Free Exhibit List - District Court of Colorado - Colorado

Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 1 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

1

EXHIBIT NUMBER A-1

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Certificate of Registration, Supplemental Register, United States Trademark. No. 2,637,788 Expert Report of Mark Pedigo, CPA/CVA and Curriculum Vitae Email from G. Mimiaga to Loyer, Duke, M. Mimiaga, Boden and Lyles re Costco test. MVM-00045 to 00046 Email from G. Mimiaga to J. Mayorquin, Wargin, Duke, A. Mimiaga, M. Mimiaga, Loyer, Boden and Eduardo re Epson C84 Pigmented Inks. MVM00049 Email from Duke to Wargin, M. Mimiaga, Loyer and Boden re stock level and ETA for refill kit components. MVM-00160 Email from Lyles to Loyer, Eduardo, M. Mimiaga, Boden, Duke and G. Mimiaga re BCI-3 problem at Costco. MVM-00215 to 00216 Email from Lyles to Duke, Wargin, G. Mimiaga, M. Mimiaga, A. Mimiaga, Loyer, Boden, Lou R., A. Burgueno, J. Calixtro, Eduardo, Gustavo, J. Mayorquin and M. Larrazola re Costco sample order and product update. MVM-00217

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 2 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

2

EXHIBIT NUMBER H-1

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Email from Lyles to J. Mayorquin, Wargin, Duke, A. Mimiaga, G. Mimiaga, M. Mimiaga, Loyer, Boden and Eduardo re Epson C80/82/84 Pigmented Inks. MVM-00275 Email from Lyles to R. Baydo, D. Carnes, J. Mayorquin, Wargin, Duke, A. Mimiaga, G. Mimiaga, M. Mimiaga, Loyer, Boden and Eduardo re Epson C84 Pigmented Inks. MVM-00278 Email from Charlotte Wargin to Debbie re Trading Connection. MVM-00304 Email from Charlotte Wargin to sales@ink-jet re Duckwall's. MVM-00306 Email from Duke to T. Rastello, Boden, Loyer and L. Greer re Customer purchase issues. MVM00709 Email from Duke to T. List, Boden and Loyer re Customer purchase issues. MVM-00715 to 00716 Email from Duke to T. List, Boden and Loyer re Customer purchases issues. MVM-00727 Email from Duke ro Loyer and Boden re Agreements. MVM-00832 Email from Duke to Boden, Loyer and M. Mimiaga re MVM Relationship 02-19-03. MVM-00846

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 3 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

3

EXHIBIT NUMBER Q-1

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Email from Duke to Lyles, Wargin G. Mimiaga, M. Mimiaga and Loyer re Costco. MVM-00939 to 00940 Email from Wargin to Loyer re contract. MVM-00992 Email from Duke to Loyer re C80 Update. MVM-00993 Email from Duke to Loyer re Funding. MVM-00997 Email from Duke to Loyer and Boden re Other issues. MVM-01003 Email from Duke to Loyer re Credit Cards? MVM-01018 Email from Lyles to Loyer, Eduardo, M. Mimiaga, Boden, Duke and G. Mimiaga re BCI-3 problem at Costco. MVM-01066 to 01067 Email from Duke to Boden and Loyer re Steve Boden. MVM-01070 to 01071 Email from Duke to Loyer re Income Statement. MVM-01197 Email from S. Snead to Loyer and Wargin re payments. MVM-01240 Email from Lyles to Eduardo, Loyer, Duke, Wargin and A. Mimiaga re Costco Complaint? MVM-01246 Email from G. Mimiaga to Loyer, Duke, M. Mimiaga, Boden and Lyles re Costco test MVM-01275

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 4 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

