Free Response in Opposition to Motion - District Court of Arizona - Arizona

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LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

Laura Zeman (#014713) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Telephone: (602) 382-6000 Attorneys for Defendants

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

KENT DYER and SUSAN DYER, husband and wife, Plaintiffs, vs. JASON NAPIER and DANIELLE NAPIER, husband and wife; NAPIER SCULPTURE GALLERY, INC., a Washington corporation, Defendants.

No. CV04-0408 PHX SMM DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION TO STRIKE EXHIBITS 1 THROUGH 3 ATTACHED TO DEFENDANTS' SEPARATE STATEMENT OF FACTS ACCOMPANYING DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ­ AND ­ MOTION TO STRIKE EXHIBIT 13 FROM DEFENDANTS' STATEMENT OF FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT

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Snell & Wilmer L.L.P.

Defendants Jason Napier, Danielle Napier and Napier Sculpture Gallery, Inc. ("Defendants"), by and through undersigned counsel, hereby respond in opposition to Plaintiffs' Motion to Strike Exhibits 1 through 3 attached to Defendants' Statement of Facts Accompanying Defendants' Reply Memorandum in Support of its Motion for Summary Judgment and Exhibit 13 attached to Defendants' Statement of Facts in Support of its Motion for Summary Judgment. The basis for Defendants' opposition to Plaintiffs' Motion to Strike Defendants' exhibits is more fully set forth in the concurrently filed Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion to Strike.

1779221.1

Case 2:04-cv-00408-SMM

1Document- 74

Filed 01/17/2006

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RESPECTFULLY SUBMITTED this 17th day of January, 2006. SNELL & WILMER L.L.P.

By /s Laura J. Zeman Laura J. Zeman One Arizona Center 400 East Van Buren Street Phoenix, Arizona 85004-2202 Attorneys for Defendants

CERTIFICATE OF SERVICE 11
LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 (602) 382-6000

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Snell & Wilmer L.L.P.

I hereby certify that on January 17, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Christopher D. Lonn, Esq. [email protected] Michelle Justine Perkins [email protected] s/Laura Zeman _

1779221.1

Case 2:04-cv-00408-SMM

Document 74- 2 -Filed 01/17/2006

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