andrew defrancis declaration: exhibit f-j

8/2/2019 Andrew Defrancis Declaration: Exhibit F-J

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EXHIBIT F TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT F TODECLARATION OF ANDREW W. DEFRANCIS

Case 2:11-cv-10118-GHK-E Document 36-2 Filed 04/26/12 Page 1 of 54 Page ID #:436


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Gregg A. Farley, SBN 1 1 5593LAW OFFICES OF GREGG A. FARLEY11755 Wilshire Blvd., Ste. 1845Los Angeles, CA 90025Telephone: (310) 445-4024Facsimile: (310) [email protected]. Bradley K izzia (Pro Hac V ice)BROWN FOX KIZZIA & JOHNSON PLLC8226 Douglas Avenue, Suite 41 1Dallas, Texas 7522 5Telephon e: (469) 893-9940Facsimile: (214) [email protected] for DefendantsSTEPHEN CARBONEand REALITY STEVE, LLC

UNITED STATES DISTRICT COURTCENTR AL DISTRICT OF CALIFORNIA, WE STERN DIVISION

NZK PRO DUCTIONS INC., aCalifornia corporation, and HOR IZON )ALTERNA TIVE TELEVISION INC. , a ) Case No. : CV11 -1011 8-GHK (Ex)Delaware corporation,)Plaintiffs,VS.DEFENDANT REALITY STEVE,) LLC'S RESPONSES TO PLAINTIFFSTEPHEN CARBONE, an individual, ) NZK PRODUCTIONS INC.'S FIRSTand REALITY STEVE, LLC, a Texas ) SET OF SPECIALlimited liability corporation,INTERROGATORIES)Defendants. REALITY STEVE, LLC'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIESExhibit F

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2PROPOUNDING PARTY: PLAINTIFF NZK PRODUCTIONS INC.RESPONDING PARTY:EFENDAN T REALITY STEVE, LLCSET NO.:NE

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REALITY STEVE, LLC'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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TO: THE PARTIES AND TO TH EIR ATTORNEYS OF RECORD:2

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SPECIAL INTERROGATOR Y NO . 1:4IDENTIFY each PERSON with whom YOU registered

www.realitysteve.com between January 1, 200 4, and the present.7 The term "IDENT IFY," as used in these Interrogatories, shall mean: (a) as to

an individual, stating his or her full and customarily used names, present residentaddress, business address, and business telephone number; (b) as to any personother than an individual, stating its legal name an d any othe r name s used by it, theform or manner 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 company), and the address of its principal place ofbusiness; (c) as to any document, 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 IDENTIFY any document referring to or concerning saidevent, transaction, or occurrence.

-3 -REALITY STEVE, LLC'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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The terms "PERSON" and "PERSONS," as used in these Interrogatories,shall mean all natural persons, partnerships, consortia, joint ventures, and every

other form of legally recognized entity, including corporations.The terms "YOU," "YOUR," or " DEFENDANT," as used in these

Interrogatories, shall mean D efendant R eality Steve, LLC and each of its past andpresent agents, associates, managers, representatives, accountants, attorneys, andanyone else acting, or who has acted, on its behalf, including Defendant Stephen

Carbone.ANSW ER:

www.realitysteve.com has only been registered with Stephen Carbone sinceJanuary 1 , 2004.SPECIAL INTERROGATORY NO . 2:

State the date(s) YOU registered www.realitysteve.com with each of thePERSO NS identified in response to Special Interrogatory No. 1.ANSW ER:

The website was registered with Stephen Carbone on or around January 1,2004.SPECIAL INTERROGATORY NO. 3:

IDENTIFY each PERSON who HOSTED www.realitysteve.com betweenJanuary 1, 2004, and the present.

-4-REALITY STEVE, LLC'S RESPONSES TO

NZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES .

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The term "H OSTE D," as used in these Interrogatories, shall mean the act ofproviding server space, internet services, and/or file maintenance for websites.ANSW ER:

Yahoo Small Business and StormDemand.com have hostedwww.realitysteve.com between January 1, 2004 and the present.SPECIAL INTERROGATOR Y NO. 4:

State the date(s) that each PERSON identified in response to SpecialInterrogatory N O. 3 HOS TED ww w.realitysteve.com .ANSW ER:

Yahoo Small Business hosted the website until January 26, 2010.www.StormonDemand.com has hosted the website from January 26, 2010 throughthe present.SPECIAL INTERROGATOR Y NO. 5:

IDENTIFY all agreements of any kind entered into between January 1,2004, and the present concerning advertising on vvw w.realitysteve.com .ANSW ER:

Defendant objects to this Special Interrogatory on the grounds that it is

overly broad, vague and unduly burdensome. Subject to the foregoing objectionsand without waiving same, Reality Steve has entered into agreements with thefollowing companies concerning advertising on the website: Google Adsense,


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Value Click, Lijit, CPMonly, Underground Media, Adtegrity, Vibrant, andGunggo.SPECIAL INTERROGATOR Y NO . 6:

IDENTIFY all PERSONS who have purchased advertising onwww.realitysteve.com between Jan uary 1, 2004, and the present.ANSWER:

There have been a small number of independent advertisers that have purchased advertising on the website. The advertisingpurchased was only for atwo-w eek period, and none o f the advertisers were in C alifornia.SPECIAL INTERRO GATO RY NO 7:

State all usem ame accou nts registered on w ww .realitysteve.com .ANSWER:

Defendant objects to this Special Interrogatory on the grounds that it isunduly burdensome and not calculated to lead to the discovery of admissibleevidence. Subject to the foregoing and withou t waiving same, Defend ant respondsas follows: there are approximately 17,000 users on www.realityseve.com , andeach user has logged onto the w ebsite and crated a usem ame at som e point in time.SPECIAL INTERROGATORY NO. 8:

For each of the username accounts identified in response to SpecialInterrogatory No. 7, state the email address affiliated w ith each account.

