Free Motion for Summary Judgment - District Court of Arizona - Arizona

` Case 2:04-cv-00408-SIVIIVI D0cument56—2 FiIed10/O7/2005. Page10f3

Comparisons showing dissimilarities between Defendants’ "Preci0us Carg0"
sculpture (including both lifesize and maquette versions) and Plaintiffs’ photograph
entitled "Mother Mountain Lion with Baby in Mouth"
l. The photograph includes a panoramic view of a forrest and snow capped
motmtains located behind the forrest. The sculptures do not include these
elements.
2. The photograph includes multiple rocks and/or rocky outcroppings. The
sculptures include one rock that sits on a pedestal. V
3. The photograph includes a mother mountain lion perched on a rough, lichen
encrusted rocky outcropping that is several times larger than the mother
mountain lion. The sculptures include a mother mountain lion positioned on a
smooth, sleek rock having shear faces and sharply defined edges where the
rock is smaller in size than the mother mountain lion.
4. The photograph includes a large tree in the foreground that is positioned on
the right side of the mother mountain lion and the tree is more than at least
twice the size of the mother mountain lion. The sculptures do not include this
element.
5. The sculptures include a mother mountain lion and a baby mountain lion l
having sleek, highly stylized lines. The photograph includes a mother
mountain lion and a baby mountain lion as they appear in their natural state.
6. The photograph includes a mother mountain lion perched on a rock with her
front legs positioned slightly apart from one another on a surface of the rock.
The sculptures include a mother mountain lion positioned on a rock with her
front legs placed much further apart than in the photograph with one front paw
positioned on a shear face of a rock and the other hont paw positioned over a
sharp, angled edge of the rock.
7. The photograph includes a baby mountain lion in a mother mountain lion’s
mouth with the baby’s_ front legs and paws extended almost straight out. The
sculptures include a baby mountain lion in a mother mountain lion’s mouth
with the baby’s front legs held inward and closer to the baby’s body with the
baby’s front paws somewhat curled. The maquette version of the sculpture
also shows the baby’s paws overlapping one another.
_ 8. The photograph includes a baby mountain lion with its back legs positioned
apart Hom one another and extending straight downward toward the ground.
The sculptures include a baby mountain lion with its back legs extending
straight outward and/or upward. The maquette version of the sculpture shows
the baby’s back legs and paws overlapping or crossing over one another.
Case 2:O4—cv-00408-SIVIIVI Document 56-2 Filed 10/O7/2005 Page 2 of 3

9. The sculptures show a baby mountain lion with its tail extending downward
with a slight curl at its tip. The photograph does not show the baby mountain
lion’s tail.
10. The photograph shows a mother mountain lion with significant areas of dark
coloring/shading at various spots throughout its entire coat. The sculptures
show a mother mountain lion with dark coloring/shading along its spine, down
the front of its nose, at its paws, and at the tip of its tail. The coloring/shading
in the maquette version of the sculpture is even less pronotmced at these
points. _
11. The sculptures show a mother mountain lion with four smooth, highly stylized
paws. The lifesize version of the sculpture shows articulated paws and the
maquette version of the sculpture shows non-articulated paws that slightly
resemble hoofs. The photograph shows a mother mountain lion with only two
of its paws showing as they appear in nature.
12. The sculptures show the position and shape of a mother mountain lion’s
hind/back legs. The photograph does not show the mother mountain lion’s
hind/back legs.
13. The sculptures show the entire front face of a mother mountain lion including
how far the eyes of the mother mountain lion are set apart. The photograph .
does not show the entire Hont face of the mother mountain lion, nor how far
_ the mother mountain lion’s eyes are set apart.
14. The sculptures show the position, shape, and length of the mother mountain
lion’s tail. The photograph does not show the mother motmtain lion’s tail.
15. The sculptures show the position, color, and shape of the front, back, and both
sides of the mother motmtain lion. The photograph only shows the position,
color, and shape of one side and the front of the mother motmtain lion.
16. The sculptures show the shape, color and features of the back of the baby
mountain lion. The photograph does not show the back of the baby mountain
lion. .
Case 2:O4—cv—OO408-SIVIIVI Document 56-2 Filed 10/O7/2005 Page 3 of 3

Case 2:04-cv-00408-SMM

Document 56-2

Filed 10/07/2005

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Case 2:04-cv-00408-SMM

Document 56-2

Filed 10/07/2005

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Case 2:04-cv-00408-SMM

Document 56-2

Filed 10/07/2005

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