4

EXHIBIT NUMBER C-2

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Email from Duke to G. Mimiaga, M. Mimiaga, A. Mimiaga, Loyer, Boden, B. Addy and Wargin re Bridge Notes. MVM-01296 Email from Duke to Loyer re What is going on? MVM-01352 Email from Duke to Kennon, Loyer and M. Mimiaga re Sam's Information MVM-01353 Email from Wargin to Loyer and G. Whitaker re c60/c62 Chips. MVM-01354 MVM Payables spreadsheet. MMV-02343 Chip Development memo. MVM-02345 to 02346 Ltr from Loyer to G. Mimiaga re testing chips for the 777 printers. MVM-02347 Fax from Loyer to Mary -A/P with Duckwall invoice documents. MVM-02447 to 02452 Fax cover page from Loyer to K. Machaulk re A/R Assignment w/attached Receivables Assigned to KBK Financial, Inc. for Invoice No. 35299. MVM-02463 to 02464 Fax cover page from Loyer to K. Machaulk re A/R Assignment w/attached Receivables Assigned to KBK Financial, Inc. for Invoice No. 35210. MVM-02467 to 02468

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 5 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

5

EXHIBIT NUMBER M-2

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Memo from G. Whitaker (Talon) to B. Hammond and H. Roskos. MVM-02651 to 02662 Complaint Exhibit 3: Legacy flyers. MVM-03262 Complaint Exhibit 3: Legacy Approach and Focus. MVM-03263 Complaint Exhibit 5: NonDisclosure Agreement between MVM and Legacy. MVM-03272 to 03275 Complaint Exhibit 6: WalMart Vendor Agreement. MVM-03280 to 03285 Complaint Exhibit 6: Purchase Order Terms and Conditions. MVM-03286 Complaint Exhibit 6: WalMart Standards for "Vendors". MVM-03287 to 03288 Complaint Exhibit 11: Neamco Purchase Order. MVM-03370 to 03372 Complaint Exhibit 12: Multiple checks from Neamco to Legacy. MVM-03373 to 03376 Complaint Exhibit 13: Check No. 008588 from Legacy to MVM for consulting services in the amount of $9,522.40 MVM-03377 to 03378 Complaint Exhibit 14: Accord between Legacy and MVM. MVM-03379 to 03384

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 6 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

6

EXHIBIT NUMBER X-2

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Complaint Exhibit 15: Sales Representative Agreement between Legacy and Bolo Management. MVM-03385 to 03395 Complaint Exhibit 16: Ltr from Loyer and Boden to Duke re response to documents from attorney MVM-03396 to 03400 Complaint Exhibit 17: Email from Boden to Loyer and Duke re MVM Legacy deal. MVM-03401 to 03402 Complaint Exhibit 18: Email from Duke to Boden, Loyer and M. Mimiaga re MVM Relationship 02-19-03. MVM03403 to 03404 Complaint Exhibit 19: Affiliation Agreement Between MVM and Legacy. MVM-03405 to 03410 Complaint Exhibit 21: Check No. 008770 from Legacy to MVM fro $5,540. MVM-03413 to 03414 Complaint Exhibit 22: Costco Wholesale Vendor Agreement (Basic) Puerto Rico (2001) with World's Best (MVM). MVM-03421 to 03425 Complaint Exhibit 22: Loyer signs Costco Structural Packaging specifications. MVM-03431 Complaint Exhibit 23: Legacy Marketing strategy memo. MVM-03432 to 03436

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 7 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

7

EXHIBIT NUMBER G-3

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Complaint Exhibit 23: Legacy Sales Plan strategy memo. MVM-03437 to 03439 Complaint Exhibit 25: MVM MVM-03442 check ledger to 03443 Complaint Exhibit 27: Fax from Costco to Loyer w/attached Costco Wholesale Vendor Agreement (Basic) Peurto Rico (2001) with World's Best (MVM); Vendor Purchase Program Agreement; and Item Agreement sheets. MVM-03447 to 03454 Complaint Exhibit 28: Multiple Purchase Orders for Duckwall. MVM-03455 to 03458 Complaint Exhibit 31: Legacy check ledger. MVM-03462 to 03463 Complaint Exhibit 32: MVM check ledger. MVM-03464 to 03465 Complaint Exhibit 33: Legacy Full Integration Steps of Sales Team memo MVM-03466 to 03467 Complaint Exhibit 34: Legacy Full Integration Steps of Sales Team memo. MVM03468 to 03471 Complaint Exhibit 35: Email from Loyer to Duke re Agreement discussion w/attached Working Relationship Agreement Terms. MVM-03472 to 03475

