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. . 0 j~ , .. , . SUPREME COURT OF THE STATE OF NEW YORK il COUNTY OF NEW YORK «. - - - - - - - - - - - - - - - - - - - - - 1 ~ ROBERT BRIAN ASSOCIATES, INC., t Plaintiff, ~~ ' -against- ` LOEW'S THEATRES, INC. I Defendant. I Index No. 6859/77 NOTICE FOR DISCOVERY AND INSPECTION il PLEASE TAKE NOTICE that pursuant to Rule 3120 of the Civil Practice Law and Rules, you are hereby required to produce and permit the plaintiff, its attorneys, or other-persons desig- nated by it to act on its behalf, to inspect and copy the docu- ments requested on May 6, 1980 at the offices of LEONARD R. GLASS, 485 Madison Avenue, New York, New York, 15th floor at 10 O'clock in the morning. N INSTRUCTIONS i, 1. If defendant claims any exception with respect to ' II , i ~ any documents, it is requested that defendant shall specify ~ i~i the date, nature, and substance of each document as would explain ', ~' the claim of exception and retain all such documents withheld ~~ pending a determination of the validity of the exception•asserted.; j 037094rdi0 )~ 2. With respect to each document produced, it is re- ; i i quested that you indicate the paragraph number of this request in ; T ~ ; response to which production is made. I

3. Unless otherwise specifically indicated, the~time period covered by this request for documents is September 15, 1970 to the time when this request for documents is served. Documents originating before or after the above period of time, but which relate to this request should be produced pursuant to this demand. 4. This demand is intended to cover all documents in defendant's possession or subject to its custody or control. 5. There shall be a continuing duty on defendant to furnish additional documents as and when such further documents become known or available. I DEFINITIONS f As used here: A. "Robert Br_ian" means plaintiff Robert Brian Associates, Inc. "Loew's means defendant Loew's Theatres, Inc. "Lorillard" means the Lorillard Division of Loew's. Any referemce herein to the above entities shall include their officers, directors, attorneys, employees, and agents. B. "Kent Steak Knife Promotion", "Kent Shopping Bag Sweepstakes", "Kent Gallery" and "Kent Thermal Coffee Mtig Promotion" refers to the promotions described in plaintiff's Complaint C . _ W .~ f O r'a ~ -2- N

t .~i q , e.. C. "Documents" refers to any written or graphic'matter, .. however produced or reproduced, including but not limited to, originals (or copies where originals are unavailable) of all letters, memoranda, telegrams, correspondence, records, notes, telephone records, schedules, reports, contracts, purchase orders, invoices, promissory notes or other instruments or evidence of indebtedness, cancelled checks or other evidences of payment or release, minutes of meetings, inter-office communica- tions, results of investigations, working papers, computer data, stenographers' notebooks, and other writings of any kind and including not only originals of such documents but all photo- static or microfilmed copies in whatever form and all sound re- ~ ~ ~ ~ c ! i cordings cordings in whatever form. ; i D. "Concerning" includes: with respect to, referring ~ to, relating to, purportin5, embodying, establishing, evidencing,i compri'sing, connected with, commenting on, responding to, ~ showing, describing, analyzing, reflecting, presenting or con- I stituting. ~ E:""Person" or "Persons" mean all individuals, partner- ships, associations, corporations, joint ventures, trusts, es- tates or other business, government or legal entities. 03'703,1412 F. "Art work" refers to concepts, designs, art, copy, including but not limited to completion of finished art ready for camera, typesetting, finished photography, illustrations, stats, mecharficals, package designs, shipping carton graphics and other graphics. i -3-

,. . ,:,G, "Production work" refers to any materials or pro- ducts, other than art work and premiums, used in a promotion, including but not limited to,shipping labels, promotional informa- tion and instruction sheets, sales presentation materials, salesmens' leave behind, sales incentive programs, sales exhibits, window displays, floor displays, counter displays, other display items, shelf talkers, shelf danglers, posters, mo- bils, over the wire banners, novelties, folders, pamphlets, book- lets, catalogs, order pads, contest entry forms, direct mail to retailer or consumer, truck cards, window decals, circulars or newspaper inserts, instruction sheets, dealer or refund cou- pons, packing and preparation of kits, salesmen kits, basket liners, mat band, match book covers, check out cards, primary cards, carton cards and supplementary cards. I DOCUMENTS REQUESTED 1. All Loew's and Lorillard internal documents con- cerning any art work for the "Kent Steak Knife Promotion", "Kent i ~ I Shopping Bag"Sweepstakes", "Kent Gallery" and "Kent Thermal I Coffee Mug" promotions. 03709443 I 2. All correspondence, bills, cancelled checks, in- I voices or other documents exchanged between Loew's or Lorillard and the persons who actually performed the art work for the four i promotions which concern any art work performed in connection with . ~, -4- ~ ~

P I the four-promotions. 3. Any other Loew's or Lorillard documents concerning any art work or costs of art work for the four promotions. 4. All Loew's and Lorillard internal documents con- cerning any production work and cost of production for the four promotions. 5. All correspondence, bills, invoices, cancelled checks or other documents exchanged between Loew's or Lorillard and the persons who actually perfdrmed the production work for the four promotions,which concern production work prepared in connection with the four promotions. 6. Any other Loew's or Lorillard documents concerning any production work and costs of production for the four pro- motions. I ,. 7. All Loew's and Lorillard internal documents con- cerning cerning any services performed or costs of services performed ~i in connection with the four promotions by anyone other than i ~~ Loew's or Lorillard. i 8. All correspondence, bills, invoices, cancelled i( checks or other documents exchanged between Loew's or Lorillard and the persons who actually performed services in connection with the four promotions,which concern any such services per- formed. formed. GJ ~ O V ~ -5- i

i, «. 9. Any other Loew's or Lorillard documents concerning any services performed or costs of services performed in connec- tion with the four promotions. 10. All Loew's and Lorillard internal documents con- cerning any premiums, including on pack, near pack, purchase with purchase and dealer loader, premiums, used in connection with the four promotions. 11. All correspondence, bills, cancelled checks, in- voices or other documents exchanged between Loew's or'Lorillard and the persons who provided any premiums, including on pack, near pack, purchase with purchase and dealer loader premiums, used in connection with the four promotions. 12. Any other Loew's or Lorillard documents concerning April l~ , 1980 C , . .,, , ` LEONARD R.I,1(~LASS Attorney for Plaintiff Office & P.O. Address 485 Madison Avenue New York, New York 10022 (212) 751-1244 To: PAUL, WEISS, RIFKIND, WHARTON & GARRISON Attorneys for Defendant 345 Park Avenue New York, New York 10022 I -6- any premiums provided in connection with the four promotions. .