Andrew Defrancis Declaration: Exhibit A-E

8/2/2019 Andrew Defrancis Declaration: Exhibit A-E

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EXHIBIT A TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT A TODECLARATION OF ANDREW W. DEFRANCIS

Case 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 1 of 52 Page ID #:384


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NZK PRO DUCTIONS INC, aCalifornia corporation and H ORIZONALTERNA TIVE TEL EVISIO N INC. , aDelaware corporation,Plaintiffs,

V.

STEPHE N CAR BONE , an individual ,REA LITY STEV E, LLC, a Texasl im ited l iabil ity corporation, and DOE S1 through 10, m clusive,

Defendants .

FILED

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CA L DW E L LLESLIE &P R O C T O R _

Facs im ile: ( 13) 629-9022Los Ang e les Cal iforn ia 90017 -2463Telephone: g213) 629-9040

LINDA M . BURRO W , Stat e Ba r No . 194668DNA W ONG , Sta te Bar No . 250214

CALD W ELL LESLIE & PROCTOR, PC

1000hire Bou levard, Suite 600w onwel l-eslie.comburrow caldwell -eslie.com . CLE RK U. S . D; ', 1CE NT R AL D'ST OF CALIF.2 C I I D E C - 6 p n 3:39LOS A tiC,'LLL',Attorneys for Plaintiffs NZKPRODUC TIONS INC. , and HO RIZONALTERNA TIVE TELEVISIO N INC.U N I T E D S T A T E S D I S T R IC T C O U R TC E N T R A L D I S T R IC T O F C A L I F O R N I A , W E S T E R N D I V I S IO N

c a s e C V 1 1 1 0 1 1 8 -64(C O M P L A I N T FO R :6 )(1 ) INTENTIO NALIN TER FER EN C E W ITHCONTRACTUAL -R E L A T I O N S ; A N D(2) U N F A I R C O M P E T I T IO N ,

CAL. BUS. & PRO F. CO DE 17200 et seq..D E M A N D F O R J U RY T R I A L

COMPLAINTExhibit APage 6



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Plaint i ffs NZ K Produ ct ions Inc. and H orizon Alternative Televis ion Inc.(col lect ively "Plaint i ffs") hereby b ring this Com plaint against Defendan ts StephenCarb one, Reality Steve, LLC , and Do es 1 through 10, inclusive, al leging as fol lows:

P A R T I E S1. NZX Productions Inc. ("NZK") is a California corporation with its

principal place of business in B urban k, Cal i fornia .2. Ho rizon Alternative Televis ion Inc. ("H orizon") is a Delaware

corporation w ith its principal place of business in Burba nk, Ca lifornia.3. Plaint i ffs are informed and bel ieve, and on that basis a l lege , that

Real i ty Steve, LL C is a Texas l imited l iabi li ty corporat ion that ow ns and operates awebsite at www.realitysteve.com that is access ible from Cali fornia and, w ith respectto certain of its content, expressly directed to California residents.

4. Plaint i ffs are informed and bel ieve, and on that basis a l lege , thatDefend ant Stephen Carb one is an individual residing in the state of Texas. Plaintiffsare further inform ed an d believe, and on th at basis allege that, at all t imes relevant,Carb one is and w as a mem ber and an agen t of Real i ty Steve, LLC an d that , in doingthe things al leged herein, Carbo ne w as acting within the course and scope of hisagency and w ith the know ledge, perm ission and consent of Reality Steve, LLC .Carbone and Real i ty Steve, LLC are col lect ively referred to herein as "D efendants".

5. The true nam es and capacities, whether individual , corporate ,partnership, associate , or otherwise, of the Defendan ts nam ed herein as D oes 1-10,inclusive , are present ly unk now n to P laint i f fs , who therefore are suing theseDefend ants by f ict it ious nam es. Plaintiffs wil l amend this Co m plaint to show theirtrue nam es and capa cit ies when the same h ave been ascertained. Plaintiffs al lege oninformation and bel ief that each of these f ict it iously nam ed D efendants isresponsible in som e m anner for the facts al leged herein. Plaintiffs al lege oninformation and b el ief that each of the Defendan ts named herein, Includingh e D o eDefend ants, acted jointly, in concert , and with kno wledge of the actions of each of

t 'rINIPLAINTExhibit APage 7

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the other Defendants; acted as the agent and servant of each and every one of theother Defen dants w ith respect to the actions com plained of herein; acted at all timeswithin the course and scope of said agency ; and that each is equally l iable for theacts al leged below .

JU R ISDIC TION A N D V EN U E6. Diversity of cit izenship exists between Plaintiffs and Defendan ts

pursuan t to 28 U.S.C. 1332 and the ma tter in controversy exceed s; exclusive ofinterest , costs and a ttorneys' fees, $75,000.

7. Ven ue in this district is appropriate pu rsuant to 28 U.S.C. 1391 in thatDefendants purposefully directed their wrongful conduct at Plaintiffs, whomDefend ants know to be residents of this state, and because a substan tial part of theevents giving rise to the causes of action alleged herein arose in this district.

G E N E R A L A L L E G A T I O N S8. NZ K an d H orizon are the producer and d istributor, respectively, of the

highly successful elimination-style reality television shows entitled, "The Bachelor,""The Bachelorette," and "Bachelor Pa d" (collectively the "Ba chelor Series"). Allthree shows air on the ABC network.

9. "The B achelor" debuted in 2002. Each season of T he Bachelorrevolves around a single bachelor and a group of approxim ately 25 women vying forhis affections, al l of whom live together in the same h ouse. Over the cou rse of theseason, the wom en are el iminated in a "rose ceremony." At the end of each season,the bachelor selects a winner w ho receives the f inal rose, and in m any cases, thebachelor proposes marriage to the winning wom an.

10. "The B achelorette" and "Bachelor Pad" are spin-offs of "TheBachelor," and operate on a similar, elimination-style premise.

11. All past, current and future p articipants in the B achelor Series signcontracts with Plaintiffs that require them to ma intain the confidentiality of allevents that transpire on the Ba chelor Series episodes prior their broadcast. Each

-2 - COMPLAINTExhibit APage 8

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m emb er of the Bachelor Series' cast and crew, as well as certain other employees,also s ign contracts with confidentiali ty c lauses that prevent them from divulgingnon-pu blic information about any aspect of the episodes prior to their broadcast.

12. Plaintiffs are informed and believe, and on that basis allege, thatDefendant R eality Steve, LLC owns an d operates the for-profit website atwww.realitysteve.com . This w ebsite, entit led RealitySteve, regularly publishesupdates a nd spoi lers regarding several real ity te levision show s, including primarily ,the Bachelor Series. These upd ates and spoilers include non -public informationregarding ev ents that transpired on the Bachelor Series episodes prior to theirbroadcast.

13. Plaintiffs are informed and believe, and on that basis allege, thatDefendants obtain confidential information abou t the Bachelor Series by contactingand sol ic iting information from participants , cast , crew and/or other em ployees ofthe Bachelor Series and by inducing them to breach their confidential ity obl igationsto Plaintiffs . Defendants engaged in this conduct with full know ledge that Plaintiffsare located in C alifornia and that the effects of Plaintiffs' actions wou ld be feltprima rily within California.

14. Plaintiffs are further inform ed and believe, and on that ba sis allege, thatDefend ants were fully aw are of the confidential ity obligations binding theparticipants , cast, and crew mem bers of the Bachelor Series when they sou ght toinduced them to divulge non-public information about the show in breach of theircontracts.

15. By way of example , in a Novem ber 17 , 2011 ema i l sent [email protected] to a participant in the Bachelor Series, Ca rbone w rote, "Letm e just say, I 'm very w ell awa re of your contract. I also know that over 500contestants have been on this show and not one of them has ever been sued for the$5 mill ion. It 's just a scare tactic. Tru st me. Just l ike they had n o idea you sen t methat last em ail , they'l l have no idea a bout any co rresponden ce either. I know you're

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C A L D W E L LP RO CT O R -OM:PLAINTExhibit A

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scared an d a l i tt le paran oid by i t , but don 't be. Unless they are hack ing your em ailor tapping your phone, there's absolutely no .w ay for them to f ind ou t"

16. In the same em ail, Carbon e went on to offer the part icipant monetaryincent ive to indu ce her to breach h er contract with Plaint i ffs . He wro te, "Since youare a s tudent , and I k now you h ave loans up the y ing-yang, I'd be w i ll ing tocom pensate you . . . . I swear , th i s is the eas iest m oney you'd ever m ake and you andI are the only two people that would know ." A day later , Carbone em ai led thepart icipant and wrote: "$2500 to h e lp m e out . Not joking . Som e of th i s s tuf f isdriving me nuts ha ha."

