Free Statement - District Court of Arizona - Arizona

Case 2:04-cv-00408-SIVIIVI Document 69-2 FiIed12/20/2005 Page10f3

l Laura Zeman l#0l47l3) i
I SNELL & MER nur.
2 One Arizona Center I
400 E. Van Buren .
3 Phoenix, AZ 85004-2202 ·
Telephone: (602) 382-6000
4 Attorneys for Defendants
5
6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
S
9 KENT DYER and SUSAISI DYER, ¥ {
10 husband and wife, No. CV04-0408 PHX SMM
I Plaintiffs, l DECLARATION OF PETER
ll RITTLER IN SUPPORT OF
vs. DEFENDANTS’ MOTION FOR
z 12 SUMMARY JUDGMENT
... ig JASON NAPIER and DAN IELLE
E is 13 NAPIER, husband and wife; NAPIER I
m egg SCULPTURE GALLERY, INC., a
B ,, gag; 14 Washington corporation, I
:t ¤> sgi
2 ` 15 1 Defendants. `
yj Ei 16 l
O 17 I, PETER RITTLER, declare as follows: I
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 am an owner of the Cougar Mountain Zoo located in Issaquah,
22 Washington. I purchased a life size version of a sculpture entitled "Precious
23 Cargo" created by Jason Napier on December 19, 2003 tor display at the
24 Cougar Mormtain Zoo in Issaquah, Washington. The sculpture was _
25 delivered to the Cougar Mountain Zoo in Issaquah, Washington around
26 May/June 2004. I also purchased a smaller sized maquette version of
27 “Precious Cargo" in November 2003.
28 3. In addition, I have purchased other mountain lion sculptures created by
1750761 1
Case 2:04-cv-00408-SIVIIVI Document 69-2 Filed 12/20/2005 Page 2 of 3

l Jason Napier including a life size sculpture entitled “Mother’s Pride°’ which
2 E I commissioned Jason Napier to create in December 2003. “Mother’s Pride"
3 t is a sculpture of a mother mountain lion with three of her cubs and I also
4 purchased two smaller sized maquette versions of this same sculpture in
5 June 2004. I also purchased two other smaller sized maquette versions ofa
6 sculpture created by Jason Napier entitled "Cry Baby" in October 2004.
7 “Cry Baby? is a sculpture of a single motmtain lion cub.
8 4. Jason Napier has his own recognizable style as a sculptor of wildlife. Jason
9 N apier’s sculptures are highly stylized with sleek, smooth rounded lines and
10 surfaces used to express an B.`l.'l11Il8l’S anatomy.
11 Y 5. It is Jason Napier’s style that caused me to purchase the life size "Precious
12 ` Cargo" sculpture and not the specific pose ofthe mother mountain lion and
ji lwggc 13 ' baby mountain lion. I would.n’t have hesitated to purchase a life size version`
B JQQEE 14 of the mother mountain lion and baby mountain lion in another different
15 pose, or even a life size version of another animal.
sl 16, `
6 17 Executed on November 2005.
is |
19 I
Peter Rittler '
20
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26 Q
27 l
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