Free Witness List - 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

GILES LEGAL, P.L.C.

Nancy R. Giles (AZ Bar No. 020163) 733 West Willetta Street Phoenix, Arizona 85007 (602) 252-1788 Attorney for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA DAN COOGAN, doing business as COOGAN PHOTOGRAPHIC, Plaintiff, v. Case No.: CV-04-0621 PHX SRB PLAINTIFF'S LIST OF WITNESSES (Assigned to The Hon. Susan R. Bolton)

AVNET, INC., et al., 19 20 21 22 23 24 25 26 27 28
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Defendants. Pursuant to the Court's Scheduling Order Plaintiff Dan Coogan ("Coogan") hereby submits his list of witnesses whom Plaintiff will call or may call in person or through deposition, except witnesses who may be called only for impeachment or rebuttal, and reserves the right to supplement, as indicated in the Proposed Joint Pretrial Report. The list also includes a very short summary of the intended testimony of the witness, as well as a designation for each as to which witnesses (1) shall be called at trial, (2) may be called at trial, and (3) are unlikely to be called at trial.

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Vince Adam ­ if not excluded, shall be called at trial. Mr. Adam has been designated by Defendants as a witness, and his contact

information is Spark Design 21 E. 6th Street, Suite 706, Tempe, Arizona 85281, Tel: (480) 929-0455. Mr. Adam was noticed as "Creative Director at Spark Design. Mr. Adam has knowledge regarding the fair market value of the photographs and photographic rights at issue in the instant case. Mr. Adam provided Avnet with a quote for photographs similar to the photographs at issue as well as the rights thereto, and he may testify regarding that quote and prices customarily charged in the Phoenix market for such photographs and photographic rights." In addition, Mr. Adam will be questioned on his usual types of works, whether he knows the difference between stock works and per-assignment works, whether he believes charges for assignment work are comparable to assignment charges, his experiences negotiating for stock photography versus assignment photography, whether he ever worked for Defendants, whether Defendants' use of Plaintiff's photographs was use of stock or assignment photography, and about what he knows of all of Defendants' use of Plaintiff's photographs and its impact on Plaintiff or Defendants. 2. Ben Arnold ­ if not excluded, shall be called at trial. Mr. Adam has been designated by Defendants as a witness, and his contact information is 27623 N. 45th Way Cave Creek, Arizona 85331, Tel: (480) 419-7775. Mr. Arnold was noticed as a photographer in Phoenix. Mr. Arnold has knowledge regarding the fair market value of photographs of the type at issue in the instant case. Mr. Arnold provided Avnet with a quote for photographs similar to the photographs at issue as well as the rights thereto, and he may testify regarding that quote and prices customarily charged in the Phoenix market for such photographs and photographic rights." In addition, Mr. Arnold will testify as whether he knows difference between stock photography and assignment photography, whether his quote was for assignment photography, whether he ever worked for Defendants, whether Defendants' use of Plaintiff's photographs was use