-6 -REALITY STEVE, LLC'S RESPONSES TO

NZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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ANSW ER:Defendant objects to this Special Interrogatory on the grounds that it is

unduly burdensome and not calculated to lead to the discovery of admissibleevidence. Subject to the foregoing and without waiving same, Defendant respondsas follows: there are approximately 17,000 users on www.realityseve.com , and

4each user has logged onto the w ebsite and crated a username at some point in time.The em ail addresses do not reflect the user's state of residence.SPECIAL INTERROGATOR Y NO. 9:

IDEN TIFY all PERSO NS w ho have a contractual relationship of any kindwith www.realitysteve.com .ANSW ER:

Yea! Networks, LLC220 E. Las C olinas BoulevardSuite C1 20Irving, Texas 75039Steve CookKris Drouet25502 Coral Wo od StreetLake Forest, California 92630

SPECIAL INTERROGATORY NO. 10:Describe YOUR contractual relationship with each PERSON identified in

response to Special Interrogatory No. 9.-7 -

REALITY STEVE, LLC'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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1 ANSWER: 2ea! Networks, LLC is a five percent (5%) owner of Reality Steve, LLC.3

Steve Cook is the manager of the Cooking Group, and was receiving a commission45 from w ww .realitysteve.com . Reality Steve's contractual relationship with Steve6 Cook ceased on February 15, 2012. Kris Drouet is an independent contractor who78 serves as Reality Steve's webmaster, and as such, receives a commission from9 www.realitysteve.com that is deposited in a bank account in Texas. The contract

1 0and the work that Mr. Drouet performs is done online and has nothing to do with

12 his residence. He could live and be anywhere in the world and do his work as an13 independent contractor, as long as he has internet access.1415 SPECIAL INTERROGATOR Y NO. 11:16 IDENTIFY all members of Reality Steve, LLC from January 1, 2004,1718 through the present.19 ANSWER:20 The members of Reality Steve, LLC have been, and currently are, Stephen2122 Carbone and Yea! Networks, LLC.23 SPECIAL INTERRO GATORY NO. 12:2425or each of the PERSONS identified in response to Special Interrogatory26 No. 11, state the date(s) each PERSO N was a mem ber of Reality Steve, LLC.2728 -8 -

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ANSWER:Stephen Carbone became a mem ber of Reality Steve, LLC on July 11 , 2011.

3Yea! Networks, LLC became a member of Reality Steve, LLC on August 17,42011.SPECIAL INTERROGATOR Y NO. 13:

7State the monthly number of visitors to www.realitysteve.com between

January 1, 2004, and the present.10

ANSWER:11www.realitysteve.com has approximately 2,000,000 visitors per m onth.

13 SPECIAL INTERROGATORY NO. 14:14

State the monthly num ber of visits to www .realitysteve.com by PERSONSlocated in California between January 1, 20 04, and the present.

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A N S W E R :Defendant objects to this Special Interrogatory on the grounds that it is

20 unduly burdensome and not calculated to lead to the discovery of admissible21evidence. Subject to the foregoing and without waiving same, I do not know. Thewebsite has approximately 2,000,000 visitors per month, and the email addresses

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SPECIAL INTERROGA TORY NO . 15:State the monthly number of visits to www.realitysteve.com by computers

located in California between January 1, 2004, and the present.ANSWER:

Defendant objects to this Special Interrogatory on the grounds that it isunduly burdensome and not calculated to lead to the discovery of admissibleevidence. Subject to the foregoing and without waiving same , I do not know . Theemail address of each p erson wh o visits the w ebsite does not indicate the locationof each person's computer.SPECIAL INTERROGA TORY NO. 16:

IDEN TIFY all bank accounts that YO U ow n or control in California.ANSWER:

Reality Steve, LLC does not ow n or control any bank accounts in C alifornia.SPECIAL INTERROGA TORY NO . 17:

IDENTIFY all sources of income that YOU derive from California,including all income derived from PER SON S w ho reside in California.ANSWER:

Reality Steve, LLC d oes not derive any income from California.

-10-REALITY STEVE, LLC'S RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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SPECIAL INTERROGA TORY N O. 18:IDENTIFY each time that YOU paid income taxes in California between

January 1, 2004, and the present.ANSWER:

Reality Steve, LLC has not paid any income taxes in California betweenJanuary 1, 2004 and the present.SPECIAL INTERROGA TORY NO. 19:

IDENT IFY all trips to California made on beha lf of YOU between Jan uary1, 2004, and the present.ANSWER:

Defendant objects to this Special Interrogatory because it is overbroad andunduly burdensome. Subject to these objections and w ithout waiving sam e, no tripshave been m ade to California on behalf of Reality Steve, LLC between Janu ary 1,2004 and the present.SPECIAL INTERR OGA TORY N O. 20:

Describe the purpose of each of the trips identified in response to SpecialInterrogatory No. 19.


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ANSWER:Defendant objects to this Special Interrogatory because it is overbroad and

3unduly burdensome. Subject to these objections and without waiving same, see4Answ er to Special Interrogatory No. 19.SPECIAL INTERROGA TORY NO. 21:

7IDENTIFY each PERSON from whom YOU received any information

concerning TH E B ACH ELOR SERIES between January 1, 2004, and the present.10

The term "THE BACHELOR SERIES," as used in these Interrogatories,shall mean "The Bachelor," "The Bachelorette" and/or the "Bachelor Pad"

13 television series.14

ANSWER:Defendant objects to this Special Interrogatory because it is overbroad,

17unduly burdensome, and not reasonably limited in scope to information that isrelevant to Defendant's objection to jurisdiction in California. Defendant further

20 objects because as stated, the interrogatory seeks irrelevant information not21reasonably calculated to lead to admissible evidence and information that isproprietary and subject to the journalistic privilege. Subject to these o bjections an d

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without waiving same, I do not recall any names, dates or details of possiblecommunications with California residents years go, but I do not believe I have

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made or received any communications with residents of California about non-public information concerning the Bachelor series since January 1, 2011.SPECIAL INTERROGA TORY NO . 22:

For each of the PERSONS identified in response to Special InterrogatoryNo. 21, state the date(s) that each PERS ON provided YOU with information aboutTHE BA CHELOR 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 is

proprietary and subject to the journalistic privilege. Subject to .these ob jections an dwithout waiving same, see A nswer to Special Interrogatory No. 21.SPECIAL INTERROGA TORY NO . 23:

IDENTIFY each public appearance that YOU made to promotewww.realitysteve.com between 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 to


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jurisdiction in Ca lifornia. Subject to the foregoing o bjections and w ithout waivingsame, D efendant responds as follows:

Appearances on W FA A Channel 8 in Dallas, Texas M arch 14, 2011.Ap pearance at Bailey's Prim e Plus in Dallas, Texas M arch 14, 2011.Three additional appearances on W FA A Channel 8 in Dallas, Texas.Various radio interviews, but not in California.

SPECIAL INTERROGA TORY NO . 24:

IDENTIFY each member of YOUR member Yea! Network, LLC, asidentified at page 7 of YOUR M OTION TO DISM ISS.

