074 Objections & Responses by Defendant TB To Subpoena

D. C. 1. .!-.: .
:
THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
~/
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Liz
G f:~
Walker v . World Championship Wrestling, Inc ., Turner '

PrUty C;~.rk
Sports, Inc . , Civ . File No . 1 :OC-CV-0367-CC
r
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
Easte rling v . World Championship Wrestling, Inc . and Turner
Davis v . World Championship Wrestling, Inc . and Turner
Worthen v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . File No . 1 :00-CV-1717-C
Speight v . World Championship Wrestling, Inc . and Turner
Saengsiphan v . World Championship Wrestling, Inc . and
Turner Sports, Inc . , Civ . File No . 1 :00-CV-1719-CC
Reeves v . World Championship Wrestling, Inc . and Turner
Patte rson v . World Championship Wrestling, Inc ., Turner
Sports, Inc . and Turner Entertainment Group, Inc . ,
Civ . File No . 1 :01-CV-1152-CC
TURNER BROADCASTING SYSTEM, INC .'S
OBJECTIONS AND RESPONSES TO SUBPOENA
Pursuant to Rule 45 of
Procedure,
the Federal
Turner Broadcasting System,
Rules of Civil
Inc .
("TBS")
hereby
objects and responds to the subpoena served upon TBS by

Plaintiffs
on or about May 16, 2002
("Subpoena")
as
follows :
GENERAL OBJECTIONS
TES hereby adopts and incorporates by reference the
following General Objections into each of its specific responses

to the requests contained in the Subpoena .
By further
q4-
c
responding to any of the requests,
TBS does not waive any of
the
following General Objections .
1.
TBS objects to the Subpoena on
the grounds that
it
is
substantively identical to Plaintiffs' Consolidated Sixth

Request for Production of Documents
Championship Wrestling,
served on Defendants
extent that
can be
Inc .
in the
to
Defendants World
and Turner Sports,
Inc .,
which was
above-referenced actions .
To the
the documents and information sought by the Subpoena
obtained
requests made
from Defendants and/or other sources,
to TBS,
are duplicative,
which is not a party to this
unduly burdensome,
such
litigation,
harassing and oppressive .
2.
TBS objects to the Subpoena to the extent that it
purports
to require the production of documents which are not in TBS'
possession, custody or control .

3.
TBS objects
on the grounds
to the Subpoena
that
it
is
overbroad and seeks information which is neither relevant
nor
reasonably calculated to lead to the discovery of admissible

evidence .
f
4.
TBS
to the
objects
Subpoena to the extent
that it
seeks
documents and information which constitute, contain or refer to

trade secrets or other confidential or proprietary business or
commercial information of TBS .
TBS objects to producing any
documents or information without a protective order that

protects
the confidentiality of any
information produced .
5.
TBS objects
to the Subpoena
to the extent that
information and documents which
(a)
anticipation of litigation ;
constitute attorney work
product ;
(c)
(b)
were prepared
it seeks
for or in
constitute or contain privileged attorney/client
communications ;
or
(d)
are otherwise protected from disclosure .
6.
TBS
reserves
the
right
to supplement,
amend,
correct or
clarify its objections and responses to the Subpoena .

OBJECTIONS AND RESPONSES TO SPECIFIC REQUESTS
Subject
to and without waiving the
foregoing General
Objections, TBS responds and objects to the specific requests

contained in the Subpoena as
Request No .
follows :
1 :
Please produce for inspection and copying all monthly and

annual financial statements of WCW, Turner Entertainment Group,
Inc . ("TEG"), and Turner Sports created by or on behalf of any

of those entities since January 1, 1995 .
Response to Request No .
1 :
In addition to its General Objections,

objects to Request No .
identical to a
Sixth Request
TBS specifically
1 on the grounds that it
request contained in Plaintiffs'

for
Consolidated
Production which was served on Defendants
the above-referenced actions,