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of stock or assignment photography, and about what he knows of all of Defendants' use of Plaintiff's photographs and its impact on Plaintiff or Defendants. 3. Javad Badar - shall be called at trial. Mr. Badar has been identified as Director of Creative Services, Avnet, Inc. His ultimate superior is Defendant Allen Maag, according to the only personnel charts supplied by Avnet in discovery. It is believed he also reports to Michele Spiegel, according to the only personnel charts supplied by Avnet in discovery. It is anticipated that Mr. Badar will testify regarding many of the facts alleged by Plaintiff's Amended Complaint Counsel to the extent he has knowledge; the defenses of Respondents, to the extent he has knowledge; any and all discussions, communications, and/or emails with others he had concerning this action and/or Plaintiff's photographs of Roy Vallee, or any of Plaintiff's photographs, or files therefor, and the information provided in this matter through discovery, as well as his day-to-day work for and/or at Avnet, Inc., his tenure there, his exposure to Avnet's print media and web pages from 2001 though 2004, his knowledge of when Avnet's 50th Birthday celebration was, and when and why he used one of Plaintiff's photographs for a 50th birthday card to give to Roy Vallee. 4. Vicki Calabro - may be called at trial. Ms. Calabro has been identified as Web Developer for Avnet GIS, Avnet, Inc. It is anticipated that Ms. Calabro will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent she has knowledge; the defenses of Respondents, to the extent she has knowledge; any and all discussions, communications, emails, activities, and/or actions, she had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. 5. Bryan Carter - shall be called at trial. Mr. Carter has been indicated to be employed within the Corporate Communications department of Avnet, Inc. His ultimate superior is Defendant Allen
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Maag, according to the only personnel charts supplied by Avnet in discovery. It is believed, but unknown, again, because of long outstanding updates that should have been made for discovery requests, that Mr. Carter's direct superior is Bob Hackett, who has been identified as Director of Multimedia. It is anticipated that Mr. Carter will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent he has knowledge; the defenses of Respondents, to the extent he has knowledge; any and all discussions, communications, emails, activities, and/or actions, he had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. He may also testify on his day-to-day work at Avnet, Inc., his tenure there, his exposure to Avnet's print media and web pages from 2001 though 2004, his knowledge of who James Wilson was and his day-to-day work for and/or at Avnet, Inc., his tenure there, his exposure to Avnet's web pages from 2001 though 2004. 6. Steve Church - shall be called at trial. Mr. Church has been identified as Chief Human Resources Development Officer, and the superior of Allen Maag, Defendant. It is anticipated that Mr. Church will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent he has knowledge; the defenses of Respondents, to the extent he has knowledge; any and all discussions, communications, emails, activities, and/or actions, he had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery; as well as Avnet's Code of Professional Conduct, any reprimand under such code, and whether Allen Maag was ever considered for reprimanding, since Mr. Maag is at least the one individual at Avnet, Inc. most responsible for Avnet, Inc. being held as a willful infringer of copyright.

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7.

Whitney Crutchley - shall be called at trial. Ms. Crutchley has been identified as Manager of Investor Relations, Avnet, Inc. It

is anticipated that Ms. Crutchley will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent she has knowledge; the defenses of Respondents, to the extent she has knowledge; any and all discussions, communications, emails, activities, and/or actions, she had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery , and at least all or many of the topics discussed in her deposition. 8. Sean Fanning ­ may be called at trial. Mr. Fanning has been identified as Senior Vice President of Marketing and Communications of Avnet, Inc. It is anticipated that Mr. Fanning will testify regarding his knowledge regarding Avnet's use of photographs of Roy Vallee as well as Avnet's relationship with plaintiff before Avnet entered into the agreement with plaintiff concerning the photographs at issue in the instant lawsuit, and his discussions with plaintiff of Avnet's infringing uses of plaintiff's photograph(s). 9. Michelle Gorel - shall be called at trial. Ms. Gorel has been identified as Director of Marketing Communications, Avnet Technology Solutions, Avnet, Inc. It is anticipated that Ms. Gorel will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent she has knowledge; the defenses of Respondents, to the extent she has knowledge; any and all discussions, communications, emails, activities, and/or actions, she had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. 10. Jan Jurcy - shall be called at trial. Ms. Jurcy has been indicated to be Avnet Vice President, Public Relations. It is anticipated that Ms. Jurcy will testify regarding many of the facts alleged by Plaintiff's
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Amended Complaint or the Complaint to the extent she has knowledge; the defenses of Respondents, to the extent she has knowledge; any and all discussions, communications, emails, activities, and/or actions, she had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. 11. Bob Hackett - shall be called at trial. Mr. Hackett has been identified as Director of Multimedia, Avnet, Inc. His direct superior is Defendant Allen Maag, according to the only personnel charts supplied by Avnet in discovery, Defendant Allen Maag. It is anticipated that Mr. Hackett will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent he has knowledge; the defenses of Respondents, to the extent he has knowledge; any and all discussions, communications, emails, activities, and/or actions, he had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. He may also testify on his day-to-day work at Avnet, Inc., his tenure there, his exposure to Avnet's print media and web pages from 2001 though 2004, his knowledge of who James Wilson was and his day-to-day work for and/or at Avnet, Inc.; his knowledge of who James Wilson was, his day-to-day work for and/or at Avnet, Inc., his tenure there, his exposure to Avnet's web pages from 2001 though 2004, and the same for Bryan Carter, Rachel SantaCruz, Vicki Calabro, and any other Avnet personnel that worked or is working for him. 12. Allen Maag, Defendant - shall be called at trial. Mr. Maag has been identified as Chief Communications Officer of Avnet, Inc., a member of Avnet's Executive Board, and an Avnet, Inc. corporate officer. His direct superior is Steve Church, Chief Human Resources Development Officer, according to Mr. Maag's published biography on the Avnet website. It is anticipated that Mr. Maag will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the
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Complaint to the extent he has knowledge; the defenses of Respondents, to the extent he has knowledge; any and all discussions, communications, emails, activities, and/or actions, he had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery, and at least all or many of the topics discussed in his deposition. 13. Rachel SantaCruz - shall be called at trial.