The term "MOTION TO DISMISS," as used in these Interrogatories, shallmean Defendants Stephen Carbone and Reality Steve, LLC's Motion to Dismissfor Lack of P ersonal Jurisdiction in this matter, filed on January 20, 2 012 .ANSWER:

See Defendants' Response to the Court's February 9, 2012 Order to ShowCause Re: Citizenship of Reality Steve, LLC and the Declarations and exhibitsfiled therewith.SPECIAL INTERROGA TORY NO. 25:

For each of the PERSONS identified in response to Special InterrogatoryNo. 24, state the date(s) each PER SON was a m ember of Yea! Network, LLC.

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NZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIESExhibit FPage 66

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ANSWER:See Defendants' Response to the Court's February 9, 2012 Order to Show

Cause Re: Citizenship of Reality Steve, LLC and the Declarations and Exhibitsfiled therewith. See also Defendan t's Answer to Sp ecial Interrogatory No . 12.

DATED: March it 2012BROW N FOX KIZZIA & JOHNSON PLLC

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By:Y1\ev ,D. Bradley Kizzia (PpAttorneys for Defendantand Reality Steve, LLC hen CarboneDATED : March y , 2012 LAW OFFICES OF GREGG A. FARLEYBy:1G glkyAttorneys for Defendants Stephen arboneand Reality Steve, LLC2232425

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Gregg A . Farley, SBN 11559 3 (local counsel)LAW OFFICES OF GREGG A. FARLEY11755 Wilshire 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) 613-3330bradbrownfoxlaw.comAttorneys for DefendantsSTEPHEN CARBONEand REALITY STEVE, LLC

UNITED STATES DISTRICT COURTCENTR AL DISTRICT OF CALIFORNIA, W ESTERN DIVISION

NZK PROD UCTIONS INC., aCalifornia corporation, and H ORIZO N )ALTERNATIVE TELEVISION INC., a) Case No.: CV11-10118-GHK (Ex)Delaware corporation,Plaintiffs,VS.ECLARATION OF STEPHENCARB ONE IN SUPPORT OFSTEPHEN CARBONE, an individual, STEPHEN CARBONE'S RESPONSESand REALITY STEVE, LLC, a Texas TO NZK PRODUCTIONS, INC.'Slimited liability corporation,IRST SET OF SPECIALDefendants.NTERROGATORIES

DECLARATION OF STEPHEN CARBONE-1-

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DECLARATION OF STEPHEN CARBONE1 , Stephen C arbone, declare and s tate:1y name is Stephen Carbone. I am a member of D efendant Reali ty Steve, LLC inthis l awsui t . I am capable of m aking this Declara t ion. I have read the a t tached answers toPlaintiff NZK Production Inc.'s First Set of Special Interrogatories, and every statementcontained therein is within my person al knowledge and is true and correct.I declare under penalty of per jury of the laws of the U ni ted S tates of America that theabove facts are true and co rrect, and that this Declaration was executed this 7 - 6 - day of March,

2012 in Dallas, Texas.

en Carbone for Real i ty Steve, LLC

DECLARATION OF STEPH EN CARBONE-2-

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PROOF OF SERVICE

STATE OF TEXAS, COUNTY OF DALLASAt the time o f service, I was over 18 years of age and not a party to this action. I a memployed in the Cou nty of Dallas, State of Texas. My business address is 8226 Do uglasAvenue, Suite 411, Dallas, Texas 75225On M arch 9, 2012 I served a true copy of the foregoing document described asDEFENDANT REALITY STEVE LLC'S RESPONSES TO PLAINTIFF NZKPRODUCT IONS INC.'S FIRST SET OF SPECIAL ITERROG ATORIES on the interestparties in this action as follows:Michael J. O'Conner, EsqAndrew W . DeFrancis, EsqKELLEY DRYE & WARREN LLP10100 Santa Mo nica Boulevard, Twenty-Third FloorLos Angeles, CA 90067-4008Tel: (310)712-6100Fax: (310) [email protected]@kelleydrye.com

Attorneys for Plainti NZK Productions, Inc. aCalifornia Corporation and Horizon AlternativeTelevision, Inc., a Delaware C orporationBY UNITED STATE POSTAL SERVICE: I enclosed a said document in an envelopeor package and addressed to the persons at the ad dresses 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.FEDE RAL: 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 S tate 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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EXHIBIT G TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT G TODECLARATION OF ANDREW W. DEFRANCIS



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KELLEY DRYE & WARREN LLP10100 SANTA MONICA BOULEVARD

TWENTY-THIRD FLOORLOS ANGELES, CALIFORNIA 90067-4008

TELEPHONE (310) 712-6100FACSIMILE (310) 712-6199

ANDREW W. DEFRANCIS310.712.8155Ma rch 15, 2012defranciskelleydrye.comVia Email and U.S. MailD. Bradley KizziaBrown Fox Kizzia & Johnson PLLC8226 Douglas Aven ue, Suite 411Dallas, TX 75225

Re: Defendan ts' Respo nses to NZ K P roductions Inc. 's Special InterrogatoriesNZ K P roductions Inc., et al. v. Steph en C arbone, et al.Cen tral District of California Case No . CV11-10118-GHK (Ex)

Brad:We have received Defendants Stephen Carbone and R eality Steve, LLC'sresponse s to P laintiff NZK Productions Inc.'s First Set of Spe cial Interrogatories, wh ichwere served o n M arch 9, 2012, and they are inadequate in a num ber of respects. Wewrite to initiate the meet and co nfer process pursu ant to Federal Rule of Civil Proced ure37 .Each of the interrogatories discus sed be low are entirely appropriate, and w e

sugges t that Mr. Carbone and Reali ty Steve, LLC reconsider their responses and issuesupplem ental responses to the interrogatories promptly. As you kno w, both Mr. Carboneand R eality Steve, LLC w ill be sitt ing for a de position concerning their m otion to dism issfor personal jurisdiction on Ap ril 4, 2012; accordingly, we are on a short timeline. If Mr.Carbone and Reali ty Steve, LLC refuse to supplemen t their responses ful ly, NZKProductions w ill request an order shortening time to m ove to com pel (or, in thealternative, will request that the Court continue the hearing o n Defen dants' mo tion todismiss for lack of person al jurisdiction so that Plaintiffs may properly defen d thechallenge).I.e fendant S tephen Carbon e 's Respon ses to Spec ia l In te r roga tor ies