unduly burdensome,
is substantively
and is
therefore duplicative,
harassing and oppressive as to TBS .
further objects to Request No .
in
1 on the grounds that
o-oerbroad and seeks information which
it
TBS
is
is neither relevant
reasonably calculated to lead to the discovery of
nor
admissible
evidence .
Request No .
2:
Please produce for inspection and copying all indexes

created by or on behalf of WCW since January 1, 2001, reflecting
upon or referring to documents WCW has placed in storage since
that date .
2 :
In addition to its General Objections, TBS specifically

identical to a
Sixth Request
2 on the grounds that it
request contained in
fox
Plaintiffs'
is
substantively
Consolidated
Production which was served on Defendants
and is therefore duplicative,
unduly burdensome, harassing and oppressive as to TBS .

4
TBS
in
c
further objects
to Request No .
overbroad and seeks
on the grounds that
it
is
information which is neither relevant nor

evidence .
Request No .
3:
Please produce for inspection. and copying any and all

emails 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 summary income
statements with narrative discussions of monthly financial
performance by WCW from November 1597 through March 2001 .
3:

identical to a
TBS specifically
3 on the grounds that it is
Sixth Request for Production which was

unduly burdensome,
substantively
Consolidated
served on Defendants in
TBS
nor

evidence .
Request No .
4 :
Please produce for inspection and copying any and all

budgets and drafts of budgets prepared by WCW, TBS, TEG and
Turner Sports for WCW from 1995 through 2001 .
4 :

objects to Request
identical
to a
No .
on
the grounds that
above-referenced actions,
unduly burdensome,
is
substantively
Consolidated
in
on the grounds that it
incapable of reasonable ascertainment
Sales ."
specifically
or assumes
it
Sixth Request for Production which was

the
TBS
to
the extent
TBS
is
it implies
that there exists an entity by the name of "Turner Ad
TBS
on
the grounds
that it is overbroad and seeks information which is neither

relevant nor reasonably calculated to lead to the discovery of
admissible evidence .
Request No .
5:
Please produce for inspection and copying any

monthly revenue allocation documents, as described
Deposition, for allocations of revenue received by
Sales for advertisements placed in connection with
programming .
and all
in the Prince
Turner Ad
WCW
5 :
TBS specifically
objects to Request No . 5 on the grounds that it is substantively

identical to a request contained in Plaintiffs' Consolidated
f
Sixth Request
for Production which was served on Defendants in
the above-referenced actions, and is

unduly burdensome,
harassing and oppressive as
to TBS .
TBS
it is

reasonably calculated to lead to
nor
the discovery of admissible
evidence .
Request No .
6:

monthly expense allocation documents, as described in the Prince
Deposition, for allocations of expenses of Turner Sports, TEG,
Turner Studios, Turner Ad Sales, Turner Home Satellite, and
Turner Network Sales to WCW .
6 :

identical
Sixth
TBS specifically
it
to a request contained in Plaintiffs'
is
substantively
Consolidated
Request for Production which was served on Defendants in

unduly burdensome,
and is
to TBS .
it
TBS
is
overbroad and seeks information which is neither relevant nor

evidence .
Request No .
7 :
Please produce for inspection and copying any and all bank
records of WCW reflecting the amount of funds "swept" from WCW's
depository bank account by Turner Sports, Turner Group Services
or any other Turner entity from 1995 through March 31, 2001 .
7 :

on the grounds
that
TBS
it
identical to a request contained in Plaintiffs'

Sixth Request
for Production which was

unduly burdensome,
further objects
specifically
is
substantively
Consolidated
to Request No .
overbroad and seeks
in
on the grounds
that
it
TBS
is
information which is neither relevant nor
reasonably calculated to
lead to the discovery of admissible
evidence .
Request No .
8:

documents that reflect upon revenues collected by Turner Ad
Sales for advertisements sold by Turner Ad Sales in connection
with WCW programming .
8 :
TBS specifically
objects to Request No . 8 on the grounds that it is substantively

identical to a request contained in Plaintiffs' Consolidated
Sixth Request
for
Production which was
served on Defendants in

unduly burdensome,
to TBS .
on the grounds that
overbroad and seeks information which is neither
TBS
it is
relevant nor

evidence .
Request No .
9 :