Ms. SantaCruz is employed by Avnet, Inc., but her title at Avnet, Inc. has not been identified despite long outstanding updates that should have been made for discovery requests. It is anticipated that Ms. SantaCruz will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent she has knowledge; the defenses of Respondents, to the extent she has knowledge; any and all discussions, communications, emails, activities, and/or actions, she had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. 14. Michele Spiegel - may be called at trial. Ms. Spiegel has been identified as Director of Employee Communications, Avnet, Inc. It is anticipated that Ms. Gorel will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent she has knowledge; the defenses of Respondents, to the extent she has knowledge; any and all discussions, communications, emails, activities, and/or actions, she had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. 15. Clay Stubblefield - may be called at trial. Mr. Stubblefield has been identified as Vice President, Corporate Broadcast Center, Avnet, Inc. His direct superior is Defendant Allen Maag according to the only personnel charts supplied by Avnet in discovery. It is anticipated that Mr. Stubblefield will testify
1

As worded by defense counsel in an October 17, 2005 letter.
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regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent she has knowledge; the defenses of Respondents, to the extent he has knowledge; any and all discussions, communications, emails, activities, and/or actions, he had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. 16. Michele Taylor - may be called at trial. Ms. Taylor has been identified as Manager Communications Director of Employee Communications, Avnet, Inc. It is anticipated that Ms. Taylor will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent she has knowledge; the defenses of Respondents, to the extent she has knowledge; any and all discussions, communications, emails, activities, and/or actions, she had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery. 17. John Trotto, Defendants' Expert ­ if not excluded, shall be called at trial. Mr. Trotto has been designated by Defendants as an expert, and his contact information is Trotto Photography, P.O. Box 93215, Phoenix, Arizona 85070, (480) 7596500. Mr. Trotto was noticed as "expected to testify regarding the quality of photographs at issue, fees customarily charged for photo shoots, usage of and rights to the type of photographs at issue in this case, plaintiff's business records and reputation in the community, and the reasonableness of plaintiff's alleged damages in light of the fees he customarily charges." In addition to the foregoing, it is anticipated that he shall also testify on his report, a rebuttal report produced by one of Plaintiff's experts, the difference between stock photography and assignment photography, his relationship with the Defendants, and at least some of the current photographs of Roy Vallee that Avnet is using.

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18.