First, Defendan t Stephen Carbo ne applies artif icial and unfoun ded limitations toman y of his responses . For example, in response to Sp ecial Interrogatory No. 1, whichrequests that Mr. Carbone "[I ]dentify all persons w ho con tacted [him] [email protected] concerning the B achelor Series betwe en Jan uary 1, 2004, andthe present," Mr. Carbone d oes no t identify a single person who co ntacted him. Instead,he claims that he "doe s not recall any nam es, dates or details of possiblecom mu nications w ith California residents years go [sic], but I do not believe I haveExhibit GPage 71



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KELLEY DRYE & WARREN LLP

D. Bradley K izziaMarch 15, 2012Page 2

made or received any comm unications w ith residents of C al ifornia about n on-publ icinformation concerning the B achelor series since January 1, 2011."There are several problems with this respon se. First, the persons who contactedMr. Carbone since Janu ary 1, 2004, are readi ly identif iable by consult ing the em ailaddress referenced in the interrogatory, for w hich nothing should have been deletedrelated to the Bachelor Series since at least last No vem ber. Second, the interrogatorydoes n ot l imit itself to California residents that contacted M r. Carbone, nor do es it l im iti tself to "non -pub lic information" co ncerning the Bachelor S eries; rather, theinterrogatory requests "all persons" who contacted Mr. Carbone "concerning theBachelor Series." Final ly, as seen througho ut Mr. Carbon e's respo nses, Mr. Carbon eapplies a unilateral date restriction on his response, i .e., "since January 1, 2011." NZK

Productions requests that Mr. Carbone supp lement his response to SpecialInterrogatory No. 1 forthwith.In addition, several of Mr. Carbon e's other interrogatory respo nses s uffer fromthe sam e defic iencies, including No s. 2 (which references the resp onse to No . 1), 3, 4(which references the respons e to N o. 3) , 5 , 6 (which references the respo nse to N o. 5) ,7, 8 (wh ich references the respo nse to N o. 7) , 12, and 13 (w hich references therespon se to No. 12) . Accordingly, NZK P roductions reque sts that Mr. Carbon esupp lemen t his respo nses to S pecial Interrogatory No s. 2 through 8, 12, and 13, aswell.Secon d, in respo nse to S pecial Interrogatory No . 10, which asks Mr. Carbon e to

"[ i ]denti fy each interview [he] gave concerning the Bachelor Series betw een Jan uary 1,2004, and the prese nt," Mr. Carbo ne fai ls to provide an y respon se other thanreferencing his respon se to S pecial Interrogatory No. 9 and adding, "there were v ariousradio interviews, but no ne in C al ifornia." This respon se is un acceptable. The FederalRules provide for broad discovery, and according to R ule 26(b) (1) , "[p]arties m ay ob taindiscovery regarding any no nprivileged matter that is relevant to any party's claim o rdefense." NZK Productions is ent i t led to kno w the date and stat ion that broadcast al l ofMr. Carbon e's interviews , regardless of w hether they occurred in Cal i fornia or not . I fthose interviews were transm itted in Cal i fornia or were picked up by a nat ional netwo rk,for instance, those wou ld certainly impact the Cou rt's ruling on person al jurisdiction.Third, in resp ons e to S pecial Interrogatories No s. 14, 15, 16, and 17, Mr.Carbon e uni laterally l im ited each of his responses to "since Janua ry 1, 2011," whenthere was n o such date l imitation on the interrogatories. Although NZK Productions w illagree to a date l imitation, i t wi ll certainly not agree to one in 2011. NZK Productionsrequests that Mr. Carbone su pplem ent these respons es, at least regardingcom m unications since January 1, 2004.

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Finally, in response to Special Interrogatory No. 18, M r. Carbone indicates thathe "visited California approximately five (5) six (6) times per year from January 1,2006 through the present," but he fails to provide any additional details. As defined inthe Special Interrogatories, the term "identify" means, "as to an event. . . stating itsdate, the location and the manner of its occurrence, [etc.]." NZK Productions requeststhat Mr. Carbone provide at least each of the dates that he traveled to and fromCalifornia since January 1, 2004 .As you know, on Jan uary 31, 2012, the Cou rt granted Plaintiffs' ex parteapplication for an order permitting Plaintiffs to conduct jurisdictional discovery, "including

but not limited to. . . propounding interrogatories[.]" That said, NZK Productions isparticularly concerned about M r. Carbone's inadequate responses given the upcom ingApril 4, 2012, deposition on personal jurisdiction. NZK Productions needs completeresponses to these Spe cial Interrogatories be fore that deposition so that it may properlyexamine M r. Carbone and oppose Mr. Carbone's motion to dismiss for lack of personaljurisdiction.I I .efendant Reality Steve, LLC's Responses to Special InterrogatoriesReality Steve, LLC's responses to NZK Productions' First Set of SpecialInterrogatories are also deficient. For examp le, in response to Special Interrogatory No.3, Reality Steve, LLC fails to provide any con tact information for the parties thathost(ed) ww w.realitysteve.com , and in response to Special Interrogatory No. 5, it fails toprovide any contact information for the parties to or dates of the agreementsconcerning advertising on www .realitysteve.com . NZK Productions requests that RealitySteve, LLC supplement its response to these two interrogatories, given that the term"identify" is defined in the S pecial Interrogatories and requires contact information anddates. This information is highly relevant to D efendants' personal jurisdiction objections.

In response to S pecial Interrogatory No. 6, Reality Steve, LLC p rovides noresponse. NZK Productions requests that Reality Steve, LLC identify all persons thatpurchased ad vertising on www .realitysteve.com between January 1, 2004, and thepresent, notwithstanding Re ality Steve, LL C's com ment that "[t]he advertisingpurchased wa s only for a two-week p eriod, and none of the advertisers were inCalifornia." Those objections certainly do not entitle Reality Steve, LLC to not providedetails about anybody who purchased su ch advertising.NZK Productions similarly requests that Reality Steve, LLC supplement itsresponse to S pecial Interrogatory No. 9 as it relates to Steve C ook. Wh ile Reality Steve,LLC p rovides contact information for Yea! Networks, LLC a nd Kris Drouet, it does notprovide contact information for M r. Cook. Wh ile a subsequen t response later identifiesthat Reality Steve, LLC 's contractual relationship with M r. Cook end ed on February 15,

Exhibit G299238.1.docage 73



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2012 the day NZK Productions served i ts Requests for Production in this m atter thatdoes n ot permit Reality Steve, LLC to withhold Mr. Coo k's contact information.In response to Sp ecial Interrogator ies Nos . 14 and 15, Reality Steve, LLCindicates that it "do[es] n ot kno w" w hat num ber of the 2,000,000 visitors towww.realitysteve.com per m onth visit from California, given that the "em ail address " ofthe visitors does no t disclose their location. Ho wev er, location data is easily found inreference to IP tracking logs that webmasters control. NZK Productions requests thatReality Steve, LLC su pplement those two responses accordingly.Finally, like Mr. Carbone's responses, Reality Steve, LLC seem s to em ploy thestrategies of emp loying unilateral and un acceptable date lim itations an d choosing not to

answ er the interrogator ies that were requested. Fo r the reasons set forth abov e, NZKProductions requests that Reality Steve, LLC supplement i ts responses toInterrogator ies N os. 21, 22 and 23.Regrettably, as delineated above, bo th Mr. Carbone's and Reality Steve, LLC'sresponses com pel the conclusion that NZK Produ ctions m ay need to quickly move tocomp el supplemental responses if they do not reconsider i ts positions. How ever, wehope that we can resolve these m atters informally, so please let us know youravailability to discuss as soon as possible.Please do no t hesitate to call with any qu estions.