17. In another em ai l dated N ovemb er 2 , 2011 to a former contestant on theBachelor Series , Carb one w rote , "I 'm aw are you w ere e l iminated at the SF roseceremony, so I probab ly actually know more about wh at 's happened s ince you l eftthan you d o, however , I do have som e blanks that need to be f i ll ed in during theear ly ep isodes . I'm aw are o f your contract , but abso lute ly no one wou ld know ofour conversing."

18. In a message sen t via Faciebook, Ca rbone reach ed out to yet anothercontestant , and w rote, "I'm w el l awa re of your contract and the producers ha veprobably s truck the fear of God into you to never speak w me, but I 'm here to helpyou. Just looking for a cou ple detai ls f il led in, s ince I 'm sure you're aw are, plentyof info is already ou t there that I 've spi lled. Could real ly use you r help, and I 'd bewil l ing to comp ensate you for i t ."

19. Plaint i ffs have dem and ed that Carb one cease his efforts to indu ceBach elor Series part icipants and em ployees to breach their contracts w ith Plaint i ffs .On Au gust 12, 2011, Plaintif fs ' counsel sent a letter to C arbone, form ally notifyinghim tha t all part icipan ts, cast , crew a nd em ployees of the Bach elor Series are subjectto contractual proh ibitions against disclosing confident ial inform ation acquired inthe course of their partic ipation or em ploym ent. On N ovem ber 22, 2011, Plaintif fs 'counsel wrote again to Carbone, informing him that Pla inti ff s have becom e aw are of

-4 - " O MP L A I N TExhibit APage 10

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his intent to po st addit ional confidential inform ation on Real i tySteve.com andadvising him that Plaintiffs wo uld pu rsue legal action against him to protect theirs izeable f inancial investment in the B achelor Series and to sat is fy their ob l igat ion toAB C to provide qual i ty te levis ion program m ing which dep ends, in large part , on thepre-broadcast confidential ity of the contents of each episode.

20. Plaint if fs are informed and bel ieve , and on that basis a l lege , thatDefendan ts continue to seek con fidential information from part ic ipants , cast , crewand other em ployees of the Bachelor Series and, in the course of doing so, continueto sol ic i t and induce part ic ipants and emp loyees of the B achelor Series to breachtheir contractual ob ligations to Plaintiffs.

21. Plaintiffs are further inform ed and believe, and on that b asis allege, thatDefend ants have p ublic ly disclosed and posted confidential, non-pub lic informationthat they obtained from participants, cast, crew an d/or other em ployees of theBachelor Series in violation of their contracts.

F IR S T C A U S E O F A C T I O N( Intent iona l Inter ference w i th Co ntrac tua l R e la tions )

( Aga ins t Al l Defendants )22. Plaintiffs restate and inco rporate by reference their allegations

contained in the preced ing parag raph s of this Com plaint as if fully set forth herein.23. All former and current participants, cast, crew and employees of the

Bachelor Series execute w ritten con tracts with P laint i f fs that include con fidential i typrovis ions proh ibiting the disc losure of non-pu blic inform ation about events thattranspire in episodes of the Ba chelor Series prior to their broadcast.

24. Plaintiffs are inform ed and believe, and on tha t basis allege, that at allrelevant times, Defenda nts were aw are that all participants, cast, crew an dem ployees of the B achelor Series execute contracts with Plaint i ffs that includeconfidentiali ty provisions.

-5 - -1MPLA I NTExhibit APage 11

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25. Nonetheless , Defendants have contacted current and formerpart i cipants , cast , crew an d em ployees and of the Bachelor Ser ies and asked them toprovide confidential , non-public information regard ing events that transpired inepi sodes o f the Bach elor Ser ies pr ior to the ir broadcasts , by , am ong other th ings ,sending emai ls and Facebook m essages to current and form er Bachelor Ser iesparticipants, assuring participants that they need not be concern ed abou t violatingtheir contracts with Plainti ffs as "absolutely no one wo uld know " of theirconversations and offering monetary com pensation as inducem ent for participants toprovide confidential information in breach of their contracts with Plainti ffs.

26. Despite Plainti ffs ' repeated requests , Defendants have continued toinduce part i cipants , cast , crew m em bers and/or o ther emp loyees o f the BachelorSeries to brea ch their con fidentiality obligations to Plainti ffs.

27. As a proximate result of Defendants' conduct, various participant, cast ,crew m emb ers and/or o ther emp loyees have breached the ir conf ident ia li tyobl igat ions to Plaint i f fs by providing Defendants with conf ident ial , non-publicin format ion regarding the B achelor Ser ies epi sodes , which D efendants have p ubl i c lydisclosed and posted on the website at www.real i tysteve.com . As a resu lt of thisconduct , P la inti ff s have suf fered dam ages in an am ount greater than $75,000.

28. The a forement ioned acts o f Defendants , and each of them , were wi l l fu l ,oppr essive, fraudulent, and m alicious. Plainti ffs are therefore enti t led to pun itivedamages .

29. Plainti ffs are inform ed and believe, and on that basis al lege, thatDefend ants intend to continue interfering with Plainti ffs' contracts with pa rticipants,cast , crew m emb ers and other em ployees o f the Bachelor Ser ies in order to obta inand p ublicly disclose confidential information regarding even ts that transpire on theBachelor Series ep i sodes prior to their broadca s t . Defendan ts ' cont inuinginterference with Plainti ffs ' contracts with participants, cast , crew an d otherem ployees of the Bachelor Series would cau se Plaintiffs great and irreparable injury,

-6- r ' O M P L A I N TExhibit APage 12

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for which dam ages would n ot afford adequ ate relief, in that they wou ld notadequately compensate for the injury to Plaintiffs' reputation and goodwill ,including their reputat ion and good wil l with A BC and other te levis ion showdistributors who m ust rely on Plaintiffs to ensure that their show s' contents are not"spoi led" by pre-broadcast disc losure.

S E C O N D C A U S E O F A C T IO N(Unfa ir Com pet i t ion C al . Bu s . & P rof . C ode 17200 e t seq. )

( A g a i n s t A l l De f e n d a n t s )30. Plaintiffs restate and incorporate b y reference their allegations

contained in the preced ing paragrap hs of this Co m plaint as if fully set forth herein.31. Plaint if fs have suffered an injury in fact as a result of the conduct of

each and every Defendant , as a l leged herein.32. The acts of Defendants com plained of in each of the preceding

paragrap hs of this Com plaint, constitute un fair and il legal business acts, practicesand/or om issions in violat ion of C alifornia Bu siness and Pro fessions C ode 17200.

33. The acts of Defend ants are un fair in violation of 17200 in that theyare unscrupulous, immoral, unethical, oppressive and injurious to Plaintiffs.

34. The ac ts of Defend ants are illegal in violation o f 17200 in that theyviolate the com m on law s against interference with con tractual relations, and in thatthe acts a llow for unju st enrichment of Defendants .

35. Plaint i ffs are informed and bel ieve , and on that basis a l lege , thatDefendants intend to continue the aforementioned unfair and il legal conduct in orderto obtain an d p ublic ly disc lose confidential inform ation regarding events thattranspire on the B achelor Series episodes prior to their broadcast Defendants 'continuing interference with Plaint i f fs ' contracts with part ic ipants an d em ployees ofthe Bach elor Series wou ld cause Plaintiffs great and irreparab le injury, for wh ichdam ages would n ot afford adequ ate relief, in that they would n ot adequatelycom pensate for the injury to Plaint i ffs ' reputat ion an d go odw il l, including their

-7- COMPLAINTExhibit APage 13

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reputat ion an d goodw i ll wi th ABC and o ther t e levi s ion show di str ibutors wh o m ustrely on Plaint i ffs to ensure that their shows' contents are n ot "spoi led" by p re-broadca st disclosure.