Roy Vallee - shall be called at trial. Mr. Vallee has been identified as Chief Executive Officer of Avnet, Inc., a current

co-chair of the Arizona Governor's Council on Innovation and Technology, and at least a Board Member of same, since the council was established. It is anticipated that Mr. Vallee will testify regarding many of the facts alleged by Plaintiff's Amended Complaint or the Complaint to the extent he has knowledge; the defenses of Respondents, to the extent he has knowledge; any and all discussions, communications, emails, activities, and/or actions, he had or took concerning this action and/or Plaintiff's photographs of Roy Vallee, or the use of any of Plaintiff's photographs; and on information provided in this matter through discovery; as well as his knowledge of Avnet providing the Arizona Governor's Council on Innovation and Technology with his biography from the Avnet web site in 2003, containing at least one Plaintiff's photographs of Roy Vallee, how he first accepted service of the instant lawsuit in May of 2004, how as a Board Member he attended Arizona Governor's Council on Innovation and Technology Board Meetings on September 15, 2004, October 25, 2004, January 26, 2005, and May 18, 2005, and thereafter, while he was a Board Member or was appointed to be co-chair of the Council, the GCIT did not stop the infringing activity or mitigate it for at least 18 months after notice of suit for that very transfer and use. 19. Scott Campbell ­ will be called through deposition Mr. Campbell is Distribution Editor for CMP Media, LLC, 600 Community Drive, Manhasset, NY 11030, (516) 221-1206, publisher of CRN Magazine, CRN Magazine online at www.CRN.com, and ChannelWeb online at www.channelweb.com. He will provide testimony through his January 25, 2005 deposition from at least pages 7-9, 15, 25, 30-42, and 47-53 of his deposition. Additionally use of the image at

www.channelweb.com was revealed by Defendants late in discovery.

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20.

Juliet Chamberlain ­ may be called at trial. Juliet Chamberlain is President of Black Inc., 2512 East Thomas Road, Suite Two,

Phoenix, Arizona 85016-7937. Black Inc. markets and manages creative services to fill the needs of corporations, advertising agencies, graphic design firms and individuals on a project specific basis. Ms. Chamberlain is the Creative Representative for Mr. Coogan and if called, is expected to testify with regard to the average amounts of photography used by corporations in their business advertising and the costs associated with same, and how much corporations would expect to pay on a per use basis for photographs used on a normal website. She may also be asked to qualify if Avnet's public relations use of Plaintiff's photography was "promotion intended to create goodwill for a person or institution"2 ,"the business of inducing the public to have understanding for and goodwill toward a person, firm, or institution" 3 , or "the actions of a corporation, store, government, individual, etc., in promoting goodwill between itself and the public, the community, employees, customers, etc. 4 ", as well as if that person here was Roy Vallee, and the firm or institution was Avnet, Inc. 21. Scott Condray ­ may be called at trial. Mr. Condray is former president of Adstock Photo Inc., 2614 E Cheryl, Phoenix, Arizona 85028, (602) 788-4001. Adstock Photo Inc. was a Phoenix, Arizona based stock photography business, and Mr. Condray is expected to testify on his experiences and knowledge in operating a stock photography agency, his membership in the Picture Agency Council of America, and his experiences and knowledge therefrom, and his knowledge and experiences in the national stock photography market, including but not limited to where advertising agencies, designers, editorial users, and other corporate users of photography have been purchasing stock photography for about the last five years.

2 3 4

www.dictionary.com (Dictionary dot com) www.m-w.com/dictionary (Merriam-Webster Online Dictionary) Webster's Encyclopedic Unabridged Dictionary of the English Language, Deluxe Edition
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22.

Dan Coogan ­may be called at trial Dan Coogan, Photographer, Sole Proprietor of Coogan Photographic and Plaintiff,