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 8 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

8

EXHIBIT NUMBER P-3

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Complaint Exhibit 36: Email from Loyer to Duke re Agreement Discussions MVM-03476 to 03478 Complaint Exhibit 37: Independent National Sales Representative's Agreement between Legacy and MVM. MVM-03479 to 03484 Complaint Exhibit 38: Ltr from K. Loyer to Duke re MVM and Legacy's relationship. MVM-03485 to 03487 Complaint Exhibit 39: Ltr from Duke to K. Loyer re ordering Loyer and Boden stop using Legacy and World's Best trademarks. MVM-03488 to 03489 Complaint Exhibit 40: Faxed memo from K. Loyer to Duke setting up a meeting. MVM-03490 to 03491 Complaint Exhibit 42: Ltr from T. List to K. Loyer re his retention as Legacy's counsel. MVM-03492 to 03494 Complaint Exhibit 43: Ltr from K. Loyer to T. Hill re cease and desist. MVM-03495 to 03496 Complaint Exhibit 44: Ltr from K. Loyer to McCusker re termination of contract. MVM-03497 to 03498

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 9 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

9

EXHIBIT NUMBER X-3

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Complaint Exhibit 45: Email from Loyer to C. Osada, A. Garcia, Boden and Kennon re MVM products - VN 736390-630 . MVM-03498 to 03500 Complaint Exhibit 45: Email from Loyer to C. Osada, Kennon and Boden re Proposal and authorization from MVM products. MVM-03501 Email from Boden to Loyer and Duke re Wal-Mart UK. MVM-03592 Email from Kennon to N. Hobbin, C. Connolly, Loyer, Boden and H. Jordan re unsuccessful cartridges w/attached product info chart. MVM-003616 to 03618 Email from Boden to C. Connolly, Kennon and Loyer re World's Best Inkjet Cartridges. MVM-03628 Documents re: Charles Duke's attempt to take SAM's Club Mexico direct. MVM-3629 Email from Duke to Kennon, Loyer and M. Mimiaga re Sam's Information. MVM-03630 Email from Kennon to Loyer re Sam's Quote/Cost Form w/same attached. MVM-003631 to 03635 Email from Kennon to Loyer re Sam's IRF form w/same attached. MVM-03636 to 03644

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 10 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

10

EXHIBIT NUMBER G-4

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Email from Kennon to Loyer re Sam's 247-55960 w/attached photos of product. MVM-03645 to 03648 Email from Kennon to Loyer re Sam's 247-55658 w/attached photos of product. MVM-03649 to 03653 Email from Kennon to Loyer re Sam's 247-00521 w/attached photos of product. MVM-03654 to 03657 Email from Kennon to Loyer re Sam's 247-53637 w/attached photos of product. MVM-003658 to 03661 Email from Duke to Loyer re Neamco w/attached ltr from Loyer and Duke to D. Holland and L. Frieday re confusion. MVM-03939 to 03940 Email from Charlotte Wargin to Loyer re w/attached chart of Neamco balances due. MVM-03952 to 03953 Email from Loyer to L. Frieday re Reconciliation of accounts w/attached chart of Neamco balances due. MVM-03954 to 03955 Letter from Loyer to B. Hickey and CVS setup forms. MVM-04123 to 04124 Ltr from Loyer to Neamco re MVM no longer representing the Legacy product line. MVM-04386

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 11 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

