Free Other Notice - District Court of Arizona - Arizona

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Anders Rosenquist, Jr. #002724 Florence M. Bruemmer #019691 Rosenquist & Associates 80 E. Columbus Phoenix, Arizona 85012 Tel. 480-488-0102 Fax 480-488-2075 Attorneys for Plaintiff Meadowlark Lemon UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA

MEADOWLARK LEMON, et al., Plaintiff, vs. HARLEM GLOBETROTTERS INTERNATIONAL, INC., et al.; Defendants.

Case Nos.: CV 04 0299 PHX DGC and CV-04-1023 PHX DGC

PLAINTIFFS' CORRECTED REVISED CHART ATTACHED AS EXHIBIT "A" TO DOC. #539

Plaintiffs Neal, Rivers, Thornton, Hall, Haynes, Sanders, and Lemon, through their respective undersigned counsel, hereby submit this Corrected Revised Chart regarding the disclosure dates of certain witnesses and exhibits, pursuant to this Court's request in its December 6, 2006 Order. On page 13 of the December 6th Order, this Court directed Plaintiffs to "revise the chart attached as Exhibit A to Dkt. #539 to clearly identify the date on which the disclosure was made" in order to assist the Court at trial in ruling whether any disclosure was late, and if so, whether that late disclosure is substantially justified or harmless. Plaintiffs' previously filed the Revised Chart on January 20, 2007; however, since filing it Plaintiffs' have had further corrections to the chart, which necessitated the filing of this Corrected Revised Chart.
Case 2:04-cv-00299-DGC Document 577 Filed 01/22/2007 Page 1 of 18

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I.

EXHIBITS. Date of Disclosure July 19, 2005 May 4, 2006 May 26, 2006 Explanation

Exhibit # & Description 4&5 (4 - Collective Bargaining Agreement 5 - UBPA Minutes)

31 (Oliver Phipps Affidavits)

55 (Curly Neal's pay stubs)

1. Ex. 5 Disclosed in Plaintiffs' Second Disclosure dated 5/4/06 with affidavit from Rose Neal explaining good cause for her delay in locating these old documents (Neal lives in Atlanta and the docs were located in storage in New Orleans). 2. Also, the CBA and Minutes were authenticated by Dallas Thornton on 5/26/06. 3. Ex. 4 disclosed as ex. 11 to Thornton Deposition of 7/19/05. Sept. 19, 2005 Court has already ruled that Phipps I (the Oct./Nov. 2005 11/23/05 affidavit and exhibits) may be used at May 4, 2006 trial (Order of 12/5/06, Doc. 559). 1. The Phipps Affidavit dated 11/23/05 was submitted with Plaintiffs' Summary Judgment filings & the Phipps Supp. Affidavit dated 5/3/06, was disclosed in Plaintiffs' Second Disclosure on 5/4/2006. 2. Charts ­ attached as Ex. 13A-D to Motion for Summary Judgment filed in Oct. 2005. 3. Oliver Phipps disclosed on 9/19/05 and deposed by Defendants on 9/23/05. 4. Garments listed on schedule of merchandise were disclosed at Phipps depo. on 9/23/05. Given to Defendants as Exhibit 40 to Plaintiffs' Sept. 8, 2004 Resp. to Request Motion for Summary Judgment (10/05). Plus, other similar pay stubs were originally disclosed to Produce Apr. 1, 2005 Neal to Defendants at Neal's deposition (4/1/05) and Plaintiffs' response to Defendants' 1st Request to Depo. October 2005 Produce (9/08/04).

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Exhibit # & Description 58 & 59 (58 - Neal's market research, press release, photo of NY billboard 59 - endorsement payments)

Date of Disclosure

Explanation

68 (Marques Haynes publicity/press clippings) 69 (Marques Haynes and Columbia Pictures Life Story Right/Consulting Agreement) 75-83 (Various Certified Bankruptcy Records in re: International Broadcasting Corp., IBC Amusement Rides, Inc. and International Theatres Corp.) 84 (Dallas "Big D" Thornton Affidavit dated 5/12/06 with attachments)