is addressed at 3709 East Harvard Street, Phoenix, Arizona 85008-2228. Mr. Coogan is expected to testify on his credentials, his experience, his projects, his work, his fee determinations, and his reputation as a professional photographer, his arrangements with Upside Magazine and his fees-to-be-paid by it to setup and take professional photographs of Avnet, Inc. President Roy Vallee ("the Roy Vallee photographs"), how he determined up through April 9, 2002 Avnet, Inc. ("Avnet") was using the Roy Vallee photographs that he setup, took, and delivered, in copies to Upside Magazine, his negotiations with Avnet Chief Communication Officer Al Maag ("Mr. Maag") over Avnet's use of the Roy Vallee photographs through April 9, 2002 and over Avnet's prospective use of the Roy Vallee photographs for just another year, including, but limited to, limitations on use that he and Mr. Maag discussed and agreed to on a settlement basis, how he determined Avnet was using the Roy Vallee photographs past April 9, 2003, how much use he believes Avnet used his images, and why, the value of that use, how Avnet used the images for "public relations", and the information provided in this matter through discovery. He may also testify how public relations means "promotion intended to create goodwill for a person or institution", "the business of inducing the public to have understanding for and goodwill toward a person, firm, or institution", or "the actions of a corporation, store, government, individual, etc., in promoting goodwill between itself and the public, the community, employees, customers, etc.", as well as if that person here was Roy Vallee, and the firm or institution was Avnet, Inc. and here that person was Roy Vallee, and the "firm" or "institution" was Avnet, Inc.. Mr. Coogan is also expected to testify how he ordered Avnet Annual Reports for the years 2002 and 2003 in September 2005, and on October 3, 2005 he received a September 30, 2005 postmarked package from Avnet enclosing a cover note and both the 2002 and 2003 Avnet Annual Reports, both still including one each of two of his copyright registered and owned photographs, and how he received similar packages
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with 2002 and 2003 Avnet Annual Reports, both still including one each of two of his copyright registered and owned photographs from several independent persons. 23. Dan Delaney ­ may be called at trial. Mr. Delany, of Two D Photography is addressed at 3280 E. Mayberry Ave., Gilbert, AZ 85297, 480-732-0016. Mr. Delaney is expected to testify he is a commercial photographer and current year President of the Arizona Chapter of the American Society of Media Photographers, and on his knowledge regarding his discussions with John Trotto about Avnet, Inc. and this lawsuit. 24. Rick Gayle ­ may be called at trial. Mr. Gayle, Rick Gayle Studios Inc. is addressed at 2318 East Roosevelt Street, Phoenix, Arizona 85008-3899. Mr. Gayle if called, is expected to testify on his

credentials, his experience, his projects, his work, his fee determinations, and his reputation as a professional photographer, his familiarity with Dan Coogan, his usual and customary fees for the use of photography by corporate clients, his knowledge of the use of the Roy Vallee photographs by Avnet, the fair market value of that use, and as to Mr. Coogan's reputation as a professional photographer. 25. Douglas S. Myers­may be called at trial Mr. Myers is president of Hilton & Myers Advertising, Inc. H & M is a 20 year old Arizona-based, full-service advertising agency, has 25 years of experience as a writer, producer, director, account executive and agency principal, and was named Tucson Ad Federation's "Ad person of the Year" in 2000, and has won over 50 Addy awards, representing creative/advertising excellence. His client list has included many of Arizona's largest and most successful companies, such as Tucson Electric Power, HealthPartners Health Plans (now United Healthcare), Tucson Medical Center, Charter Funding and First Magnus Corp., Royal Automotive Group, Old Tucson Studios, KWBA Warner Brothers Network, Hughes Development, University of Phoenix, Casino of the Sun, Arizona Daily Star, and Rain Bird. He will testify as to appropriate fair market license fees for each of
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the myriad uses made by Defendants of Plaintiff's photographs. He may also be asked to qualify if Avnet's public relations use of Plaintiff's photography was "promotion intended to create goodwill for a person or institution", "the business of inducing the public to have understanding for and goodwill toward a person, firm, or institution", or "the actions of a corporation, store, government, individual, etc., in promoting goodwill between itself and the public, the community, employees, customers, etc.", as well as if that person here was Roy Vallee, and the firm or institution was Avnet, Inc. 26. Michael Norton - may be called at trial. Mr. Norton is President and CEO, Michael Norton Photography Inc., 2232 East Rancho Drive, Phoenix, Arizona 85016-2721, and is expected to testify on his credentials, his experience, his projects, his work, his fee determinations, and his reputation as a professional photographer, his familiarity with Dan Coogan, his usual and customary fees for the use of photography by corporate clients, his knowledge of the use of the Roy Vallee photographs by Avnet, the fair market value of that use, and as to Mr. Coogan's reputation as a professional photographer. Mr. Norton is also expected to testify how he ordered Avnet Annual Reports for the years 2002 and 2003 in October 2005, and on October 14, 2005 he received an October 11, 2005 postmarked package from Avnet enclosing a cover note and both the 2002 and 2003 Avnet Annual Reports, both still including two of the photographs of Roy Vallee that he knows are copyright registered and owned by Dan Coogan. 27. David Schmidt - may be called at trial. Mr. Schmidt is Manager of David Schmidt Photography LLC, 3221 East Coolidge Street, Phoenix, Arizona 85018-3321, and is expected to testify on his credentials, his experience, his projects, his work, his fee determinations, and his reputation as a professional photographer, his familiarity with Dan Coogan, his usual and customary fees for the use of photography by corporate clients, his knowledge of the use of the Roy