11

EXHIBIT NUMBER P-4

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Legacy October-03 Sales Forecast. MVM-04397 Asset Deal Points. MVM04407 Memo re companies contacted by Legacy or McCusker. MVM-04472 Working Relationship Agreement Terms. MVM-04473 to 04474 Letter from Loyer and Boden to Duke re documents from attorney. MVM-04475 to 04478 Accord between Legacy and MVM. MVM-04495 to 04499 Affiliation Agreement Between MVM and Legacy. MVM-04500 to 04505 Letter from Loyer and Boden to Duke re Points to consider for joint venture. MVM-04508 to 04512 Duckwall Product Activity Summary. MVM-04572 Ltr from Loyer to G. Shavey re summarization of conversation. MVM-04616 Letter from G. Whittaker, 1 Talon, LLC to Loyer. MVM-04629 to 04630 TAK Marketing, Inc. Sales Agency Agreement. MVM-04723 to 04727

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 12 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

12

EXHIBIT NUMBER B-5

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Email from C. Connolly to Kennon, N. Hobbin, Loyer, Boden and H. Jordan re Update and clarification for Wal-Mart UK. MVM-04761 Email from Kennon to N. Hobbin, C. Connolly, Loyer, Boden and H. Jordan re unsuccessful cartridges. MVM-04762 to 04763 Email from Loyer to C. Osada re Sam's Club decision. MVM-04887 Duckwall Vendor Agreements. MVM-06437 to 06443 Duckwall Invoices and Statements. MVM-06461 to 06475 Duckwall P.O.'s and Invoices. MVM-06478 to 06597 Email from Loyer to Duke and Boden re Deal Points w/attached Asset Deal Points. MVM-10306 to 10307 Email from Loyer to Duke re Cash flow issues. MVM10308 Email from Loyer to Boden and Duke re Where we are...I think. MVM-10311 Email from Loyer to Duke re Neamco w/attached 1/29/03 ltr to Neamco. MVM-10312 to 10313 Proposed Agreement. MVM10316

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 13 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

13

EXHIBIT NUMBER M-5

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Email from Loyer to Duke re Neamco & deal. MVM-10317 Email from Loyer to Duke re Neamco. MVM-10318 Email from Loyer to Duke re boxes. MVM-10320 Email from Loyer to Duke and Boden re Agreements w/attached draft ltr to Legacy. MVM-10337 to 10339 Email from Boden to Loyer, Duke and Boden re MVM Legacy deal. MVM-10342 Email from Loyer to Boden and Duke re Agenda for next Tuesday. MVM-10345 Email from Loyer to Duke re Neamco. MVM-10378 Email from Loyer to Duke re Bills. MVM-10380 Email from Loyer to Duke re bills. MVM-10381 Email from Loyer to Duke re Expenses, etc. MVM-10416 Email from Loyer to Duke re Other issues. MVM-10441 Email from Loyer to Duke re Duckwall. MVM-10451 Email from Loyer to Duke re Neamco. MVM-10452 Email from Loyer to Duke re status. MVM-10456 Email from Loyer to Duke re MVM World's Best Inkjet. MVM-10460 to 10463

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 14 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

14

EXHIBIT NUMBER B-6

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Email from Loyer to Duke re Status. MVM-10465 to 10467 Email from Loyer to Duke re wire. MVM-10468 Email from Loyer to Boden, Wargin and Duke re Neamco rep commissions. MVM10482 Email from Loyer to Duke re expenses. MVM-10483 Email from Loyer to Duke re Payables and incentives with attached chart re MVM payables. MVM-10485 to 10486 Email from Loyer to Duke and Boden re Retail Sales Forecast w/attached chart re same. MVM-10488 to 10489 Email from Loyer to Duke re Wal-Mart UK. MVM-10502 to 10503 Email from Loyer to Duke re Office expenses. MVM10517 Email from Loyer to Duke re Money. MVM-10539 Email from Loyer to Duke re insurance. MVM-10542 to 10543 Email from Loyer to Duke re September expenses. MVM-10556 Email from Loyer to Duke re Office expenses. MVM-10558 to 10559