Best Regards,G > )

Andrew W . DeFrancisK E L L EY D R Y E & W A R R E N L L P

cc:regg A. Fa r ley (v ia em ail)Michael J. O'Conno r (v ia em ail)Exhibit G

299238.1.docage 74Case 2:11-cv-10118-GHK-E Document 36-2 Filed 04/26/12 Page 24 of 54 Page ID #:459


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EXHIBIT H TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT H TODECLARATION OF ANDREW W. DEFRANCIS



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NZK PRO DUCTIONS INC. , aCalifornia cormation,and HORIZONALTERN ATIVE TELEV ISION INC. , aDelaware corporation,Plaintiffs,

V .STEPHE N CAR BON E, an individual,REALITY STEV E, LLC, a Texaslimited liability corporation, and DOES1 through 10, inclusive,

Defendants.

E-FILED 03/30/2012

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UNITED STATES DISTRICT COUR TCENTRAL D ISTRICT OF C ALIFORNIA, WESTERN DIVISION

CASE N O. CV11-10118 GHK (Ex)[PROPOSED] ORDER GR ANTINGPLAINTIFFS' E X P A R T EAPPLICATION TO CONTINUEHEARING DATE ONDEFENDANTS' MOTION TODISMISS BY 60 DAYS TO PERM ITTIME TO COMPEL AND R ECEIVESUPPLEMENTAL RESPONSES TOJURISDICTIONAL D ISCOVERY

CV11-10118 GBK (Ex)TO CONTINUE ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATIONDATE ON DEFEND ANTS' MOTION TO DISMISS BY 60 DAYS TO PERMITTIME TO COMPEL AND RECEIVE SUPPLEMENTAL RESPONSES TO JURISDICTIONAL DISCOVERY

Exh ibit HPage 75



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The C ourt has reviewed Plaintiffs NZK Productions Inc. and HorizonAlternative T elevision Inc. (collectively, "Plaintiffs") ex parte application("Application") to continue the hea ring date on the motion to d ismiss f iled byDefendants Stephen Carbon e and R eality Steve, LLC (collectively, "Defendants")by sixty (60) days to perm it Plaintiffs time to com pel and receive sup pleme ntalresponses to the jurisdictional discovery they propoun ded, as well as any responsefi led by Defendants . Having found goo d cause,

IT IS H EREB Y O RDER ED that Plainti ffs ' Appl icat ion i s GRA NTE D.The hearing date on D efendants' Motion to Dismiss for Lack of Personal

Jurisdiction shall be continued from M ay 20, 2012, at 9:30 a.m., to 7/23/2012 at9:30 a.m..

Dated th is 30 day of M arch 2012.

B y

299397.1.docV11-10118 GBK (Ex)ROPOSEDLORDER GRANTING PLAINTIFFS' EX PARTE APPLICATIONTO CONTINUTH EARING DATE ON DEFEN DANTS' MOTION TO DISMISS BY 60 DAYS TO PERMITT I M E T O C O M P E L A N D R E C E I V E SU P P L E M E N T A L R E SP O N SE S T O J U R I SD I C T I O N A L D ISC O V E R YExhibit HPage 76

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EXHIBIT I TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT I TODECLARATION OF ANDREW W. DEFRANCIS



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Gregg A. Farley, SBN 115593LAW O FFICES OF GREGG A. FARLEY11755 Wilshire Blvd., Ste. 1845Los Angeles, CA 9002 5Telephone: (310) 445-4024Facsimile: (310) [email protected]. Bradley Kizzia (Pro Hac V ice)BROW N FOX KIZZIA & JOHNSO N PLLC8226 D ouglas Avenue, Suite 411Dallas, Texas 75225Telephone: (469) 893-9940Facsimile: (214) [email protected] for DefendantsSTEPHEN CARBONEand REALITY STEVE, LLC

UNITED STATES DISTRICT COURTCENTR AL DISTRICT OF CALIFORNIA, W ESTERN DIVISION

NZK PRO DUCTIONS INC., aCalifornia corporation, and HO RIZON )ALTERNATIVE TELEVISION INC, a) Case No.: CV11-10118-GHK (Ex)Delaware corporation,Plaintiffs,VS.STEPHE N CA RBO NE, an individual,and REALITY ST EVE, LLC, a Texaslimited liability corporation,

DEFENDANT STEPHENCARBONE'S SUPPLEMENTALRESPONSES TO PLA INTIFF NZKPROD UCTIONS INC . 'S FIRST SETOF SPECIAL INTERROGATORIES

Defendants.

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

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PROPOUNDING PARTY: PLAINTIFF NZK PRODUCTIONS INC.RESPONDING PARTY:EFENDANT STEPHEN CARBONESET NO.:NETO: THE PAR TIES AND TO THEIR ATTOR NEYS OF R ECOR D:

The Plaintiffs have agreed to narrow the scope of Plaintiff NZK ProductionsInc.'s First Set of Special Interrogatories to information from January 1, 2009 tothe present. All supplemental responses set forth herein will thus be limited to suchtime frame. Accordingly, in addition to the responses previously served, DefendantStephen Carbone hereby provides the following supplemental information:SPECIAL INTERROGATORY NO . 1:

IDENTIFY all PERSONS who contacted YOU at [email protected] THE BAC HELO R S ERIES between January 1, 2004, and the present.

The term "IDE NT IFY," 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 personother than an individual, stating its legal name and any other names 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 company), and the address of its principal place ofbusiness; (c) as to any document, its author, recipient, sender, date(s), its subject

-2-STEPHEN CARBONE'S SUPPLEMENTAL RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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matter, 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 IDENTIFY any document referring to or concerning saidevent, transaction, or occurrence.