W HE REF OR E, P la int if f s pray for judgment as fo l lows:1. For dam ages in an am ount to be proven at trial but in any case greater

than $75,000.2. For exem plary and puni t ive dam ages .3. For an order requ ir ing Defendan ts to show cause why they should not

be enjoined as set forth below du ring the pend ency of this act ion.4. For a prel iminary injunct ion and a perm anent injunct ion enjoining

Defenda nts from interfering with P laint i ffs' contracts with part icipants andem ployees of the Bachelor Series episodes by sol ici ting non-pub lic informa tionfrom p art icipants and em ployees regarding events that transpire in Bach elor Seriesepisodes prior to their broadcast and by offering mon etary inducem ents topart icipants and employees to disclose such information.

5 . For an aw ard of attorneys' fees and costs incurred as perm itted byappl icable law.

6. For any other and further relief as the Court m ay deem proper.

D A T E D : D e c em b e r fr, 2011espectful ly submitted,C A L D W E L L L E S L I E & P R O C T O R , P CL I N D A M . B U R R O WT IN A W O N GI N D A M . B U R R O WAttorneys for P la inti ff s NZK PR OD UCT IONS,I N C . a n d H O R I Z O N A L T E R N A T I V ET E L E V I S I O N I N C .

o-8 COM PLAINTExhibit A

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DEMAN D FOR JURY TRIALPlaint if fs NZK Productions , Inc. and Horizon Alternative Televis ion, Inc.

hereby dem and tr ial by jury in this action.

DATED: Decemb er (f 2011espectful ly subm itted,CALD W ELL LESLIE & PROCTOR., PCLINDA M. BURROWTINA W ONGB y INDA M. I3URRO WAttorneys for Plaint i ffs NZK PROD UC TIONSINC. and H ORIZON ALTERNATIVETELEVISION INC.

-9 - COMPLAINTExhibit APage 15

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EXHIBIT B TODECLARATION OF ANDREW W . DEFRANCIS

EXHIBIT B TODECLARATION OF ANDREW W . DEFRANCIS



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NZK PROD UCTIONS INC aCalifornia conaoration, and HORIZONAL TERNATIVE 'TELEV ISION INC., aDelaware corporation,Plaintiffs,

V .STEPHEN CARB ONE, an ind ividual,REAL ITY STEVE, LLC, a Texasl im ited l iabi l ity corp oration, and DO ES1 through 10, m clusive,

Defendants .

FILE D: 1 /31/12

NOTE: CHANGES MADE BY THE COURT

U N I TE D S TA TE S D IS TR IC T C OU R TC E N TR A L D I S TR IC T OF C A L I FOR N I A , W E S TE R N D I V I S ION

CASE NO . CV11-10118 GH K (Ex)f_PROPOSED_I ORDER GRAN TINGPLAINTIFFS EX PARTEA P P L I CA T I O N (1 ) T O CO NT I NUEH E A R IN G D A T E O ND E F E N D A N TS ' M OTI ON TOD I SM I S S B Y 6 0 D A Y S TO P E R M I TJ U R IS D IC TI ON A L D I S C OV E R Y,AND(2) F O R A N O R D E RPERM1 ING PLAINTIFFS TOC ON D U C T S U C H D IS C OV E R Y ;M E M O R A N D U M O F P O I N TS A N DA U TH OR I TIE S I N S U P P OR TT H E R E O F

298107.14mV 11-10118 GHK (Ex)[PROPOSED] ORDER GRA NTING PLAINTIFFS' EX PARTE APPLICATION(1 ) T O C O N T IN U E H E AR IN G D AT E O N D EFEN D AN T S ' M O T IO N T O D IS M ISS , AN D(2 ) FOR AN ORDER PERM ITTING PLAINTIFFS TO CONDUCT SUCH DISCOVERY

Exhibit BPage 16

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By Hon. George H

The C ourt has reviewed Plaintiffs NZ K Prod uctions Inc. and Ho rizonAlternative T elevision Inc. (collectively, "Plaintiffs") ex parte application("App lication") (1) to continue the hearing date on the m otion to dismiss filed byDefend ants Stephen Carb one and Reality Steve, LL C (collectively, "Defend ants")by sixty (60) days so that Plaintiffs ma y conduct ju risdictional discovery, and (2) foran order p ermitting Plaintiffs to conduct said jurisdictional discovery. Defend antshave fi led no op position. Hav ing found good c ause,

IT IS HE REBY ORD ERED that Pla inti ffs' Appl icat ion is GRA NTED .The hearing date on Defend ants' Motion to Dismiss for Lack of Personal

Jurisdiction shall be continued from M arch 12, 2012, at 9:30 a.m., toM a y 20 , 2012, at 9 :30 a .m .

In the interim, Plaintiffs are hereby permitted leave of Court to condu ctwritten and oral jurisdictional discovery, including b ut not limited to, noticingdepositions of both Defenda nts, propound ing interrogatories, requests for adm ission,and requests for production, and serving subp oenas on relevant third parties for thepurp oses of determ ining Defendants' connection with California.

Dated this 31 s t day of Jan , 2012.

2VI I-10118 GHK (Ex)[PROPOSED] ORDER GRANTING PLAINTIFFS' E X P A R T E APPLICATION( I) TO CONTINUE HEAR ING DATE ON DEF ENDANTS' MOTION TO DISMISS, AND( 21 FO R A N O RDE R PE RM I TTING PLA I NTI FFS TO CO NDU CT SU CH DI SCO VE RYExhibit BPage 17

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EXHIBIT C TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT C TODECLARATION OF ANDREW W. DEFRANCIS



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NZK PRO DUCTIONS INC., aCalifornia corporation, and H OR IZONALTERN ATIVE TELEVISION INC., aDelaware corporation,Plaintiffs,

V .STEPHEN CAR BON E, an individual,REALITY STEV E, LLC, a Texaslimited liability corporation, and DOES1 through 1 0, inclusive,

CASE NO. CV11-10118 GHK (Ex)PLAINTIFF N ZK PRODUCTIONSINC.'S FIRST SET OF SPEC IALINTERROGATO RIES TODEFENDANT STEPHENCARBONE

Defendants.

PROPOUNDING PARTY: PLAINTIFF NZK PRODUCTIONS INC.RESPONDING PARTY:EFENDANT STEPHEN CARBONESET NO.:NEKELLEY DRYE & W ARREN LLPMichael J. O'Connor (STATE BAR NO. 90017)Andrew W . DeFrancis (STATE BAR NO. 246399 )10100 Santa Monica B oulevard, Tw enty-Third FloorLos Angeles California 90067-4008Telephone: c310) 712 -6100aacsimile: 10) 712-6199moconnor kelleydrye.cornadefrancis kelleydrye.cornAttorneys for PlaintiffsNZK PRODUCTIONS INC. andHORIZON ALTERNATIVETELEVISION INC. UNITED STATES DISTRICT COURTCENTR AL DISTRICT OF CALIFORNIA, WE STERN DIVISIONExhibit CPage 18298408.1.docV11-10118 GHK (Ex)PLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIES

TO DEFENDANT STEPHEN CARBONE

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECO RD:PLEA SE TA KE N OTICE that, pursuant to Rule 33 of the Federal Rules of

Civil Procedure and Loca l Rule 33-2 of the United States District Court for theCentral District of California, Defendant Stephen Carbone is directed to answ er inwriting and unde r oath each of the following interrogatories propounded b y PlaintiffNZ K Produc tions Inc. ("Interrogatories"), within the time provided by Rule 33.

SPECIAL INTERROGATORIESSPECIAL INTERROGATO RY NO. 1:

IDENTIFY all PERSONS who contacted YOU at steve@ realitysteve.comconcerning THE B ACH ELOR SERIES between January 1, 2004, and the present.

The term "ID ENT IFY," as used in these Interrogatories, shall mean: (a) as toan individual, stating his or her full and cu stomarily used nam es, present residentaddress, business address, and business telephone num ber; (b) as to any person otherthan an individual, stating its legal nam e and any o ther names use d by it, the form ormanner of its organization (e.g., partnership, corporation, etc.), the state of itsincorporation (if it is incorporated) or the state of its formation (if it is a partnershipor limited liability compan y), and the address o f its principal place of business;(c) as to a ny docu men t, its author, recipient, sender, date(s), its subject matter, thenum ber of pages therein, and wherever possible its corresponding BA TESnum ber(s); and (d) as to an event, transaction, or occurrence stating its date, thelocation and the mann er of its occurrence (e.g., face-to-face meeting of participants,telephone calls, etc.), the identification of all its participants and eyewitnesses to itsoccurrence, its purpose and subject m atter, a concise description of w hat transpired,and IDEN TIFY any d ocum ent referring to or concerning said event, transaction, oroccurrence.