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 15 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

15

EXHIBIT NUMBER N-6

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Email from Loyer to G. Mimiaga and Duke re Epoch plastic parts. MVM-10563 Email from Loyer to Duke re September Expenses. MVM10565 Email from Loyer to Duke re Patent. MVM-10566 Email from S. Snead to Loyer and Wargin re payments. MVM-10567 Email from Loyer to Duke re Agreement discussions. MVM-10574 to 10575 Email from Kennon to Loyer and Boden re Sam's Mexico and Domestic. MVM-10583 Email from Wargin to Loyer and G. Whitaker re c60/c62 Chips. MVM-10584 S. Boden Earnings Statements. MVM-10592 to 10595 Non-Disclosure Agreement between MVM Products, LLC and Legacy Manufacturing, LLC. MVM-10667 to 10669 Letter from L. Boden to C.K. McCusker re contract with MVM immediately terminated. MVM-10674 Form W-2s for D. Loyer, S. Boden and D. Banuelos from ADP Totalsource. MVM-10675 to 10678 Check copy. MVM-10741

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 16 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

16

EXHIBIT NUMBER Z-6

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E-mail from Loyer to Duke re agreement discussion. MVM-10746 to 10747 Faxed letter and cover sheet from Duke to Boden and Loyer re expulsions from Legacy Manufacturing, LLC with copies of certified mail envelopes. MVM-10756 to 10760 World's Best Business Card Proof for Duke. MVM-10771 Letter from Duke to Loyer. MVM-10875 Notice of Special Meeting from Duke to Boden with fax cover page. MVM-10876 to 10877 Notice of Special Meeting from Loyer to Boden with fax cover page. MVM-10878 to 10879 Letter from S. McNab to G. Jones re Notice of Special Meeting. MVM-10880 Letter from G. Jones to S. McNab re Notice of Special Meeting. MVM-10881 to 10883 Sample boxes of World's Best inkjet cartridge products. MVM-10884 to 10893 E-mail from T. Kennon to Loyer re Sam's 247-53637 w/attached photos of products. MVM-11185 to 11188

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 17 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

17

EXHIBIT NUMBER J-7

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E-mail from T. Kennon to Loyer re Sam's 247-00521 w/attached photos of products. MVM-11189 to 11192 E-mail from T. Kennon to Loyer re Sam's 247-55658 w/attached photos of products. MVM-11193 to 11197 E-mail from T. Kennon to Loyer re Sam's 247-55960 w/attached photos of products. MVM-11198 to 11201 E-mail from T. Kennon to Loyer Sam's IRF form w/same attached. MVM-11202 to 11210 E-mail from T. Kennon to Loyer re Sam's Quote/Cost form w/same attached. MVM11211 to 11219 E-mail from T. Kennon to Loyer re Sam's information. MVM-11220 Email from Lyles to Duke, A. Mimiaga, Wargin, Loyer, G. Mimiaga, M. Mimiaga and Boden re Staples sales call w/attached 7/24/03 summary of meeting with Staples. MVM-11277 to 11279 Dan Loyer and Steve Boden's 2003 Form 1099Miscellaneous Income tax forms. MVM-11285 Imaging Spectrum Magazine with advertisement from Legacy Manufacturing. MVM11289 to 11290

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 18 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

18

EXHIBIT NUMBER S-7

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Target Corporation: D80 Remanufactured Ink competitive Line Review. MVM-11291 Recharger Magazine: "Competing for Empties" with page 188 Legacy advertisement. MVM-11300 to 11301 Printouts from Legacy's Website, www.legacyinkjets.com MVM-11302 to 11321 Legacy Product Catalog 2004-2005. MVM-11322 to 11327 The Clover Difference printer compatibility list. MVM-11328 to 11346 Invoice No. J8002-DS from Inktracks Marketing, Inc. to MVM Products, LLC for $27,4143.94. MVM-11347 Purchase Order No. 139345 from MVM Products, LLC to Inktracks Marketing, Inc. MVM-11348 TAK Marketing, Inc. Sales Agency Agreement between Universal Inkjet Cartridges and TAK Marketing, Inc. TAK-00001 to 00005 Email from Loyer to Duke, Kennon, M. Mimiaga and Boden re w/attached chart of backhaul stores. TAK-00198 to 00200