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 Bachelorette" 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 further

-3 -STEPHEN CARBONE'S SUPPLEMENTAL RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

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objects because as stated, the interrogatory seeks irrelevant information notreasonably calculated to lead to admissible evidence and information that isproprietary and su bject to the journalistic privilege. Sub ject to these objections andwithout wa iving same, and in add ition to the information previously provided: I donot recall any names, dates or details of possible communications with Californiaresidents years ago, but I do not believe I have made or received anycom mu nications with residents of California under contract of confidentiality withPlaintiff about non-public information concerning the Bachelor series sinceJanuary 1, 2009.SPECIAL INTERROGATORY NO. 3:

IDENTIFY all PERSONS who YOU contacted [email protected] 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 sub ject to the journalistic privilege. Subject to these objections and


Exhibit IPage 80

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without w aiving same, and in ad dition to the information previously provided: I donot recall any names, dates or details of possible communications with Californiaresidents years ago, but I do not believe I have made or received anycom mu nications with residents of California under contract of confidentiality withPlaintiff about non-public information concerning the Bachelor series sinceJanuary 1, 2009.SPECIAL INTERROGATORY NO . 5:

IDENTIFY all PERSONS who contacted YOU at twitter.com/realitysteveconcerning THE BA CH ELO R SER IES 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 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 sub ject to the journalistic privilege. Subject to these objections andwithout w aiving same, and in add ition to the information previously provided: I donot recall any names, dates or details of possible communications with Californiaresidents years ago, but I do not believe I have made or received any twitter


Exhibit IPage 81

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communications with residents of California about non-public informationconcerning the Bachelor series since January 1, 2009.SPECIAL INTERROGATORY NO . 7:

IDENTIFY all PERSONS who YOU contacted from

twitter.com/realitysteve concerning THE BACHELOR SERIES between January1 , 2004, and the present.ANSW ER:

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 o bjections andwithout waiving sam e, and in addition to the information previously provided: I donot recall any names, dates or details of possible communications with Californiaresidents years ago, but I do not believe I have made or received any twittercommunications with residents of California about non-public informationconcerning the Bachelor series since January 1, 2009.


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SPECIAL INTERROGA TORY NO. 10:IDENTIFY each INTERVIEW YOU gave concerning THE BACHELOR

SER IES between 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 tojurisdiction in California. Subject to the foregoing objections and without w aivingsame, and in addition to the information previously provided:

B96 - Chicago, Illinoishttp://b96.cbs1ocal.com/Show biz Shelly ShowJanuary 10, 2012WSN X - G rand Rapids, Michiganhttp://www.1045snx.com/main.htmlThe "Mo rning After" ShowJanuary 2010; March 2010; May 2010; August 2010; September 2010;January 2011; March 2011; May 2011; August 2011; September 2011;January 2012; March 2012

-7 -STEPHEN CARBONE'S SUPPLEMENTAL RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

Exhibit IPage 83

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KISS FM - Dallas, Texashttp://kiddnation.com/Kidd K raddick in the MorningJanuary 2010; March 2010; May 2010; August 2010; September 2010;January 2011; March 2011; May 2011; August 2011; September 2011;January 3, 2012; March 2012Play 98.7 - Tampa, Flahttp://p1ay987.radio.com/That Guy K ramer Morning ShowJanuary 2012KISS F M 92 .5 - Toronto, Canadahttp://www.kiss925.com/roz-and-mocha/Roz & Mocha ShowJanuary or early February 2012W PRO 99.7 FM - Providence, Rhode Islandhttp://630wpro.com/defaultaspThis Week in Entertainment with Bekah BergerJanuary 2011; July 2011; February 2012Podcast interview CelebritySideDishAugust 8 and A ugust 9, 2010Internet interviewwebpronews.com (via skype)June 14, 2011

SPECIAL INTERROGA TORY NO . 12:IDENTIFY each PERSON from whom YOU received any information

concerning TH E BA CH ELO R SER IES between January 1, 2004, and the present.

-8 -STEPHEN CARBONE'S SUPPLEMENTAL RESPONSES TO


Exhibit IPage 84

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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 sub ject to the journalistic privilege. Subject to these objections andwithout w aiving same, and in ad dition to the information previously provided: I donot recall any names, dates or details of possible communications with Californiaresidents years ago, but I do not believe I have made or received anycom mu nications with residents of California under contract of confidentiality withPlaintiff about non-public information concerning the Bachelor series sinceJanuary 1, 2009.SPECIAL INTER ROGA TORY NO. 14:

IDENTIFY all communications that YOU initiated with any PERSON whois or was a resident of California concerning the BA CH ELO R SE RIES .ANSWER:

Defendant objects to this Special Interrogatory because as stated, theinterrogatory seeks irrelevant information not reasonably calculated to lead toadmissible evidence and information that is proprietary and subject to the


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journalistic privilege. Subject to these objections and w ithout waiving sam e, and inaddition to the information previously provided: I do not recall any nam es, dates ordetails of possible communications with California residents years ago, but I do notbelieve I have made or received any communications with residents of Californiaunder contract of confidentiality with Plaintiff about non-public informationconcerning the Bachelor series since January 1, 2009.SPECIAL INTERROGA TORY NO . 15:

IDENTIFY all communications that YOU initiated with any PERSON whois or was a resident of California concerning www.realitysteve.com .ANSWER:

Defendant objects to this Special Interrogatory because as stated, theinterrogatory seeks irrelevant information not reasonably calculated to lead toadmissible evidence and information that is proprietary and subject to thejournalistic privilege. Subject to these objections and w ithout waiving sam e, and inaddition to the inform ation previously provided: I do not recall any names, dates ordetails of possible comm unications with California residents years ago, but I do notbelieve I have made or received any communications with residents of Californiaunder contract of confidentiality with Plaintiff about non-public informationconcerning the Bachelor series since January 1, 2 009.