The terms "PER SON " and "PER SON S," as used in these Interrogatories,shall mea n all natural persons, partnerships, consortia, joint ventures, and every Exhibother form of legally recognized entity, including corporations.age298408.1 .docV11-10118 GHK (Ex)PLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIES


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The terms "YO U" and "YOU R," as used in these Interrogatories, shall meanDefendant Stephen Carbone, acting in his individual capacity or as an agent ofDefendant Reality Steve, LLC.The term "TH E B ACH ELO R SE RIES," as used in these Interrogatories, shallmean "The B achelor," "The Bachelorette" and/or the "Bachelor Pad" televisionseries.SPECIAL INTERROGATO RY NO. 2:

State the date(s) that each PE RSO N identified in response to SpecialInterrogatory No. 1 contacted YOU.SPECIAL INTERROGATO RY NO. 3:

IDENTIFY all PERSONS who Y OU contacted from [email protected] THE BAC HEL OR SERIES between January 1, 2004, and the present.SPECIAL INTERRO GATOR Y NO. 4:

State the date(s) that YOU contacted each PERSON identified in response toSpecial Interrogatory N o. 3.SPECIAL INTERROGATO RY NO. 5:

IDEN TIFY all PERS ON S w ho contacted YOU at twitter.com/realitysteveconcerning TH E BA CH ELO R SER IES between January 1, 2004, and the present.SPECIAL INTERRO GATOR Y NO. 6:

State the date(s) that each PE RSO N identified in response to SpecialInterrogatory No. 5 contacted YOU..SPECIAL INTERRO GATOR Y NO. 7:

IDENTIFY all PERSON S w ho Y OU contacted from twitter.com/realitysteveconcerning THE BA CH ELO R SER IES between January 1, 2004, and the present.SPECIAL INTERROGATO RY NO. 8:

State the date(s) that YOU c ontacted each PERSON identified in response toSpecial Interrogatory N o. 7.xhibit C/ / /age 20298408.1.docV11-10118 GHK (Ex)PLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIES


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SPECIAL INTERROGATORY NO . 9:IDEN TIFY each public appearance that YOU made to promote

www.realitysteve.com between Janu ary 1, 2004, and the present.SPECIAL INTERROGATORY NO. 10: IDEN TIFY each INTERV IEW YO U gave concerning THE BA CHELO R

SERIES between January 1, 2004, and the present.The term "IN TER VIEW ," as used in these Interrogatories, shall mean any

type of m edia appearance, including but no t limited to television, radio, print, orother type of media appearance.SPECIAL INTERROGATORY NO. 11:

IDENT IFY each AR TICLE that YOU authored concerning THEBACHELOR SERIES between January 1, 2004, and the present.

The term "ART ICLE," as used in these Interrogatories, shall mean anywriting that appears on the internet, in an em ail or print newsletter, in a newsp aper,in a mag azine, or in any other print publication.SPECIAL INTERROGA TORY NO . 12:

IDENT IFY each PERSON from whom Y OU received any informationconcerning THE BAC HELO R SE RIES between January 1, 2004, and the present.SPECIAL INTERROGA TORY NO . 13:

For each of the PERSONS identified in response to Special Interrogatory No.12, state the date(s) each PERSO N provided YO U with information about THEBACHELOR SERIES.SPECIAL INTERROGA TORY NO . 14:IDEN TIFY all comm unications that YOU initiated with any PERSO N w ho isor was a resident of California concerning THE BACHELOR SERIES.SPECIAL INTERROGA TORY NO . 15:

IDEN TIFY all comm unications that YOU initiated with any PERSO Nor w as a resident of California concerning ww w.realitysteve.com298408.1.docV11-10118PLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIES


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SPECIAL INTERROGATORY NO. 16:IDEN TIFY all communications that YOU received from any PER SON who

is or was a resident of California concerning THE BA CHE LOR SERIES .SPECIAL INTERROGATORY NO. 17:IDEN TIFY all communications that YOU received from any PERSO N w ho

is or was a resident of California concerning www .realitysteve.comSPECIAL INTERROGATORY NO. 18:

IDEN TIFY all trips that YOU made to C alifornia between January 1, 2004,and the present.SPECIAL INTERROGATORY NO. 19:

For each o f the trips identified in response to Special Interrogatory No. 18,IDENTIFY where you stayed while visiting California.SPECIAL INTERROGATORY NO. 20:

Describe the purpose of each of the trips identified in response to Spe cialInterrogatory No. 18.SPECIAL INTERROGATORY NO. 21:

IDENTIFY all real estate that YOU own in California, including any realestate that you jointly own with another PERSON.SPECIAL INTERROGA TORY NO . 22:

IDEN TIFY all bank accounts that YOU own or control in California.SPECIAL INTERROGA TORY NO . 23:

IDEN TIFY all sources of income that YO U derive from California, includingall income derived from PER SO NS w ho reside in California.SPECIAL INTERROGA TORY NO . 24:

IDEN TIFY each time that YO U paid income taxes in California betweenJanuary 1, 2004, and the present./ / /xhibit C/ / /age 22298408.1 .docV11-10118 GHK (Ex)PLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIESTO DEFENDANT STEPHEN CARBONE123456789101 1121 3141 516171 819202122232425262728Case 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 20 of 52 Page ID #:403


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SPECIAL INTERROGATORY NO. 25:IDEN TIFY each time that YO U voted in an ELECTIO N as a California

resident between January 1, 2004, and the present.The term "ELECTION", as used in these Interrogatories, shall mean any type

of political election, including local, statewide, and national elections.

DA TED : February 7, 2012ELLEY DRYE & WARREN LL PMichael J. O'ConnorAndrew W . DeFrancisByAndrew W. FrancisAttorneys for Plain s NZK Productions Inc.and Ho rizon Alternative Television Inc.

Exhibit CPage 23

298408.LdocV11-10118 GHK (Ex)PLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIESTO DEFENDANT STEPHEN CARBONE123456789101 11213141516171819202122232425262728Case 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 21 of 52 Page ID #:404


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PROOF OF SERVICESTATE OF C ALI F OR NI A, C O UNTY OF LOS ANG ELES

At the time of service, I was over 18 years of age and not a party to thisaction. I am employed in the Cou nty of Los A ngeles, State of California. Mybusiness address is 10100 Santa Monica Boulevard, Twenty-Third Floor, LosAngeles, California 90067.On February 7, 2012, I served a true copy of the foregoing documentdescribed as PLAINTIFF NZK PRODUC TIONS INC. 'S FIRST SET O FSP EC I AL INTER R O G ATOR I ES TO DEF ENDANT STEP H EN C AR BONEon the interested parties in this action as follows:

D. Bradley Kizzia, Esq.Brown Fox ICizzia & Johnson PLLC8226 Douglas A venue, Suite 411Dallas, TX 75225Fax: [email protected] for defendants StephenCarbone a nd R eality Steve, LLC

Gregg A . Farley, Esq.Law O ffices of Gregg A. Farley11755 W ilshire Boulevard, Suite 1845Los Angeles, CA 90025Fax: [email protected] for defendants StephenCarbone and R eality Steve, LLC

N BY F EDER AL EXP R ESS: I enclosed said documen t in an envelope orpackage provided by F ederal Express and add ressed to the persons at the addresseslisted in the Service List. I_placed the envelope or package for collection andovernight delivery at an office or a regularly utilized drop box of F ederal Express ordelivered such docum ent to a courier or driver authorized by Federal Express toreceive documents.FED ERA L: I declare under penalty of perjury under the laws of theUnited States of A merica that the foregoing is true and correct and that I amemployed in the office of a mem ber of ar of this Court at whose d irection theservice was m ade.

Executed on F ebruary 7, 2012, at Los Ange les, California.

