Free Objection - District Court of California - California

Case 3:07-cv-04913-SC

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Filed 01/11/2008

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Richard E. Levine (SB #88729) LEVINE & BAKER LLP One Maritime Plaza, Suite 400 San Francisco, CA 94111 Telephone: (415) 391-8177 Facsimile: (415) 391-8488 [email protected] Joseph V. Norvell (pro hac vice) Joseph T. Kucala (pro hac vice) Jay M. Burgett (pro hac vice) NORVELL IP LLC 1776 Ash Street Northfield, IL 60093 Telephone: (847) 809-2212 Facsimile: (312) 268-5063 [email protected] Attorneys for Plaintiffs ROBERT TRENT JONES II, INC. ROBERT TRENT JONES LICENSING GROUP, LLC

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

ROBERT TRENT JONES II, INC. and ROBERT TRENT JONES LICENSING GROUP, LLC Plaintiffs,

Case No. 07-CV-04913-SC PLAINTIFFS' OBJECTIONS TO EVIDENCE OFFERED BY DEFENDANT IN ITS OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Date: January 25, 2008 Time: 10:00 a.m. Judge Samuel Conti

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v.
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GFSI, INC. d/b/a GEAR FOR SPORTS, INC. Defendant.

PLAINTIFFS' OBJECTIONS TO EVIDENCE OFFERED BY DEFENDANT IN ITS OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

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Case 3:07-cv-04913-SC

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Plaintiffs, Robert Trent Jones II, Inc. and Robert Trent Jones Licensing Group, LLC, through their counsel, submit the following objections to evidence offered by Defendant in its Opposition to Plaintiffs' Motion for Preliminary Injunction. Plaintiffs' detailed argument with respect to these objections is set forth in Plaintiffs' Reply in Support of their Motion for Preliminary Injunction. Plaintiff specifically objects to the Declaration of Larry Graveel

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("Graveel Dec.") dated December 31, 2007, submitted as Exhibit A to Defendant's Opposition:
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Objection No. 1: Paragraph 9: The sentence "However, to accommodate RTJ2's request,
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we ceased selling to these alleged `discount stores' when RTJ2 raised concerns." lacks proper foundation. Objection No. 2: Paragraph 12: This paragraph lacks proper foundation and contains inadmissible hearsay. Objection No. 3: Paragraph 13: This paragraph lacks proper foundation and contains inadmissible hearsay. This paragraph also contains inadmissible hearsay from an unnamed "corp. representative at Neiman Marcus." Objection No. 4: Paragraph 14: This paragraph lacks proper foundation and contains inadmissible hearsay.

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Objection No. 5: Paragraph 15: This paragraph lacks proper foundation and contains
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inadmissible hearsay.
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Objection No. 6: Paragraph 16: This paragraph lacks proper foundation and contains inadmissible hearsay. Objection No. 7: Paragraph 17: The sentence "GFSI classifies The Golf Warehouse as a `Golf Specialty Store' because GFSI believes The Golf Warehouse is properly considered a Golf Specialty Store, not a `discount' or `Secondary-Market' store." is irrelevant.

PLAINTIFFS' OBJECTIONS TO EVIDENCE OFFERED BY DEFENDANT IN ITS OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

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Objection No. 8: Paragraph 18: This paragraph lacks proper foundation and contains inadmissible hearsay. Objection No. 9: Paragraph 19: This paragraph lacks proper foundation. Objection No. 10: Paragraph 20: This paragraph lacks proper foundation and contains inadmissible hearsay.

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Based upon the foregoing list of objections, Plaintiffs respectfully request that this Court
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refuse to consider the evidence offered by Defendant. Submitted herewith is a proposed order.
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Respectfully submitted,

Dated: _____________________

___________________________________ Richard E. Levine (SB #88729) LEVINE & BAKER LLP One Maritime Plaza, Suite 400 San Francisco, CA 94111 Telephone: (415) 391-8177 Facsimile: (415) 391-8488 [email protected] Joseph V. Norvell (pro hac vice) Joseph T. Kucala (pro hac vice) Jay M. Burgett (pro hac vice) NORVELL IP LLC 1776 Ash Street Northfield, IL 60093 Telephone: (847) 809-2212 Facsimile: (312) 268-5063 [email protected] Attorneys for Plaintiffs ROBERT TRENT JONES II, INC. ROBERT TRENT JONES LICENSING GROUP, LLC

PLAINTIFFS' OBJECTIONS TO EVIDENCE OFFERED BY DEFENDANT IN ITS OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

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