Free Memorandum - District Court of Arizona - Arizona

Case 2:04-cv-00408-SIVIIVI Document 75-5 Filed O1/17/2006 Page10f3

1 crating costs for the shipping of all "Precious Cargo" sculptures that were sold to buyers.
2 Response to Reguest No. 4
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Defendants personally transported and installed all life—sized versions of the
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"Precious Cargo" sculptures. Defendants are continuing to search for available receipts
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relating to all costs for the transportation and installation of those sculptures.
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7 Reguest No. 5
8 Produce copies of any and all invoices, receipts or other documents in the
9 possession, custody or control of Defendants showing commissions paid to galleries for
10 sales ofthe "Precious Cargo."
ll Response to Reguest No. 5
12 See Bates Numbers NAPIEROOOI37 to NAPlER000141.
5 2§ 13
fg I @$8 Reguest No. 6
T A`; E§€§ 14
L6 5 § _§§ Produce copies of all documents relating to insurance costs that are solely related
Tg I to the production and/or shipping of the "Precious Cargo" sculptures.
CD éi
6 17 Response to Reguest No. 6
18 There are no documents relating to insurance costs that are solely related to the
19 production and/or shipping of the "Precious Cargo" sculptures. Insurance for the
20 production and/or shipping of the "Precious Cargo" sculptures is included in Defendants’
21 commercial insurance policy.
22 Reguest No. 7
23 Produce copies of all documents in your possession, custody or control concerning
24 the art show in Carefree, Arizona in the Spring of 2001 where Defendants had access to
25 Plaintiffs' copyrighted photograph entitled "Mother Mountain Lion with Baby in Mouth."
26 This request specifically calls for production of all documents that Defendants are in
27 possession of that include (but are not limited to) signing up for the art show, fees paid to
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asl$3%l:l)4-cv—OO4O8-SIVII\A Document 75-5 4 - Fued 01/17/2005 Page 2 of 3


l the Carefree Art Show, booth assignment locations at the show, etc.
2 Response to Reguest No. 7
3
See Bates Number NAPlER000l36.
4
5 Reguest No. 8
6 Produce copies of any and all documents evidencing Plaintiffs permission for
7 Defendants to replicate the image depicted in Plaintiffs' photograph entitled "Mother
8 Mountain Lion with Baby in Mouth."
9 Response to Reguest No. 8
10 See Bates Numbers NAPIER000l28 to NAPIER000129.
1 1
In addition, Kent Dyer gave Jason Napier a miniprint of the photograph entitled
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5 ,§,_ "Mother Mountain Lion with Baby in Mouth" which is no longer in existence. This
5E l3
E l $..;,58 miniprint was in the possession of Defendants until about November 2002 at which time
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(_6’;{ “;`5 _§§ Defendants cleared and discarded many items in preparation for moving their residence.
·-—· Sai? 15
TE I During this process, the glass frame for the miniprint broke and Defendant Jason Napier
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CD 5 discarded it at that time.
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18 Reguest N0. 9
19 Produce copies of Defendants' federal income tax returns for the tax years: 2001,
20 2002, 2003 and 2004 (when completed).
21 Response to Reguest No. 9
22 Defendants object to this request as unduly burdensome, overbroad, irrelevant, and
23 not likely to lead to the discovery of relevant infomation. Defendants object to this
24 request on the ground that this request seeks confidential infomation not relevant to this
2 5 action.
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55‘é’%‘;b4-ev-00405-5MM Document 75-5 5 - Fuee 01/17/2005 Page 5 er 5

Case 2:04-cv-00408-SMM

Document 75-5

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