAINMENT INC.; SONY
PICTURES RELEASING CORPORATION; SONY
PICTURES HOME ENTERTAINMENT INC., and
TENCENT PICTURES (USA) LLC; CHARLES K.
WILLIAMS professionally known as, “KEAK DA
SNEAK”; and SULTAN BANKS, professionally
known as “TRAXAMILLION”,
Defendants.
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ORDER FOR ADDITIONAL DISCOVERY
WHEREAS, Defendants Sony Pictures Entertainment Inc., Sony Pictures Releasing
Corporation, Sony Pictures Home Entertainment Inc., Columbia Pictures Industries, Inc. and
Marvel Entertainment, LLC (collectively, the “Studio Defendants”), have requested further
discovery relating to Plaintiff Black and White Entertainment, Inc.’s claim of copyright ownership
of the sound recording titled Super Hyphy at issue in this action (the “Recording”) and the alleged
agreement between Plaintiff and Defendant Charles K. Williams by which Plaintiff claims to have
acquired such copyright ownership (the “Agreement”);
WHEREAS, Plaintiff has submitted a declaration from its principal Albert Keys, Jr. (the
“Declaration”) attesting that he created the version of the alleged Agreement produced in this
action using a different agreement and to having provided false testimony concerning the alleged
Agreement at Plaintiff’s Rule 30(b)(6) deposition;

Case 1:20-cv-08384-JPO Document 72 Filed 01/07/22 Page 2 of 3

NOW, on consideration of the materials submitted by the Studio Defendants in regards to
the foregoing, and the entire record of this case;
IT IS HEREBY ORDERED that, on or before January 26, 2022, Plaintiff and its counsel,
Schwartz, Ponterio & Levenson, PLLC (“Schwartz Ponteiro”), shall provide to the Court any and
all communications between Plaintiff and Schwartz Ponteiro discussing, referencing or otherwise
concerning: (i) the alleged Agreement; (ii) Plaintiff’s deposition testimony concerning the alleged
Agreement; and/or (iii) Plaintiff’s recanting of such testimony in the Declaration, for the Court’s
in camera review to determine whether such communications shall be produced to Defendants
pursuant to the crime-fraud exception;
IT IS FURTHER ORDERED that, on or before January 26, 2022, Schwartz Ponteiro shall
produce to Defendants any and all communications with any non-parties to this action (excluding
agents of Plaintiff and/or Schwartz Ponteiro) that discuss, reference or otherwise concern: (i) the
ownership, use and/or exploitation of the Recording; and/or (ii) the alleged Agreement;
IT IS FURTHER ORDERED that the deposition of Marion Mouton shall be permitted to
proceed on January 16, 23 or 30, or any other day in January 2022 upon which the parties agree;
IT IS FURTHER ORDERED that the Studio Defendants are hereby granted leave to serve
document and deposition subpoenas on non-party Kittrick Redmond by Federal Express (or similar
courier service) and email to the mailing and email addresses identified in Plaintiff’s initial
disclosures, and service shall be deemed completed upon the filing of proof of service attesting to
same;
IT IS FURTHER ORDERED that Plaintiff shall produce its principal Albert Keys, Jr. for
Plaintiff’s continued deposition, to take place by video in February 2022 on a date to be agreed

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Case 1:20-cv-08384-JPO Document 72 Filed 01/07/22 Page 3 of 3

upon by the parties, for a total of four (4) hours as measured by the time on the deposition
transcript.
SO ORDERED.

HON. J. PAUL OETKEN
United States District Judge
Dated: January 7, 2022
New York, New York

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