Free Statement - District Court of Arizona - Arizona

Case 2:04-cv-00408-SIVIIVI Document 69-3 FiIed12/20/2005 Page10f4

E A 1. 1. is n w
Attn: Laura Zeman `
T0: Snell & Wilmer
Date: ll/1 l/05
# of Pgs: 3 (including cover)
Dear Laura, ·
Here is the declaration for Richard Tapper. He also is going to write a testimonal and fax it to you
this week. It will be in regards to ]ason’s elaborate patina’s and how they have entluenced their purchases of
Jason’s sculptures. The Tapper’s oH`ered to write this testimonial but we will leave it up to you as to whether
you wish to include it.
Peter Rittler from Cougar Mountain Zoo will be fandng you his signed declaration next week.
We will be leaving for Hawaii this Monday so please call us on our cell phone if you needus. You can also
email us the Dyers SJ answer, we will be able to check email while we are in Hawaii.
Sincerely,
Danielle Napier
360-378-2221 360-378-8721fax PO Box 388 Friday Harbor, WA 98250
° Case 2:04-cv-00408-SIVIIVI Document 69-3 Filed 12/20/2005 Page 2 of 4

1 Laura Zeman @*014713)
{ SNELL & WI MER rim. `
2 { One Arizona Center
{ 400 E. Van Buren
3 Phoenix, AZ 85004-2202 -
Telephone: (602) 382-6000
4 I Attorneys for Defendants
5 { {
6 { IN THE UNITED STATES DISTRICT COURT
7 FOR TI-IE DISTRICT OF ARIZONA
1
8 {
9 { KENT DYER and SUSAN DYER, ‘
10 { husband and wife, No. CV04-0408 PHX SMM
{ Plaintiffs, DECLARATION OF RICHARD
11 TAPPER IN SUPPORT OF
vs. DEFENDANTS’ MOTION FOR
E 12 _ SUMMARY JUDGMENT
t.. 5.; E JASON NAPIER and DANIELLE
Q 3;: 13 NAPIER, husband and wife; NAPIER
m eggg SCULPTURE GALLERY, HNIC., a
B §§=°;‘g;¢, 14 Washmgton corporation,
0 BEE ·
2 { 15 { Defendants.
o E
.,Ԥ 16 {
O 17 { I, RICHARD TAPPER, declare as follows:
18 1. I am over the age of 18 years. I am competent to state the facts and opinions
19 { recited herein. If called upon to testify, I would give testimony consistent
‘ 20 { with the facts and opinions stated herein.
21 { 2. I purchased a life size version of a sculpture en1:itled "Precious Cargo"
22 created by Jason Napier on February 1, 2002 and it was delivered to me at
23 my home in Romeo, Michigan in August 2002 .
24 { 3. I also purchased a smaller sized maquette version of another sculpture by
25 { Jason Napier entitled "Mother’s Pride" around August 2004. "Mother’s
26 P1·ide" is a sculpture of a mother mountain lion with three of her cubs.
27 4. Jason Napier has his own recognizable style as a sculptor of wildlife. Jason
28 I Napier’s sculptures are highly stylized with sleek, smooth rounded lines and
i 1750741 1
Case 2:04-cv-00408-SIVIIVI Document 69-3 Filed 12/20/2005 Page 3 of 4

1 surfaces used to express an anima1’s anatomy.
2 i 5. It is Jason Napier’s style that caused me to purchase the life size "Precious
3 Cargo" sculpture and not the specific pose of UIC mother mountain lion and
4 i baby mountain lion. I wou1dn’t have hesitated to purchase a life size version
5 of the mother mountain lion and baby mountain lion in another different
6 E pose, or even a life size version of another animal.
7 1
8 X Executed on November J__, 2005.
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