Free Other Notice - District Court of Arizona - Arizona

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MESCHKOW & GRESHAM, P.L.C.
Jordan M. Meschkow (AZ Bar No. 007454) Lowell W. Gresham (AZ Bar No. 009702) 5727 North Seventh Street Suite 409 Phoenix, Arizona 85014-5818 (602) 274-6996 (602) 274-6970 (facsimile) Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DAN COOGAN, doing business as COOGAN PHOTOGRAPHIC, Plaintiff, v. AVNET, INC., ROY VALLEE and CINDY VALLEE, husband and wife, and AL MAAG and MICHAELLE MAAG, husband and wife, Defendants. NOTICE OF TAKING DEPOSITION TO: Defendants Avnet, Inc., Roy Vallee, and Allen Maag (hereinafter

Case No.: CV-04-0621 PHX SRB

collectively, "YOU"), and Jordan Greene and Charles Houston, FENNEMORE CRAIG, their Attorneys. PLEASE TAKE NOTICE that, pursuant to Rule 30 of the Federal Rules of Civil Procedure, Plaintiff Dan Coogan, doing business as Coogan Photographic, by and through his attorneys, will take the deposition upon oral examination of Defendant Allen Maag (hereinafter "you"), as personnel, board member, and officer of Defendant

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Avnet, Inc., at 9:30 AM, on November 1, 2005 at the offices of Canyon State Reporting, Ltd. located at 77 East Columbus, Suite 102, Phoenix, Arizona 85012-2351. The deposition will be before a Court Reporter, or before some other officer authorized by law to administer oaths, such testimony to be taken pursuant to and in accordance with the Federal Rules of Civil Procedure for the purposes of discovery or for use as evidence at trial, or for both purposes. The taking of the deposition will continue from day to day until complete. Counsel for defendants is invited to attend and cross-examine. PLEASE TAKE FURTHER NOTICE that pursuant to Rules 30(b)(5) and 34 of the Federal Rules of Civil Procedure, on September 30, 2005, you are requested to produce the documents set forth in Schedule A for plaintiffs at the offices of Meschkow & Gresham, P.L.C., 5727 North Seventh Street, Suite 409, Phoenix, Arizona 850145818 or at such other place and time as may be agreeable to counsel for plaintiffs and defendants, and there permit plaintiffs to inspect and copy the documents set forth in Schedule A as may be in your possession, custody, or control.

Dated this 29th day of August 2005

s/Jordan M. Meschkow Jordan M. Meschkow MESCHKOW & GRESHAM, P.L.C. 5727 North Seventh Street Suite 409 Phoenix, Arizona 85014-5818 (602) 274-6996

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Schedule A DOCUMENTS TO BE PRODUCED DEFINITIONS For convenience, as used herein: 1. "Communications" shall mean all or any of the following: writings, oral conversations, conversations by telephone, meetings, and any other exchange of information in any form. 2. "Documents" shall mean and include the originals, regardless of location, of all documents comprehended within that term as used in Rule 34 of the Federal Rules of Civil Procedure and including, without limitation, all documents, papers, electronic files, writings, opinions, reports, orders, work papers, worksheets, letters, correspondence, cables, telegrams, telexes, emails,

photographs, negatives or slides, charts or diagrams, layouts, memoranda, diaries, time records, books, accounts, notes, notebooks, records of conversations, computer or punchcard printouts, publications, contracts, agreements, minutes, statements, bills, checks, check stubs, cancelled or returned checks, receipts, invoices, pamphlets, periodicals, interoffice communications, intracompany communications and any written, recorded graphic or other tangible records of any kind, however, produced or reproduced and all drafts, carbon copies and file copies of any of the foregoing. 3. "Person" shall mean any natural person, corporation, partnership, proprietorship, group, association, organization, business entity, governmental body, agency and any agent of the foregoing. 4. The terms "and" and "or" mean either the conjunctive or the disjunctive as context may require so that the document request is inclusive rather than exclusive.

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INSTRUCTIONS 1. Each document furnished in response to this request is to be identified by the name and job title of the person from whose file the document was obtained and the name of the file from which the documents was obtained. 2. If you withhold any documents covered by this request under a claim or privilege, furnish a list specifying for each such document that basis on which privilege is claimed, the name of each author, the name and job title of each recipient and person to whom a copy or copies were furnished, its date, the general subject matter of the document, and the paragraph of this request to which each such document is responsive. 3. With respect to any document responsive hereto which was but is no longer in your possession, custody or control, you are required to submit a statement setting forth as to each such document what disposition was made of it. 4. You are to supplement your responses to this request as required by Rule 26(e) of the Federal Rules of Civil Procedure. DOCUMENTS AND THINGS TO BE PRODUCED 1. All books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to Dan Coogan or any of his photographs of Roy Vallee that were used by or for Defendant Avnet, Inc., or by you. 2. All books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to how and where Defendant Avnet, Inc., or you, individually, used any of Dan Coogan's photographs of Roy Vallee that were used by or for Defendant Avnet, Inc., or by you. 3. All Annual Reports showing, concerning, evidencing, or relating to Defendant

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Avnet, Inc. with any of Dan Coogan's photographs of Roy Vallee, all support, back-up, scrapbooks, materials, clippings, and all other books, records, other documents, communications, things, or objects, showing, concerning,

evidencing, or relating to the production of those Annual Reports, all books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to how those Annual Reports were prepared, commented upon before publication, distributed, copied, circulated, approved, or reviewed. 4. All books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to contracts you have negotiated, agreed to, filed, stored, kept, contained, or archived concerning photographs or photography since April 2001 to the present. 5. All books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to contracts Avnet, Inc. has negotiated, agreed to, filed, stored, kept, contained, or archived concerning photographs or photography since April 2001, not included in ¶4 above. 6. All books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to the transfer of any of Dan Coogan's photographs of Roy Vallee within Avnet, Inc. or to any third party that YOU have. 7. All books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to Upside Magazine from April 2001 to the present. 8. All books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to the production, circulation of, or creating of Avnet Global Perspective magazine from 2001 through 2003.

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9. All books, records, other documents, communications, things, or objects, showing, concerning, evidencing, or relating to the Avnet, Inc. Record Retention Policy and any steps, means, devices, schemes, software, hardware, or other storage means, or results you have used to accommodate this Record Retention Policy from April 2001 until May 2004. 10. All logbooks, books, records, other documents, communications, things, or objects, archive records, electronic files, or any other media showing, concerning, evidencing, or relating to any Avnet, Inc. communication concerning Dan Coogan or any of Dan Coogan's photographs of Roy Vallee.

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