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 19 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

19

EXHIBIT NUMBER B-8

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Email from Loyer to C. Osada, Kennon and Boden re Proposal and authorization from MVM products w/attached proposal chart, letters from Loyer to Sam's Club Mexico. TAK-00236 to 00240 Emails involving Kennon from the month of November 2003. TAK-00472 to 00477 Emails involving Kennon from the month of November 2003. TAK-00490 Emails involving Kennon from the month of December 2003. TAK-00499 Emails involving Kennon from Duke. TAK-00514 Thomas Kennon's Franklin Planner: 10/21/03. TAK00610 Thomas Kennon's Franklin Planner: 10/22/03. TAK00612 Thomas Kennon's Franklin Planner: 10/23/03. TAK00614 ADP Total Source Separation Notice for Loyer. ADP-0007 ADP Total Source Separation Notice for Boden. ADP-0018 ADP Total Source Separation Notice for Banuelos. ADP0031 ADP Total Source Wage and Tax Register for quarter ending 12/31/03. ADP-0045

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 20 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

20

EXHIBIT NUMBER N-8

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Checks and Wires to MVM, Loyer and Boden LEGACY-000060 to 61 Checks to MVM: March 03. LEGACY-000085 Checks to MVM: April 03. LEGACY-000090 Wire transfer to MVM: August 03. LEGACY-000114 to 117 Loyer expense records. At LEGACY-000153, Loyer states that he put salaries in at $65,000 per year, in that he is assuming there will be no taxes or deductions as these will be paid as 1099 transactions. At LEGACY000155 Loyer asks Duke to make check payable to Bolo Management and not to take out any taxes or pay any matching taxes. LEGACY000140 Boden salary advance. LEGACY-000182 to 183 Legacy General Journal Transactions re Trade name. LEGACY-000220 to 221 Org. 13000 w/offset. LEGACY-000278 to 282 Payments to MVM. LEGACY-000283 to 291 Email from Wargin to Quiring re Epson Smart Chips. LEGACY-000299 Email from Wargin to Quiring re chip approval. LEGACY000300

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 21 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

21

EXHIBIT NUMBER Y-8

BRIEF DESCRIPTION

OFFER

STIP.

IN

OUT

REMARKS

Email from Wargin to Quiring re chip approval. LEGACY000301 Sale chart for "WorldsBest" branded products. LEGACY000303 to 309 MVM Purchase Order. LEGACY-000314 to 318 Purchase Orders for Boxes and Cartridges. LEGACY000319 to 334 Executed Non-Disclosure Agreement between MVM LEGACYand Legacy 000345 to 347 Trademark registration materials. LEGACY-000368 to 370 Invoice #8893 from Legacy to Duckwall. LEGACY-000373 Invoice #8926 from Legacy to Duckwall. LEGACY-000374 MVM check #35431 to Legacy for $22,308.93. LEGACY-000375 Ltr from Duke to J. Melcher re Vendor Agreement. LEGACY-003536 Wal-Mart Vendor Agreement. LEGACY-003537 to 3545

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Email from Loyer to Boden and Duke re other issues. LEGACY-003615

Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 22 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

22

EXHIBIT NUMBER K-9

BRIEF DESCRIPTION

OFFER

STIP.

