Free Motion to Strike - 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 MOTION TO STRIKE EXHIBIT 16 OF DEFENDANTS' STATEMENT OF FACTS SUPPORTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

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Snell & Wilmer L.L.P.

Defendants Jason Napier, Danielle Napier and Napier Sculpture Gallery, Inc. (collectively "Defendants") move this Court for an Order striking from the record the updated spreadsheet showing the gross revenue of the "Precious Cargo" sculptures and the customers, costs and expenses associated with those sculptures which was attached as Exhibit 16 to Defendants' Statement of Facts Supporting Defendants' Motion for Summary Judgment, because it should have been filed under seal according to the Protective Order entered by the Court on October 8, 2004. Defendants' filed their Statement of Facts electronically on October 7, 2005. It was later realized that Exhibit 16 had been filed electronically also, but should have been filed under seal. For the foregoing reasons, Defendants respectfully request that this Court strike
Exhibit 16 of the Defendants' Statement of Facts Supporting Defendants' Motion for Summary Judgment so that they can re-file this exhibit under seal.
1741096

Case 2:04-cv-00408-SMM

1Document- 58

Filed 10/20/2005

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

DATED this 20th day of October, 2005. 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 I hereby certify that on October 20, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System of 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
1718680.1

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1741096

Snell & Wilmer L.L.P.

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Case 2:04-cv-00408-SMM

Document 58- 2 -Filed 10/20/2005

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