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
wrestlers, as described in the Prince Deposition, from November
1997 through March 2001 .
9 :

objects
to Request No .
identical
9 on the grounds
that
TBS
it
to a request contained in Plaintiffs'
Sixth Request
specifically
is substantively
Consolidated
for Production which was served on Defendants

unduly burdensome,
in
to TBS .
TBS
overbroad and seeks information which is neither relevant nor

evidence .
Request No .
10 :

documents reflecting upon requests made by WCW to Turner Group
Services or any other Turner entity to pay any expenses of wCW .
10 :

substantively identical
TBS specifically
it is
to a request contained in
Plaintiffs'
Consolidated Sixth Request for Production which was served on

Defendants
in the above-referenced actions,
duplicative,
unduly burdensome,
and
is
therefore
harassing and oppressive as to
TBS .
TBS further objects to Request No .
it is
nor reasonably calculated to lead to the discovery of admissible
evidence .
Request No .
11 :

documents that reflect upon or refer to the inter-company
payable owed or accrued by WCW to TBS or any other Turner
entity .
11 :

11 on the grounds
substantively identical to a request

Consolidated Sixth Request
Defendants
TBS specifically
that
it
is
contained in Plaintiffs'
for Production which was served on
10
and is therefore
c
duplicative,
TBS .
it
unduly burdensome,
to
is overbroad and seeks information which is neither relevant

evidence .
Request No .
12 :

documents that reflect any WCW expense paid by TBS or any other
Turner entity, as referred to in the Prince Deposition .
In addition to
12 :
its General Objections,
12 on the grounds
TBS
specifically
that it
substantively identical to a request contained
is
in Plaintiffs'
Consolidated Sixth Request for Production which was served on

Defendants
duplicative,
TBS .
it
TBS
unduly burdensome,
further objects
is overbroad and seeks
and is therefore
harassing and oppressive as to
to Request No .
12
on the grounds
that
information which is neither relevant
nor reasonably calculated to
lead to the discovery of
admissible
evidence .
Request No .
13 :

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
11
and/or licensing revenues paid to WCW or to one of the Turner

entities, as referred to in the Prince Deposition .
13 :
TBS specifically
objects to Request No . 13 on the grounds that it is

substantively identical
to a request contained in

Defendants
TBS .
it
TBS
for Production which was served on
duplicative,
Plaintiffs'
and is
therefore
unduly burdensome, harassing and oppressive as to
is overbroad and seeks
13
on the grounds that
information which is neither relevant

evidence .
Request No .
14 :
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 .
14 :

objects
to Request No .
14 on the grounds
TBS specifically
that it
is
substantively identical to a request contained in Plaintiffs'

Defendants
for Production which was
duplicative,
served on
and is therefore
unduly burdensome, harassing and oppressive as to
12
TBS .
TBS
14
on the grounds
it is
that

evidence .
that
it
14 on the grounds
seeks documents and information which constitute,
contain or
refer
to confidential or proprietary business or
commercial
information of TBS .
13
This
30th day of May,
2002 .
30
John
J.
Dalton
Georgia Bar No . 203700