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Vallee photographs by Avnet, the fair market value of that use, and as to Mr. Coogan's reputation as a professional photographer. 28. Debra Weiss - shall be called at trial. Ms. Weiss is a photographer's Creative Consultant whose business address is 8205 Santa Monica Blvd., #1-268, Los Angeles, CA 90046, (323) 650-4300. She is expected to testify to the work she does with them, the subject matter and relation to this matter of seminars she presents annually at PhotoPlus Expo, sponsored by Photo District News Magazine; "The Roles We Play ­ Anatomy of An Advertising Photo Shoot", "How To Be Your Own Best Rep", and "Art Buyers Talk: How To Get Work From Ad Agencies" are among the programs presented. Additionally, she will testify to being a frequent guest speaker at Art Center College of Design, recently curating an exhibit based on the Best of The International Photography Awards which will be seen in nine countries; is photo editing a book on the Adult Video Awards photographed by Michael Grecco, and is currently writing a book about the photography industry to be published in 2007. As a frequent agent for stock and assignment photography and photographers, she will testify to licensing imagery for use by the following corporations: Toyota, Samsung, Hitachi, Caesar's Entertainment, Mazda, Conde Nast, Blue Cross, AT&T, Kraft Foods, Hershey's, Paramount Pictures, Universal Pictures, Hilton Hotels, Mandalay Bay, Dentyne and many others, and will testify as to appropriate fair market license fees for the use made by Defendants of Plaintiff's photographs. She may also be asked to qualify if Avnet's public relations use of Plaintiff's photography was "promotion intended to create goodwill for a person or institution", "the business of inducing the public to have understanding for and goodwill toward a person, firm, or institution", or "the actions of a corporation, store, government, individual, etc., in promoting goodwill between itself and the public, the community, employees, customers, etc.", as well as if that person here was Roy Vallee, and the firm or institution was Avnet, Inc.

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29.

Melinda Spring ­ will be called through sworn-to affidavit Ms. Spring was an employee of Aspect Association Management Company,

whose address is 500 Guyasuta Road, Pittsburgh, PA 15215, and who in 2002 and 2003 was the exclusive management company of the Supply-Chain Council, Inc., swore how the file containing at least one of the Roy Vallee photographs Supply-Chain Council, Inc. used in a newsletter announcement at http://www.supply-chain.org/News/Newsletters/1202/03SERSpkrpics.htm#Roy%20Vallee, made available to users at http://www.supplychain.org/News/Newsletters/12-02/Images/roy_vallee_board_3.jpg, and used in a seminar brochure file available for download at www.supply-chain.org/SER/2003/2_3_03.pdf came from Avnet personnel directly, in a clear statement against interest made while both companies were being sued in CV `05 0270 PHX NVW arising out their use of the photograph supplied by Avnet, Inc. 30. Ben Hoffman ­ will be called through sworn-to affidavit Mr. Hoffman was an employee of Aspect Association Management Company, whose address is 500 Guyasuta Road, Pittsburgh, PA 15215, and who in 2002 and 2003 was the exclusive management company of the Supply-Chain Council, Inc., swore how the file containing at least one of the Roy Vallee photographs Supply-Chain Council, Inc. used in a newsletter announcement at http://www.supply-chain.org/News/Newsletters/1202/03SERSpkrpics.htm#Roy%20Vallee, made available to users at http://www.supplychain.org/News/Newsletters/12-02/Images/roy_vallee_board_3.jpg, and used in a seminar brochure file available for download at www.supply-chain.org/SER/2003/2_3_03.pdf came from Avnet personnel directly, in a clear statement against interest made while both companies were being sued in CV `05 0270 PHX NVW arising out their use of the photograph supplied by Avnet, Inc.