Exhibit CPage 24

298408.1.docV11-10118 GHIC (Ex)PLAINTIFF NZK PRODU CTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIESTO DEFENDANT STEPHEN CARBONE

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EXHIBIT D TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT D TODECLARATION OF ANDREW W. DEFRANCIS



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NZK PRO DUCTIONS INC., aCalifornia corporation, and HORIZONALTERNA TIVE TELEVISION INC., aDelaw are corporation,Plaintiffs,

V .STEPHEN CARBONE, an individual,REA LITY STEVE, LLC, a Texaslimited liability corporation, and DO ES1 through 1 0, inclusive,

CASE N O. CV11-10118 GHK (Ex)PLAINTIFF NZK PRODUC TIONSINC.'S FIRST SET OF SPEC IALINTERROGATOR IES TODEFENDANT REALITY STEVE,LLC

Defendants.

PROPOUNDING PARTY:RESPONDING PARTY:SET NO.:

PLAINTIFF NZK PROD UCTIONS INC.DEFENDANT REALITY STEVE, LLCONE

Exhibit DPage 25

KELLEY DRYE & WARREN LL PMichael J. O'Connor (STATE BAR NO. 90017)Andrew W . DeFrancis (STATE BAR NO . 246399)10100 Santa Monica Boulevard, Twenty-Third FloorLos A ngeles California 90067-4008Telephone: 310) 712-6100Facsimile: 10) 712-6199moconnor kelleydrye.comadefrancis kelleydrye.comAttorneys for PlaintiffsNZK PRO DUCTIONS INC. andHORIZON A LTERNATIVETELEVISION INC.

UNITED STATES DISTRICT COU RTCENTRAL D ISTRICT OF C ALIFORNIA, WESTERN DIVISION

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TO A LL P A R TI ES A N D TO TH EI R A TTO R N EY S O F R EC O R D :PLEA SE TA KE N OTICE that, pursuant to Rule 3 3 of the Federal Rules of

Civil Procedure and Local Rule 33-2 of the United States District Court for theCentral District of California, Defendant Reality Steve, LL C is directed to answ er inwriting and under oath each of the following interrogatories propounded by PlaintiffNZK Productions Inc. (the "Interrogatories"), within the time provided by Rule 33.

SPECIAL INTERROGATORIESSPECIAL INTERRO GATOR Y NO. I:

IDENTIFY each PERSON with whom Y OU registeredwwW.realitysteve.com between January 1, 2004, and the present.

The term "IDENTIFY," as used in these Interrogatories, shall mean: (a) as toan individual, stating his or her full and customarily used names, present residentaddress, business address, and business telephone number; (b) as to any person otherthan an individual, stating its legal name and any other names used by it, the form ormanner of its organization (e.g., partnership, corporation, etc.), the state of itsincorporation (if it is incorporated) or the state of its formation (if it is a partnershipor limited liability com pany), and the address of its principal place of business;(c) as to any document, its author, recipient, sender, date(s), its subject matter, thenumber of pages therein, and wherever possible its corresponding BATESnum ber(s); and (d) as to an ev ent, transaction, or occurrence stating its date, thelocation and the manner of its occurrence (e.g., face-to-face meeting of participants,telephone ca lls, etc.), the identification of all its participants and e yew itnesses to itsoccurrence, its purpose and su bject matter, a concise description of w hat transpired,and IDENTIFY any document referring to or concerning said event, transaction, oroccurrence.

The terms "PER SON " and "PE RSON S," as used in these Interrogatories,shall mean all natural persons, partnerships, consortia, joint ventures, and ev ery Exhibother form of legally recognized entity, including corporations.age2 9 8 4 0 9 . 1 . d o cV 1 1 - 1 0 1 1 8 G H K (E x)P LA IN TIF F N ZK P RO D UC TIO N S IN C. 'S F IRS T S ET O F S P ECIA L IN TERRO G A T O RIES

TO D EF EN D A N T REA LITY S TEV E, LLC



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The terms "YOU," "YO UR ," or "DEFEN DA NT," as used in theseInterrogatories, shall mean De fendant Reality Steve, LLC and each of its past andpresent agents, associates, mana gers, representatives, accountants, attorneys, andanyone else acting, or who has acted, on its behalf, including Defend ant StephenCarbone.SPECIAL INTERROGATORY NO . 2:

State the date(s) YO U registered www.realitysteve.com with each of thePER SON S identified in response to Special Interrogatory No. 1.SPECIAL INTERROGATORY NO . 3:

IDENTIFY each PERS ON who H OSTED ww w.realitysteve.com betweenJanuary 1, 2004, and the present.

The term "H OST ED," as used in these Interrogatories, shall mean the act ofproviding server space, internet services, and/or file maintenance for w ebsites.SPECIAL INTERROGATORY NO . 4:

State the date(s) that each PERS ON identified in response to SpecialInterrogatory No. 3 HOSTED.www.realitysteve.com .SPECIAL INTERROGATORY NO. 5:

IDENTIFY all agreements of any kind entered into between January 1, 2004,and the present concerning advertising on www.realitysteve.com .SPECIAL INTERROGATORY NO. 6:

IDEN TIFY all PERSO NS w ho have purchased advertising onwww.realityseteve.com between Jan uary 1, 2004, and the present.SPECIAL INTERROGATORY NO. 7:

State all username accounts registered on ww w.realitysteve.com .SPECIAL INTERROGATORY NO. 8:

For each of the usernam e accounts identified in response to SpecialInterrogatory N o. 7, state the email address affiliated with each accou nt.xhibit DPage 27298409.1.docVI 1-10118 GHK (Ex)PLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIES

TO DEFENDANT REALITY STEVE, LLC

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SPECIAL INTERROGATORY NO . 9:IDEN TIFY all PERSON S w ho have a contractual relationship of any kind

with www.realitysteve.com .SPECIAL INTERROGATORY NO. 10:

Describe YOUR contractual relationship with each PERSON identified inresponse to Special Interrogatory No. 9.SPECIAL INTERROGA TORY NO . 11:

IDEN TIFY all members of Reality Steve, LLC from January 1 , 20 0 4, throughthe present.SPECIAL INTERROGA TORY NO . 12:For each of the PERSONS identified in response to Special Interrogatory No.1 1 , state the date(s) each PERSON was a mem ber of Reality Steve, LLC .SPECIAL INTERROGA TORY NO . 13:

State the monthly number of visitors to www.realitysteve.com betweenJanuary 1, 2004, and the present.SPECIAL INTERROGA TORY NO . 14:

State the m onthly number of visits to ww w.realitysteve.com by PERSONSlocated in California between January 1 , 20 0 4, and the present.SPECIAL INTERROGA TORY NO . 15:

State the monthly num ber of v isits to ww w.realitysteve.com by com puterslocated in California between January 1 , 20 0 4, and the present.SPECIAL INTERROGA TORY NO . 16:

IDEN TIFY all bank accounts that YO U ow n or control in California.SPECIAL INTERRO GATO RY NO. 17:

IDEN TIFY all sources of income that YO U derive from California, includingall income derived from PER SO NS w ho reside in California./ / /xhibit D/ / /age 282 9 8 4 0 9 . 1 . d o cV 1 1 -1 0 1 1 8 G H K (E x)PLAINTIFF NZK PROD UCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATO RIESTO DEFENDANT REALITY STEVE, LLCCase 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 27 of 52 Page ID #:410


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SPECIAL INTERROGATORY NO. 18:IDEN TIFY each time that YOU paid income taxes in California between

January 1, 2004, and the present.SPECIAL INTERROGATORY NO. 19:

IDEN TIFY all trips to California made on behalf of YOU between January 1,20 0 4, and the present.SPECIAL INTERROGA TORY NO . 20:

Describe the purpose of each of the trips identified in response to SpecialInterrogatory No. 19.SPECIAL INTERROGA TORY NO . 21:

IDENTIFY each PERSON from whom YOU received any informationconcerning THE BACHELOR SERIES between January 1, 2004, and the present.