IN

OUT

REMARKS

Email from Loyer to Boden and Duke re other issues. LEGACY-003642 Email from Loyer to Duke re Agreement discussion w/attached `Working Relationship Agreement Terms' and Legacy Representation Agreement. LEGACY-003851 to 3854 Email from Loyer to Wargin re chips for Epson C60/C62. LEGACY-003973 to 3974 Email from Duke to Boden re Wal-mart UK. LEGACY-004250 Unanimous Resolution by Members of Legacy Manufacturing, LLC LEGACY-005292 to 5293 Record of Proceeding for Legacy Manufacturing, LLC. LEGACY-005294 Legacy Notice of Special Meeting. LEGACY-005295 Signature page of Record of Proceeding. LEGACY-005296 Unanimous Written Consent to Action by Members Without a Meeting. LEGACY-005297 to 5298 Documents re: CVS. LEGACY-006101 Wal-mart Vendor Agreement. LEGACY-006117 to 6124

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 23 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

23

EXHIBIT NUMBER V-9

BRIEF DESCRIPTION

OFFER

STIP.

IN

OUT

REMARKS

Legacy Representation Agreement with C. Kimball McCusker LEGACY-006170 to 6178 Legacy Staff Policy Handbook draft. LEGACY-006621 to 6668 ADP TotalSource Basic Employment Policies. LEGACY-006669 to 6684 Email from Loyer to Duke, Boden and M. Mimiaga re Wal-mart UK. LEGACY-006761 Email from Lyles to Wargin, Duke, A. Mimiaga, G. Mimiaga and M. Mimiaga re Trip Report to Circuit City w/same attached. LEGACY-007156 to 7158 Legacy Acknowledgment of Sales Order No. 13058 LEGACY-007210 Legacy Acknowledgment of Sales Order No. 13057 LEGACY-007211 Legacy Purchase Order #6300030204 for Wal-mart. LEGACY-007212 Legacy Purchase Order #6300030203 for Wal-mart. LEGACY-007213 Email from L. Hurlbut to Duke re Kroger. LEGACY-007277 Email from J. Hill to L. Hurlbut, B. Apgood and B. Apgood, II, re Kroger follow up. LEGACY-007281

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 24 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

24

EXHIBIT NUMBER G-10

BRIEF DESCRIPTION

OFFER

STIP.

IN

OUT

REMARKS

Email from Duke to L. Hurlbut re letter to Kim and Gordon w/same attached. LEGACY-007304 to 7305 Email from Duke to T. Kennon re Sam's Mexico and Domestic. LEGACY-007353 Email from Wargin to S. Lange re MVM ink return. LEGACY-007363 to 7369 Hot List chart of accounts. LEGACY-007662 Stipulated Judgment from Epoch vs. MVM Products, Case No. 03CC12172, Superior Court State of California, County of Orange. MVM-11349-11350 Verified Complaint for Damages and Injunctive Relief Articles of Incorporation of Day Imaging, Inc. MVM11351 to 11353 Articles of Incorporation of Day Inventory, Inc. MVM11354 to 11356 Statement of Trade Name of Day Imaging, Inc. MVM11357 to 11358 Articles of Incorporation of Day Inventory, Inc. MVM11359 to 11361 Articles of Incorporation of Day Imaging, Inc. MVM11362 to 11364

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Case 1:03-cv-02341-RPM

Document 81

Filed 10/31/2005

Page 25 of 25

Case No.

03-M-2341(MJW)

Judge: Richard P. Matsch

Defendants

Page

25

EXHIBIT NUMBER R-10

BRIEF DESCRIPTION

OFFER

STIP.

IN

OUT

REMARKS

O&E Property Report from Chicago Title of Colorado for property owned by Charles Banks and Melissa Walker Duke at 4 East Belleview Place, Englewood, CO 80113 MVM-11365 to 11371 Statement of Change for Legacy Manufacturing, LLC MVM-11372 to 11375 UCC Financial Statement for Day Imaging, Inc. MVM11376 to 11377 UCC Financial Statement for Day Inventory, Inc. MVM11378 to 11379

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