James A .
Georgia
Eric A .
Georgia
Evan H .
Georgia
Lamberth
Bar No . 431851
Richardson
Bar No . 233873
Pontz
Bar No . 583577
Counsel for
Turner Broadcasting System,
TROUTMAN SANDERS LLP
5200 Bank of America Plaza
600 Peachtree Street, N .E .
Atlanta, Georgia
30308-2216
(904) 885-3000
14
Inc .
l
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
Walker v . World Championship Wrestling, Inc ., Turner
Sport s, Inc . , Civ . File No . 1 :00-CV-0367-CC
Onoo v . World Championship Wrestling, Inc ., Turner Sports,
Inc . , Civ . File No . 1 :00-CV-0368-CC
Norris v . Wo rld Championship Wrest ling Inc ., Turner
Easterling v . World Championship Wrestling, Inc . and Turner
Sports, Inc . , Civ . File No . 1-00-CV-1715-CC
Davis v . World Championship Wrestling, Inc . and Turner
W orthen v . World Championship Wrestli ng, Inc . and Turner
Sports, Inc . , Civ . File No . i-00-CV-1717-CC
S peight v . World ChamQionsh ip Wrestling, Inc . and Turner
Spo rts, Inc . , Civ . File No . 1-00-CV-1718-CC
Saengsipha n v . World Championship Wrestling, Inc . and
Turner Sports, Inc . , Civ, File No . 1-00-CV-1719-CC
R eeves v . World Championship Wrestling, Inc . and Turner
CERTIFICATE OF SERVICE
I hereby certify that
TURNER BROADCASTING SYSTEM,
have this day served a copy of

INC . 'S OBJECTIONS AND RESPONSES TO
SUBPOENA upon the interested parties by depositing a

same in the U .S .
Mail,
properly addressed with adequate postage,
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,
999165 I .DOC
copy of
GA
30305
This 30th day of May,
2002 .
Eric A .
TROUTMAN SANDERS LLP

5200 Bank of America Plaza
600 Peachtree Street, N .E .
Atlanta, Georgia
30308-2216
(409) 885-3000
999465 LDOC
Richardson

074 Objections & Responses by Defendant TB To Subpoena

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074 Objections & Responses by Defendant TB To Subpoena

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D. C. 1. .!-.: .

Walker v . World Championship Wrestling, Inc ., Turner '

Turner Broadcasting System,

objects and responds to the subpoena served upon TBS by

on or about May 16, 2002

following General Objections into each of its specific responses

TBS does not waive any of

following General Objections .

the grounds that

substantively identical to Plaintiffs' Consolidated Sixth

and Turner Sports,

the documents and information sought by the Subpoena

from Defendants and/or other sources,

which is not a party to this

harassing and oppressive .

to require the production of documents which are not in TBS'

possession, custody or control .

overbroad and seeks information which is neither relevant

reasonably calculated to lead to the discovery of admissible

Subpoena to the extent

documents and information which constitute, contain or refer to

TBS objects to producing any

documents or information without a protective order that

the confidentiality of any

to the extent that

information and documents which

constitute attorney work

constitute or contain privileged attorney/client

are otherwise protected from disclosure .

clarify its objections and responses to the Subpoena .

to and without waiving the

Objections, TBS responds and objects to the specific requests

Please produce for inspection and copying all monthly and

Inc . ("TEG"), and Turner Sports created by or on behalf of any

In addition to its General Objections,

1 on the grounds that it

request contained in Plaintiffs'

Production which was served on Defendants

the above-referenced actions,

harassing and oppressive as to TBS .

further objects to Request No .

1 on the grounds that

o-oerbroad and seeks information which

reasonably calculated to lead to the discovery of

Please produce for inspection and copying all indexes

In addition to its General Objections, TBS specifically

2 on the grounds that it

Production which was served on Defendants

the above-referenced actions,

and is therefore duplicative,

unduly burdensome, harassing and oppressive as to TBS .

overbroad and seeks

on the grounds that

information which is neither relevant nor

reasonably calculated to lead to the discovery of admissible

Please produce for inspection. and copying any and all

In addition to its General Objections,

3 on the grounds that it is

request contained in Plaintiffs'

Sixth Request for Production which was

and is therefore duplicative,

harassing and oppressive as to TBS .

further objects to Request No .