The term "TH E BA CH ELO R SE RIES," as used in these Interrogatories, shallmean "The B achelor," "The Bachelorette" and/or the "Bachelor P ad" televisionseries.SPECIAL INTERROGA TORY NO . 22:

For each of the PERSONS identified in response to Special Interrogatory No.2 1 , state the date(s) that each PERSON provided YO U w ith information about THEBACHELOR SERIES.SPECIAL INTERROGATORY NO 23:

IDENTIFY each public appearance that YOU made to promotewww.realitysteve.com between January 1, 2004, and the present.SPECIAL INTERROGA TORY NO . 24:

IDENT IFY each member of YO UR m ember Yea! Network, LLC, asidentified at page 7 of YOU R M OTION TO D ISMISS.

The term "MOTION TO DISMISS," as used in these Interrogatories, shallmean D efendants Stephen Carbone and Reality Steve, LLC's M otion to Dism iss forLack of Personal Jurisdiction in this matter, filed on January 20, 2012.298409.1.docV11-10118 GHK (Ex)PLAINTIFF NZK PRODU CTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIES

TO DEFENDANT REALITY STEVE, LLCxhibit Page 2Case 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 28 of 52 Page ID #:411


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DA TED : February 7, 2012ELLEY DRYE & WARREN LLPMichael J. O'ConnorAndrew W . DeFrancisBySPECIAL INTERROGATORY NO. 25:For each of the PERSONS identified in response to Special Interrogatory No.24, state the date(s) each PER SON was a m ember of Yea! Network,.LLC.Andrew W.ancisAttorneys for Plaint]. NZK Productions Inc.and Horizon Alternative Television Inc.

Exhibit DPage 30

298409.1 .docV11-10118 GHK (Ex)PLAINTIFF NZK PRODU CTIONS INC.'S FIRST SET OF SPECIAL INTERROGATO RIESTO DEFENDANT REALITY STEVE, LLC

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- - - - - -aren M. jaden

PROOF OF SERVICESTATE OF CALIFORNIA, COUNTY O F LOS ANGELES

At the time of service, I was over 18 years of age and not a party to thisaction. I am employed in the County . of Los A ngeles, State of C alifornia. Mybusiness address is 10100 Santa M onica Boulevard, Twenty-Third Floor, LosAngeles, California 90067.On February 7, 2012, I served a true copy of the foregoing documentdescribed as PLAINTIFF NZK PRODU CTIONS INC.'S - FIRST SET OFSPECIAL INTERROGATO RIES TO DEFENDANT REALITY STEVE, LLCon the interested parties in this action as follows:

Gregg A . Farley, Esq.Law O ffices of Gregg A . Farley11755 W ilshire Boulevard, Suite 1845Los Angeles, CA 90025Fax: [email protected] for defendants StephenCarbone an d Reality Steve, LLC

BY FEDERAL EXPRESS: I enclosed said document in an envelope orpackage provided by F ederal Express and addressed to the persons at the addresseslisted in the Service List. I_placed the envelope or package for collection andovernight delivery at an office or a regularly utilized drop box of F ederal Express ordelivered such docum ent to a courier or driver authorized by Federal Express toreceive documents.FED ERA L: I declare under penalty of perjury under the laws of theUnited States of America that the foregoing is true and correct and that I amemp loyed in the office of a mem ber of the bar of this Court at whose d irection theservice was made.

Executed on February 7, 2012 at Los Angeles, California.

Exhibit DPage 31

298409.1.docV11-10118 GHK (Ex)PLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIAL INTERROGATORIESTO DEFENDANT REALITY STEVE, LLC

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D. Bradley Kizzia, Esq.Brown Fox K izzia & .fohnson PLLC8226 Douglas A venue, Suite 411Dallas, TX 75225Fax: [email protected] for defendants StephenCarbone an d Reality Steve, LLC

E 3

E 3



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EXHIBIT E TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT E TODECLARATION OF ANDREW W. DEFRANCIS



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Gregg A. Farley, SBN 115593LAW O FFICES OF GREGG A. FARLEY11755 W ilshire Blvd., Ste. 1845Los Angeles, CA 90025Telephone: (310) 445-4024Facsimile: (310) [email protected]. Bradley Kizzia (Pro Hac Vice)BROWN FOX KIZZIA & JOHNSON PLLC8226 D ouglas Avenue, Suite 411Dallas, Texas 75225Telephone: (469) 893-9940Facsimile: (214) [email protected] for DefendantsSTEPHEN CA RBONEand REALITY STEVE, LLC

UNITED STATES DISTRICT CO URTCENTRAL DISTRICT OF CA LIFORNIA, WESTERN DIVISION

NZK PRO DUCTIONS INC. , aCalifornia corporation, and HO RIZO N )ALTE RNA TIVE TEL EVISION IN C., a) Case No.: CV11-10118-GH K (Ex)Delaware corporation,)Plaintiffs,VS. DEFENDAN T STEPHEN) CARBONE'S RESPONSES TOSTEPHEN CAR BON E, an individual, ) PLAINTIFF NZK PR ODU CTIONSand REALITY STEVE, LLC, a Texas ) INC.'S FIRST SET OF SPECIALlimited liability corporation,INTERROGATORIESDefendants. ))1234567891011121314151617181920212223 -2425262728 Exhibit EPage 32STEPHEN CARBON E'S RESPONSES TONZK PROD UCTIONS, INC. 'S FIRST SET OF SPECIAL INTERROGATORIESCase 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 32 of 52 Page ID #:415


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STEPHEN CARBONE'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

PROPOUNDING PARTY: PLAINTIFF NZK PRODUCTIONS INC.RESPONDING PARTY:EFENDANT STEPHEN CARBONESET NO.:NE

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TO: THE PARTIES AND TO THEIR ATTORNEYS OF RECORD:23

SPECIAL INTERRO GATOR Y NO. 1:IDENTIFY all PERSONS who contacted YOU at [email protected]

concerning THE BA CHE LO R SERIES between January 1, 2004, and the present.The term "IDEN TIFY," as used in these Interrogatories, shall mean: (a) as to

an individual, stating his or her full and custom arily used nam es, present residentaddress, business address, and business telephone number; (b) as to any personother than an individual, stating its legal name an d any other nam es used by it, theform or m anner of its organization (e.g., partnership, corporation, etc.), the state ofits incorporation (if it is incorporated) or the state of its formation (if it is apartnership or limited liability co mp any), and the address of its principal place ofbusine ss; (c) as to any do cum ent, its author, recipient, sender, date(s), its subjectmatter, the number of pages therein, and wherever possible its correspondingBATES number(s); and (d) as to an event, transaction, or occurrence stating itsdate, the location and the manner of its occurrence (e.g., face-to-face meeting ofparticipants, telephone calls, etc.), the identification of all its participants andeyewitnesses to its occurrence, its purpose and subject matter, a concise descriptionof what transpired, and IDEN TIFY an y docum ent referring to or concerning saidevent, transaction, or occurrence. Exhibit E

-3 -age 34STEPHEN CARBONE'S RESPONSES TONZK PRODU CTIONS, INC. 'S FIRST SET OF SPECIAL INTERROG ATORIES

567a

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The terms "PERSON" and "PERSONS," as used in these Interrogatories,shall mean all natural persons, partnerships, consortia, joint ventures, and everyother form of legally recognized entity, including corporations.

The terms "YOU," "YOUR," or " DEFENDANT," as used in theseInterrogatories, shall mean Defendant Stephen Carbone, acting in his individualcapacity or as an agent of Defendant Reality Steve, LLC .

The term "THE BACHELOR SERIES," as used in these Interrogatories,shall mean "The Bachelor," "The 13achelorette" and/or the "Bachelor Pad"television series.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad,unduly burdensome, and not reasonably limited in scope to information that isrelevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrogatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these objections andwithout waiving same, I do not recall any names, dates or details of possiblecommunications with California residents years go, but I do not believe I havemade or received any communications with residents of California about non-public information concerning the B achelor series since January 1 , 2011. H owever,

-4 -STEPHEN CARBONE'S RESPONSES TONZK PRO DUCTION S, INC. 'S FIRST SET OF SPECIAL INTERROG ATOR IES

Exhibit EPage 35

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on or about October 24, 2011, November 16, 2011 and November 18, 2011,Defendant sent three electronic communications to the following persons who doNOT live in California: Jaclyn Swartz, Emily O'Brien and Casey Shteamer.How ever, no responsive information w as received.SPECIAL INTERRO GATOR Y NO. 2:

State the date(s) that each PERSON identified in response to SpecialInterrogatory No. 1 contacted YOU.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad,unduly burdensome, and not reasonably limited in scope to information that isrelevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrogatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these objections andwithout waiving same, on or about October 24, 2011, November 16, 2011 andNovember 18, 2011 Defendant sent three electronic communications to thefollowing persons who do NOT live in California: Jaclyn Swartz, Emily O'Brienand Casey Shteamer. However, no responsive information was received.