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31.

Kelly J. "KJ" Kuchta, Plaintiff's Expert-shall be called at trial Mr. Kuchta is expected to testify on his analysis of Defendants' provided web logs

and what constitutes separate display uses, reproduction uses, and other uses, relating to web page use of Plaintiff's photographs. 32. Jeff Sedlik, Plaintiff's Expert-shall be called at trial Mr. Sedlik is expected to testify on one or more various issues, including but not limited to damages and damages theories, on his experiences in the field of the use of photography, and of his knowledge of other cases in the area. He is also expected to testify on his reports, in which comparative stock licensing to his own charges came from Corbis, a leading provider of image-licensing solutions and services to creative professionals and consumer products companies 5 , as well as a major direct competitor to Getty Images, may need adjusting, based on the Court's findings on the number of uses of Plaintiff's Photographs, which bear directly on the amount of actual damages under copyright law, and/or the amount of damages, which could additionally or alternatively be awarded with or in lieu of copyright damages, as well as causal nexus for indirect profits factors, and how all of Avnet's profits are applicable for damages. 33. Richard Weisgrau, Plaintiff's Expert-shall be called at trial Mr. Weisgrau is expected to testify on one or more various issues, including but not limited to damages and damages theories, on his experiences in the field of the use of photography, and of his knowledge of other cases in the area. He is also expected to testify on his reports, in which figures obtained from Getty Images, an online imagery stock agency claiming to be "the world's best and broadest imagery collections, making them available in the most accessible and usable way -- 24 hours a day, every day" that "serves an average of 3.2 million thumbnails, 6.5 million visits and 3.5 million unique users in addition to an average of 167 million page views each month" 6 may need adjusting, based on the Court's findings on the number of uses of Plaintiff's Photographs,
5

6

See link Help/About Us at www.pro.corbis.com. See gettyimages.mediaroom.com/index.php?s=company_overview for both quotes
Document 23316 Filed 06/19/2006 Page 16 of 17

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1 2 3 4 5 6 7 8 9

which bear directly on the amount of actual damages under copyright law, and/or the amount of damages, which could additionally or alternatively be awarded with or in lieu of copyright damages, as well as Avnet using branding imagery in its use of Plaintiff's photographs. Respectfully submitted this 19th day of June, 2006, s/Jordan M. Meschkow Jordan M. Meschkow MESCHKOW & GRESHAM, P.L.C. 5727 North Seventh Street Suite 409 Phoenix, Arizona 85014 ATTORNEYS FOR PLAINTIFF Nancy R. Giles GILES LEGAL, P.L.C. 733 West Willetta Street Phoenix, Arizona 85007 ATTORNEY FOR PLAINTIFF

10 11 12 13 14 15 16 17 18 Attorneys for Defendants 19 and 20 21 22 23 24 25 /s Jordan M. Meschkow 26 27 28
Case 2:04-cv-00621-SRB I:\8050\0131-007630901.doc Document 23317 Filed 06/19/2006 Page 17 of 17

CERTIFICATE OF SERVICE I hereby certify that on 19 June 2006 I electronically transmitted the attached document to the Clerk's Office using the ECF System for filing and transmittal of a Notice of Electronic Filing to the following ECF registrants: Jordan Green Lawrence Palles FENNEMORE CRAIG 3003 North Central Avenue, Suite 2600 Phoenix, Arizona 85012-2913

Nancy R. Giles GILES LEGAL, P.L.C. 733 West Willetta Street Phoenix, Arizona 85007 Attorney for Plaintiff