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SPECIAL INTERROGA TORY NO . 16:IDENTIFY all communications that YOU received from any PERSON who

is or was a resident of California concerning TH E BA CH ELOR SERIES.ANSWER:

Defendant objects to this Special Interrogatory because as stated, theinterrogatory seeks irrelevant information not reasonably calculated to lead toadmissible evidence and information that is proprietary and subject to thejournalistic privilege. Subject to these objections and without waiving same, and inaddition to the information previously provided: I do not recall any names, dates ordetails of possible comm unications with California residents years ago, but I do notbelieve I have made or received any communications with residents of Californiaunder contract of confidentiality with Plaintiff about non-public informationconcerning the Bach elor series since January 1, 2009.SPECIAL INTERROGA TORY NO . 17:

IDENTIFY all communications that YOU received from any PERSON whois or was a resident of C alifornia concerning w ww .realitysteve.com .ANSWE R:

Defendant objects to this Special Interrogatory because as stated, theinterrogatory seeks irrelevant information not reasonably calculated to lead toadmissible evidence and information that is proprietary and subject to the

- 1 1 -STEPHEN CARBONE'S SUPPLEMENTAL RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

Exhibit IPage 87

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journalistic privilege. Subject to these objections and w ithout waiving sam e, and inaddition to the information previously provided: I do not recall any names, dates ordetails of possible comm unications with California residents years ago, but I do notbelieve I have made or received any communications with residents of Californiaunder contract of confidentiality with Plaintiff about non-public informationconcerning the Bach elor series since January 1, 2009.SPECIAL INTERROGA TORY NO . 18:

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

Defendant objects to this Special Interrogatory because it is overbroad andunduly burdensome. S ubject to these objections and without waiving same, and inaddition to the information previously provided: Defendant usually stays with hissister in Huntington Beach. On one occasion in April, 2011, Defendant stayed atthe Standard Hotel in Los An geles for one night.


Exhibit IPage 88

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123456

BROWN FOX KIZZIA & JOHNSON PLLC

By:D. Bradley Kihic Vice)Attorneys for Defen ants Stephen Carboneand Reality Steve, LLC8910111213141 516171819202122232425262728

-13-STEPHEN CARBONE'S SUPPLEMENTAL RESPONSES TO


Exhibit IPage 89

DATE D: April / , 2012



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Stephen Cthb5ne

DECLARATION OF STEPHEN CARBONEI, Stephen Carbone, declare and state:I.y name is Steph en Carb one. I am a Defendant in this lawsuit . I am cap able o fmaking this Declarat ion. I have read the at tached supp lemental answ ers to Plaint if f NZKProduction Inc. 's First Set of S pecial Interrogatories, and every stateme nt con tained therein iswithin my personal knowledge and is true and correct.I declare under pena lty of perjury of the laws of the Un ited States of America that theabove facts are true and correct, and that this Declaration was executed this V *-- ay of April,

2012.

DECLARATION OF STEPHEN CARBONE-2 -Exhibi t IPage 90

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PROOF OF SERVICE

STATE OF TEXAS, COUNTY OF DALLASAt the time of service, I was over 18 y ears of age and not a party to this action. I amem ployed in the County o f Dallas, State of Texas. My business address is 8226 DouglasAvenue, Suite 411, Dallas, Texas 75225.On April 9 _ , 2012 I served a t rue copy of the foregoing doc umen t described as

DEFENDANT STEPHEN CARBONE'S SUPPLEMENTAL RESPONSES TOPLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIALINTERROGATORIES on the interested parties in this action as follows:

Michael J. O'Conner, EsqAndrew W . DeFrancis, EsqKELLEY DRYE & WARREN LLP10100 Santa Monica Boulevard, Twenty-Third FloorLos Ang eles, CA 90067-4008Tel: (310)712-6100Fax: (310) [email protected]@kelleydrye.comAttorneys for Plaintiff1VZK Productions, Inc. aCalifornia Corpora tion a nd H orizon AlternativeTelevision, Inc. , a Delaware CorporationBY UNITED STATE POST AL SERVICE: I enclosed a said document in an envelopeor package and addressed to the persons at the ad dresses l isted in the Service List. I placed theenvelope or packag e for co llection at an office or regularly utilized drop box o f Un ited StatesPostal Service or delivered such document to a courier or driver authorized by the United StatesPostal Service.FED ER AL: I declare under penal ty of perjury under the laws of the U nited States ofAmerica that the foregoing is true and correct and that I am a member of the State Bar of Texasand ha ve been adm itted to practice before this Court Pro Hac Vice.Executed on April 9 , 2012, at Dallas, Texas.

154D. BradleySTEPHEN CARBONE'S SUPPLEMENTAL RESPONSES TO


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EXHIBIT J TODECLARATION OF ANDREW W. DEFRANCIS

EXHIBIT J TODECLARATION OF ANDREW W. DEFRANCIS



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Gregg A. Farley, SBN 115593LAW OFFICES OF GREGG A. FARLEY11755 Wilshire Blvd., Ste. 1845Los Angeles, CA 900 25Telephone: (310) 445-4024Facsimile: (310) [email protected] . Bradley K izzia (Pro Hac V ice)BROWN FOX KIZZIA & JOHNSON PLLC8226 D ouglas Avenue, Suite 411Dallas, Texas 75225Telephone: (469) 893-9940Facsimile: (214) [email protected] for DefendantsSTEPHEN CARBONEand REALITY STEVE, LLC

UNITED STATES D ISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA, WESTERN D IVISION

NZK PROD UCTIONS INC., aCalifornia corporation, and HORIZONALTERNA TIVE TELEVISION INC.,Delaware corporation,Plaintiffs,

VS.

STEPHEN CAR BON E, an individual,and REALITY S TEVE, LLC, a Texaslimited liability corporation,

))a) Case No.: CV1 1-10118-GHK (Ex))))) DEFENDANT REALITY STEVE,) LLC'S SUPPLEMENTAL) RESPONSES TO PLAINTIFF NZK) PRODUCTIONS INC.'S FIRST SET) OF SPECIAL INTERROGATORIES)Defendants.REALITY STEVE, LLC'S SUPPLEMENTAL RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIESExhibit J

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PROPOUNDING PARTY: PLAINTIFF NZK PRODUCTIONS INC.RESPONDING PARTY:EFENDANT REALITY STEVE, LLCSET NO.:N ETO: THE PARTIES AND TO THEIR ATTORNEYS OF RECORD :

The Plaintiffs have agreed to narrow the scope of Plaintiff NZK ProductionsInc.'s First Set of Special Interrogatories to information from January 1, 2009 tothe present. All supplemental responses set forth herein will thus be limited to suchtime frame. Accordingly, in addition to the responses previously served, DefendantReality Steve, LLC hereby provides the following supplemental information:SPECIAL INTERROGATORY NO. 3:

IDENTIFY each PERSON who HOSTED www.realitysteve.com betweenJanuary 1 , 2004, and the present.