Exhibit E- 5 - age 36STEPHEN CARBONE'S RESPONSES TONZK PRO DUCTIONS, INC.'S FIRST SET OF SPECIAL INTERRO GATO RIES2345678910111213141516171819202122232425262728Case 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 36 of 52 Page ID #:419


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34567

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SPECIAL INTERROGATORY NO. 3:IDENTIFY all PERSONSho YOU contacted from

stevegrealitysteve.com concerning THE BACHELOR SERIES between January1, 20 04, and the present.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad,unduly burdensome, and not reasonably limited in scope to information that isrelevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrogatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these objections andwithout waiving same, I do not recall any names, dates or details of possiblecommunications with California residents years go, but I do not believe I havemade or received any communications with residents of California about non-public information concerning the Bachelor series since January 1, 2011.However, on or about October 24, 2011, November 16, 2011 and November 18,2011, Defendant sent three electronic communications to the following personswho do NOT live in California: Jaclyn Swartz, Emily O'Brien and CaseyShteamer. How ever, no responsive information w as received.

Exhibit E-6 -age 37

STEPHEN CARBON E'S RESPONSES TONZK P RODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATO RIES



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1 SPECIAL INTERROGATORY NO. 4:2State the date(s) that you contacted each PERSON identified in response to3

Special Interrogatory NO. 3 .

6 Defendant objects to this Special Interrogatory because it is overbroad,78 unduly burdensome, and not reasonably limited in scope to information that is9 relevant to Defendant's objection to jurisdiction in California. Defendant further

ioobjects because as stated, the interrogatory seeks irrelevant information not1 1

12 reasonably calculated to lead to admissible evidence and information that is13 proprietary and subject to the journalistic privilege. Subject to these objections and1415 without waiving same, on or about October 24, 2011, November 16, 2011 and16 November 18, 2011, Defendant sent three electronic communications to the1718 following persons who do NOT live in California: Jaclyn Swartz, Emily O'Brien19 and Casey Shteam er. How ever, no responsive information was received.20 SPECIAL INTERROGATOR Y NO . 5:2122DENTIFY all PERSONS who contacted YOU at twitter.com/realitysteve23 concerning THE B AC HEL OR S ERIES between January 1, 2004, and the present.2425 ANSWE R:26efendant objects to this Special Interrogatory because it is overbroad,27 unduly burdensome, and not reasonably limited in scope to information that is-7- STEPHEN CARBONE'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIESExhibit EPage 3845 ANSWER:28Case 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 38 of 52 Page ID #:421


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relevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrogatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these objections andwithout waiving same, I do not recall any names, dates or details of possiblecommunications with California residents years go, but I do not believe I havemade or received any communications with residents of California about non-public information concerning the Bachelor series since January 1, 2011.However, on or about October 24, 2011, November 16, 2011 and November 18,2011, Defendant sent three electronic communications to the following personswho do NOT live in California: Jaclyn Swartz, Emily O'Brien and CaseyShteamer. How ever, no responsive information w as received.SPECIAL INTERROGATO RY NO. 6:

State the date(s) that each PERSON identified in response to SpecialInterrogatory N o. 5 contacted YO U.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad,unduly burdensome, and not reasonably limited in scope to information that isrelevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrogatory seeks irrelevant information not

-8-STEPHEN CARB ONE'S RESPONSES TONZK PRODUCTIONS, rNc.'s FIRST SET OF SPECIAL INTERROGATORIES

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reasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these ob jections andwithout waiving same, on or about October 24, 2011, November 16, 2011 andNovember 18, 2011, Defendant sent three electronic communications to thefollowing persons who do NOT live in California: Jaclyn Swartz, Emily O'Brienand Casey Shteamer. However, no responsive information was received.SPECIAL INTERRO GATOR Y NO. 7:

IDENTIFY all PERSONS who YOU contacted fromtwitter.com/realitysteve concerning THE BACHELOR SERIES between January1, 2004 , and the present.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad,unduly burdensome, and not reasonably limited in scope to information that isrelevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrOgatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these ob jections andwithout waiving same, I do not recall any names, dates or details of possiblecommunications with California residents years go, but I do not believe I havemade or received any communications with residents of California about non-

-9 -STEPHEN CARBONE'S RESPONSES TONZK PRO DUCTIONS, INC.'S FIRST SET O F SPECIAL INTERROGATORIES

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public information concerning the Bachelor series since January 1, 2011.However, on or about October 24, 2011, November 16, 2011 and November 18,2011, Defendant sent three electronic communications to the following personswho do NOT live in California: Jaclyn Swartz, Emily O'Brien and CaseyShteamer. How ever, no responsive information was received.SPECIAL INTERROGATO RY NO. 8:

State the date(s) that YOU contacted each PERSO N identified in response toSpecial Interrogatory No. 7.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad,unduly burdensome, and not reasonably limited in scope to information that isrelevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrogatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these objections andwithout waiving same, on or about October 24, 2011, November 16, 2011 andNovember 18, 2011, Defendant sent three electronic communications to thefollowing persons who do NOT live in California: Jaclyn Swartz, Emily O'Brienand Casey Shteamer. H owever, no responsive information was received.

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SPECIAL INTERROG ATORY N O. 9:IDENTIFY each public appearance that YOU made to promote

www.realitysteve.com betwee n January 1, 2004, and the present.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad andnot reasonably limited to information that is relevant to Defendant's objection tojurisdiction in California. Subject to the foregoing objections and without waivingsam e, Defendant responds as follow s:

Appearance on W FAA C hannel 8 in Dallas, Texas on March 14, 2011.Appearan ce at Bailey's Prime Plus in Dallas, Texas on March 14, 2011.Three (3) additional appearances on W FAA C hannel 8 in Dallas, Texas.

SPECIAL INTERRO GATOR Y NO. 10:IDENTIFY each INTERVIEW YOU gave concerning THE BACHELOR

SERIES betw een January 1, 2004, and the present.The term "INTERVIEW," as used in these Interrogatories, shall mean any

type of media appearance, including but not limited to television, radio, print, orother type of media appearance.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad andnot reasonably limited to information that is relevant to Defendant's objection to

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jurisdiction in California. Subject to the foregoing objections and without waivingsame , see Answ er to Special Interrogatory No. 9. A dditionally, there were variousradio interviews, but none in California.SPECIAL INTERROGA TORY NO . 11:

IDENTIFY each ARTICLE that YOU authored concerning THEBAC HEL OR SERIES between January 1, 2004, and the present.

The term "ARTICLE," as used in these Interrogatories, shall mean anywriting that appears on the internet, in an em ail or print newsletter, in a new spaper,in a m agazine, or in any other print publication.ANSWE R:

Defendant objects to this Special Interrogatory because it is overbroad andnot reasonably limited to information that is relevant to Defendant's objection to

jurisdiction in Ca lifornia. Subject to the foregoing ob jections and w ithout waivingsame, see w ww .realitysteve.com .SPECIAL INTERROGA TORY NO . 12:

IDENTIFY each PERSON from whom YOU received any informationconcerning THE BAC HEL OR SERIES between January 1, 2004, and the present.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad,unduly burdensome, and not reasonably limited in scope to information that is

-12-STEPHEN CARBONE'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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relevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrogatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these objections andwithout waiving same, I do not recall any names, dates or details of possiblecommunications with California residents years go, but I do not believe I havemade or received any communications with residents of California about non- public information concerning the Bachelor series since January 1, 2011.SPECIAL INTERROGATO RY NO. 13:

For each of the PERSONS identified in response to Special InterrogatoryNo. 12, state the date(s) each PERSON provided YOU with information aboutTHE BACH ELOR SERIES.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad,unduly burdensome, and not reasonably limited in scope to information that isrelevant to Defendant's objection to jurisdiction in California. Defendant furtherobjects because as stated, the interrogatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these objections andwithout waiving same, see A nswer to Special Interrogatory N o. 12.

