Free Other Notice - District Court of Arizona - Arizona

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FENNEMORE CRAIG, P.C. Jordan Green (No. 001860) Lawrence Palles (No. 020263) 3003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Telephone: (602) 916-5000 Email: [email protected] Attorneys for Defendants Avnet, Inc., Vallee, and Maag UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DAN COOGAN,

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No. CV2004-0621 PHX SRB Plaintiff, v. NOTICE OF FILING ILLUSTRATIVE EXHIBIT

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AVNET, INC., et al.,
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Defendants.
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F ENNEMORE C RAIG
P ROFESSIO N A L C O R P O R A T I O N P HOENIX

The Court' form Joint Proposed Pretrial Order provides, in paragraph M (p. 3), the s following: "Whenever a subject matter will reasonably require itemization, computation, or illustration, counsel shall prepare diagrams, photocopies or other similar exhibits as may be reasonably necessary for a clear presentation of the subject matter." Attached as Exhibit A is a timeline created by counsel for Defendants in conformity with the form Order. By way of brief explanation: 1. There are three photographs of Roy Vallee in question. Each has a different pose. For convenience, they are sometimes referred to as Photo 1, 2, or 3. The photograph number and a description of the pose are described at the top of each of three columns.
1808354.1/12444.027

Case 2:04-cv-00621-SRB

Document 246

Filed 06/27/2006

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F ENNEMORE C RAIG
PROFESSIONAL CORPORATION P HOENIX

2.

Each column reflects the approximate date and place of use for one of the photographs.

3.

Time runs along the left margin from top to bottom. In this case, the time period in question runs from 2001 to at least 2004.

4.

The Complaint asserts that the parties entered into a licensing agreement for a one year period beginning in approximately April 9, 2002.

5.

The dark portion running left to right through the approximate center of the timeline reflects the time period during which the license agreement was in effect.

6.

Uses which Defendants contend were licensed appear in green text. Those concededly unlicensed are in white text.

7.

All of the dates used in this timeline are approximate. The dates reflect the beginning date of the use of the photographs and does not reflect the ending date.

8.

The illustration does not reflect the circumstances of each use. Sometimes the use was print, sometimes electronic, and sometimes both.

Respectfully submitted this 27th day of June, 2006. FENNEMORE CRAIG, P.C.

By s/Jordan Green Jordan Green Lawrence Palles Attorneys for Defendants Avnet, Inc., Roy Vallee, and Allen Maag

1808354.1/12444.027

Case 2:04-cv-00621-SRB

Document 246- 2 - Filed 06/27/2006

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CERTIFICATE OF SERVICE I hereby certify that on June 27, 2006, I electronically transmitted the attached document to the Clerk' Office using the CM/ECF System for filing and s transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Jordan Meschkow, Esq. Meschkow & Gresham, P.L.C. 5727 North Seventh Street Suite 409 Phoenix, Arizona 85014-5818 Nancy Giles, Esq. Giles Legal PLC 733 W. Willetta Street Phoenix, Arizona 85007

s/Jordan Green
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F ENNEMORE C RAIG
PROFESSIONAL CORPORATION P HOENIX

1808354.1/12444.027

Case 2:04-cv-00621-SRB

Document 246- 3 - Filed 06/27/2006

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