The term "HO ST ED ," as used in these Interrogatories, shall mean the act ofproviding server space, internet services, and/or file maintenance for websites.ANSWE R:

In addition to the information previously provided:Yahoo Sm all BusinessHosted the website until January 26, 201 0701 First Avenue, Sunnyvale, California 94089(866) 781-9246

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-2-REALITY STEVE, LLC'S SUPPLEMENTAL RESPONSES TO


Exhibit JPage 93



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StormonDemand.comHosted the w ebsite from January 26, 2010 until the present4210 S. Creyts Road, Lansing, M ichigan 48917(877) 330-7660SPECIAL INTERROGATORY NO. 5:

IDENTIFY all agreements of any kind entered into between January 1,2004, and the present concerning advertising on wwv v.realitysteve.com .ANSWE R:

Defendant objects to this Special Interrogatory on the grounds that it isoverly broad, vague and unduly burdensome. Subject to the foregoing objectionsand w ithout waiving same, and in addition to the information previously provided:

Google Adsensewww.google.com/adsenseValue Clickwww.valueclick.comDavid [email protected] [email protected] Onlycpmonly.comRobert [email protected]



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Adtegritywww.adtegrity.comLiz WelchLiz.welch@adtegrity.comVibrantwww.vibrantmedia.cornGunggowww.gunggo.comDaniel [email protected] [email protected] Mediawww.underdogmedia.comLizzy M [email protected] [email protected]

SPECIAL INTERROGATORY NO. 6:IDENTIFY all PERSONS who have purchased advertising on

www.realitysteve.com between Jan uary 1, 2004, and the present.ANSWE R:

In addition to the information previously provided: see Answer to SpecialInterrogatory No. 5.



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

with vvww.realitysteve.com .ANSWER:

In addition to the inform ation previously provided:Stephen Cook414 Woodlake DriveAllen, Texas 75013

SPECIAL INTERROGA TORY NO . 21:IDENTIFY each PERSON from whom YOU received any information

concerning THE BA CH ELO R SER IES between January 1, 2004, and the present.The term "THE BACHELOR SERIES," as used in these Interrogatories,

shall mean "The Bachelor," "The Bachelorette" 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 and



Exhibit JPage 96

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without w aiving same, and in add ition to the information previously provided: I donot recall any names, dates or details of possible communications with Californiaresidents years ago, but I do not believe I have made or received anycom mun ications with residents of California under contract of confidentiality withPlaintiff about non-public information concerning the Bachelor series sinceJanuary 1, 2009.SPECIAL INTERROGA TORY NO . 23:

IDENTIFY each public appearance that YOU made to promotewvvw.realitysteve.com between January 1, 20 04, 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 waivingsame, and in addition to the information previously provided: D efendant respondsas follows:

B96 - Chicago, Illinoishttp://b96.cbslocal.com/Showbiz Shelly ShowJanuary 10, 2012W SNX - Grand Rapids, Michiganhttp://www.1045snx.com/main.htmlThe "M orning After" Show

-6 -REALITY STEVE, LLC'S SUPPLEMENTAL RESPONSES TONZK PRODUCTIONS, INC.'S FIRST SET OF SPECIAL INTERROGATORIES

Exhibit JPage 97

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January 2010; March 2010; May 2010; August 2010; September 2010;January 2011; March 2011; May 2011; August 2011; September 2011;January 2012; March 2012KISS FM - Dallas, Texashttp://kiddnation.com/Kidd K raddick in the M orningJanuary 2010; March 2010; May 2010; August 2010; September 2010;January 2011; March 2011; May 2011; August 2011; September 2011;January 3, 2012; March 2012Play 98.7 - Tampa, Flahttp://p1ay987.radio.com/That Guy Kramer M orning ShowJanuary 2012KISS FM 92.5 - Toronto, Canadahttp://www.kiss925.com/roz-and-mocha/Roz & Mocha ShowJanuary or early February 2012W PRO 99.7 FM - Providence, Rhode Islandhttp://630wpro.com/default.aspThis Week in Entertainment with Bekah BergerJanuary 2011; July 2011; February 2012Podcast interviewCelebritySideDishAugu st 8 and August 9, 2010Internet interviewwebpronews.com (via skype)June 14, 2011

-7 -REALITY STEVE, LLC'S SUPPLEMENTAL RESPONSES TO


Exhibit JPage 98

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B y:

DATED : April2012 BROW N FOX K -IZZIA & JOHNSON PLLCD. Bradley Kizzia Pice)Attorneys for De ens nts Stephen Carboneand Reality Steve, LLC

-8 -REALITY STEVE, LLC'S SUPPLEMENTAL RESPONSES TO


Exhibit JPage 99

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DECLARATION OF STEPHEN CARBONE

I, Stephen Carbone, declare and state:1.y name i s S tephen Carbone. I am a m ember of D efendant Real ity S teve, LLC inth is lawsui t. I am capab le of ma king th is De clara tion . I have read the a t tached supplem entalanswe rs to Pla in t if f NZK Prod uc t ion Inc . 's F i r s t Se t o f Sp ec ia l In te rroga tor i es , and eve rystatement contained therein is within my personal knowledge and is true and correct.I declare under penal ty of perjury of the laws of the U ni ted S ta tes of Am erica that the

above facts are t rue and correct , and that this Declarat ion was executed this t il day of April ,2012.

D E C L A R A T I O N O F S T E P H E N C A F t B O N E-2 -

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PROOF OF SERVICE

STATE OF TEXAS, COUNTY OF DALLASAt the time of service, I was over 18 years of age and not a party to this action. I amemployed in the C ounty of D allas, State of Texas. My business address is 8226 Do uglasAvenue, Suite 411, Dallas, Texas 75225.On A pril q , 2012 I served a true copy of the foregoing document described as

DEFENDANT REALITY STEVE LLC'S SUPPLEMENTAL RESPONSES TOPLAINTIFF NZK PRODUCTIONS INC.'S FIRST SET OF SPECIALITERR OG ATO RIES on the interested parties in this action as follows:

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.comAttorneys for Plaintiff NZK Productions, Inc. aCalifornia Corporation and Ho rizon AlternativeTelevision, Inc., a Delaware C orporationBY UNITE D ST ATE POS TAL SERV ICE: I enclosed a said document in an envelopeor package and addressed to the persons at the add resses 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 docum ent to a courier or driver authorized by the United StatesPostal Service.FED ER AL : I declare under penalty of perjury under the laws of the U nited States ofAm erica that the foregoing is true and correct and that I am a m ember of the State Bar of T exasand have been a dmitted to practice before this Court Pro Hac Vice.Executed on April2012, at Dallas, Texas.

D.o - v 4D. Brad

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andrew defrancis declaration: exhibit f-j

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