-13-STEPHEN CARBONE'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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SPECIAL INTERROGATO RY NO. 14:IDEN TIFY all commun ications that YOU initiated with any PERSO N who

is or was a resident of California concerning the BA CH ELO R SER IES.ANSWER:

I do not recall any nam es, dates or details of possible comm unications withCalifornia residents years go, but I do not believe I have made or received anycommunications with residents of California about non-public informationconcerning the Bachelor series since January 1, 20 11.SPECIAL INTERROGATO RY NO. 15:

IDENT IFY all communications that YO U initiated with any PERSO N whois or was a resident of California concerning www.realitysteve.com .ANSWER:

I do not recall any nam es, dates or details of possible comm unications withCalifornia residents years go, but I do not believe I have made or received any.communications with residents of California about non-public informationconcerning the B achelor series since January 1, 201 1.SPECIAL INTERRO GATOR Y NO. 16:

IDENTIFY all comm unications that YO U received from any PERSO N w hois or was a resident of California concerning THE B AC HEL OR S ERIES.

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ANSWER:I do not recall any nam es, dates or details of possible comm unications with

California residents years go, but I do not believe I have made or received anycommunications with residents of California about non-public informationconcerning the B achelor series since January 1, 2011 .SPECIAL INTERROGA TORY N O. 17:

IDEN TIFY all communications that YOU received from any PER SON whois or was a resident of California concerning w ww.realitysteve.com .ANSWER:I do not recall any names, dates or details of possible communications withCalifornia residents years go, but I do not believe I have made or received anycommunications with residents of California about non-public informationconcerning the B achelor series since January 1, 2011 .SPECIAL INTERROGA TORY N O. 18:

IDENTIFY all trips that you made to California between January 1, 2004,and the present.ANSWER:

Defenda nt objects to this Special Interrogatory becau se it is overbroad andunduly burdensome. Subject to these objections and without waiving same,

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Defendant visited California approximately five (5) six (6) times per year fromJanuary 1, 2006 through the present.SPECIAL INTERROG ATORY NO. 19:

For each of the trips identified in response to Special Interrogatory No. 18,IDENT IFY w here you stayed w hile visiting C alifornia.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad andunduly burdensome. Subject to these objections and without waiving same, in theHuntington Beach area with family or in hotels.SPECIAL INTERRO GATOR Y NO. 20:

Describe the purpose of each of the trips identified in response to SpecialInterrogatory No. 18.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad andunduly burdensome. Subject to these objections and without waiving same, thetrips to California were personal and not for business. Instead, they were forbirthdays, vacations, and/or to visit family.SPECIAL INTERRO GATOR Y NO. 21:

IDENTIFY all real estate that YOU own in California, including any real

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ANSWER:Defendant does n ot own any real estate in California.

SPECIAL INTERROGATORY NO. 22:IDEN TIFY all bank accounts that YO U ow n or control in California.

ANSWER:Defendant does not ow n or control any bank accounts in California.

SPECIAL INTERROGATOR Y NO. 23:

IDENTIFY all sources of income that YOU derive from California,including all incom e derived from PE RSO NS w ho reside in California.ANSWER:

Defend ant does not derive any income from C alifornia.SPECIAL INTERRO GATORY NO. 24:

IDENTIFY each time that YOU paid income taxes in California betweenJanuary 1, 2004, and the present.A N S W E R :

Defendan t has not paid income taxes in California between January 1, 2004and the present.SPECIAL INTERROG ATORY NO. 25:

IDENTIFY each time that YOU voted in an ELECTION as a Californiaresident between January 1, 2004, and the present.

-17-STEPHEN CARBONE'S RESPONSES TONZK PRODU CTIONS, INC.'S FIRST SET OF SPECIAL INTERROGAT ORIES

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B R O W N F O X K I Z Z IA & J O H N S O N P L L C

B y: D. B radley K izzia (PAttorneys for De endanand R eality Steve, LLC ephen Carbone

The term "E LE CT ION ," as used in these Interrogatories, shal l mean anytype of political election, including local, statewide, and national elections.A N S W E R :

Defendan t has not voted in an election as a C al ifornia res ident betweenJanuary 1, 2004 and the present.

DATED: March 0- 42012

L A W O F F I C E S O F G R E G G A . F A R L E Y

By: A. F arleyAttorneys for Defendants Stephen Ca rboneand R eality Steve, LLC

-18-ST E P H E N CARB O NE 'S RE SP O NSE S T ONZK PROD UCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATO RIES

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DATED: M arch2012Case 2:11-cv-10118-GHK-E Document 36-1 Filed 04/26/12 Page 49 of 52 Page ID #:432


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Gregg A. Farley, SBN 115593 (local counsel)LAW OFFICES OF GREGG A. FARLEY11755 W ilshire Blvd., Ste. 1845Los Angeles, CA 90025Telephone: (310) 445-4024Facsimile: (310) [email protected]. Bradley Kizzia (Pro Hac V ice)BROWN FOX KIZZIA & JOHNSON PLLC8226 Douglas Avenue, Suite 411Dallas, Texas 75225Telephone: (469) 893-9940Facsimile: (214) [email protected]

VS.

STEPHEN CARBONE, an individual,and REALITY STEVE, LLC, a Texaslimited liability corporation,Defendants.

DECLARATION OF STEPHEN CARBONE IN SUPPORT OFREALITY STEVE, LLC'SRESPONSES TO NZKPRODUCTIONS, INC.'S FIRST SETOF SPECIAL INTERROGATORIES

Attorneys for D efendantsSTEPHEN CARBONEand REALITY STEVE, LLC

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CA LIFORNIA, WESTERN DIVISION

NZK PRODUCTIONS INC., aCalifornia corporation, and HORIZON )ALTERNATIVE TELEVISION NC., a) Case No.: CV11-10118-GHK (Ex)Delaware corporation,)Plaintiffs,

DECLARATION OF STEPHEN CARBONE-1- Exhibit E

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DECLARATION OF STEPHEN CARBONEI, Stephen Carbone, declare and state:1 .y name is Stephen C arbon e. I am a Defend ant in this lawsuit . I am capable ofmaking this Declaration. I have read the attached ans wers to Plaintiff NZK Prod uction Inc. 'sFirst Set of Special Interrogatories, and every statemen t contained the rein is within my person alknowled ge and is true and correct.I declare under p enalty of perjury of the laws o f the United States of America that the

- 1 1 1 -above facts are true and correct, and that this Declaration was executed this / ay of March,2012 in Dallas, Texas.

DECLARATION OF STEPHEN CARBONE-2-

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PROOF OF SERVICE2 STATE OF TEXAS, COUNTY OF DALLAS

At the time of service, I was over 18 years of age and not a party to this action. I amemployed in the County of Dallas, State of Texas. My business address is 8226 DouglasAvenue, Suite 411, Dallas, Texas 75225On M arch 9, 2012 I served a true copy of the foregoing document described asDEFENDANT STEPHEN CARBO NE'S RESPO NSES TO PLAINTIFF NZKPRODUC TIONS INC. 'S FIRST SET O F SPECIAL INTERROGATOR IESon the interest parties in this action as follow s:Michael J. O'Conner, EsqAndrew W . DeFrancis, EsqKELLEY DRYE & WARREN LLP10100 Santa Monica B oulevard, Twenty-Third FloorLos Angeles, CA 90067-4008Tel: (310)712-6100Fax: (310) [email protected]@kelleydrye.com

Attorneys for PlaintiffNZK Productions, Inc. aCalifornia Corporation and Horizon AlternativeTelevision, Inc., a Delaware CorporationBY UNITED STATE POSTAL SERVICE: I enclosed a said document in an envelope

or package and addressed to the persons at the addresses listed in the Service List. I placed theenvelope or package for collection at an office or regularly utilized drop box of United StatesPostal Service or delivered such document to a courier or driver authorized by the United StatesPostal Service.

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1011121314151617181920 FEDERAL: I declared under penalty of perjury under the laws of the United States ofAm erica that the foregoing is true and correct and that I am a m ember of the State Bar of Texasand have been admitted to practice before this court Pro Hac Vice.

Executed on M arch 9, 2012, at Dallas, Texas.

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Documents

Andrew Defrancis Declaration: Exhibit A-E