Press Release & Endorsement Payments ­ given to Defendants as Ex. 44-45 to Plaintiffs' Sept. 8, 2004 October 2005 & summary judgment filed in Oct. 2005. April 1, 2005 & Endorsement Payments ­ also disclosed in Plaintiffs' Second Disclosure dated 5/4/06. May 4, 2006 (See Explanation) Endorsement Payments - also disclosed at Neal's Deposition (4/1/05) Endorsement Payments ­ also disclosed in response to Plaintiffs' response to Defendant's 1st Request to Produce (9/08/04). Photo of Billboard ­ this photo has also been submitted by Defendants as a defense exhibit. Neal's Market Research was disclosed to Defendants at Neal's Deposition Ex. 44 (4/1/05) May 4, 2006 Disclosed in Plaintiffs' Second Supplemental Disclosure and accompanied by an affidavit from Haynes stating that he had only recently located the documents. October 2005 Was given to Defendants as Ex. 66 to Plaintiffs' Motion for Summary Judgment.

October 2005 Judicial Notice Requested

First given to Defendants as Ex. 72A-72I in Plaintiffs' Motion for Summary Judgment. HGI did not turn over these docs despite several requests. Plaintiffs were forced to obtain certified copies from Bankruptcy Court files after HGI objected and refused to stipulate to them. Disclosed in Plaintiffs' Third Supplemental Disclosure.

May 26, 2006

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Exhibit # & Description 88-104 (Affidavit of Robert Hall dated 4/28/2006 with attachments)

Date of Disclosure May 4, 2006

Explanation Disclosed in Plaintiffs' Second Supplemental Disclosure Ex. 88 ­ Affidavit of Robert Hall dated 4/28/06 Ex. 89-104 ­ these were the attachments to the 4/28/06 Hall Affidavit. In Affidavit, Hall explains his good cause for delay in locating theses docs that go back to early 1970's because he is old, has cancer, and only recently had found the docs. Disclosed in Plaintiff's Second Supplemental Disclosure Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 explaining good cause for her delay and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case.

105 (Affidavit of Rose Neal dated 5/1/06) 106 (UBPA Meeting Minutes of June 30 and July 1, 1982) 107 (Letter dated 6/17/83 from Edward Bell re: union activities) 108 (Letter dated 7/15/83 from Edward Bell re: union activities) 109 (Letter dated 9/23/83 from Edward Bell re: union activities) 110 (UBPA Meeting Minutes of August 16 and August 17, 1984)

May 4, 2006

May 4, 2006

May 4, 2006

May 4, 2006

May 4, 2006

May 4, 2006

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Exhibit # & Description 111 (Letter dated 7/31/85 from Edward Bell to Frederic Neal re: 1985 Annual Union Meeting) 112 (UBPA Proposed Meeting Agenda for August 29 and August 30, 1985) 113 (UBPA Statement of Cash Receipts and Disbursements) 114 (UBPA Balance Sheet dated 8/27/85) 115 (Letter dated 4/1/77 from J. Carlton Cherry, Esq. to Theodore Douglas, Jr.) 116 (Letter dated 10/24/83 from Art Harvey to Edward Bell, Esq. re: Neal Contract) 117 (Letter dated 8/30/84 from Larry Marshall to Rose Neal) 118 (Newspaper article dated 9/3/85 re: Curly Neal)

Date of Disclosure May 4, 2006

Explanation Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06.
Filed 01/22/2007 Page 5 of 18

May 4, 2006

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Exhibit # & Description 119 (Newspaper article from Greensboro Daily News dated 9/6/85 re: Curly Neal lawsuit) 120 (Letter dated 10/14/85 from Gerald D. Friedman, Metromedia, Inc. to J.W. Dickey, Jr., Esq.) 121 (Letter dated 10/16/85 from Gerald D. Friedman, Metromedia, Inc. to J.W. Dickey, Jr., Esq.) 122 (Curley Neal 1984 earnings)

Date of Disclosure May 4, 2006

Explanation Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. This is a document that was prepared by the Harlem Globetrotters organization and is critical to the issue of course of dealing between the parties. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06 and is a union related document critical to central issues in this case. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal

May 4, 2006

May 4, 2006

May 4, 2006

123 (Letter dated 10/2/85 from Gerald D. Friedman, Metromedia, Inc. to Jay W. Dickey, Jr., Esq.) 124 (Memo dated 9/13/85 from Earl Duryea) 125 (Talent & Residuals check stubs for Curley Neal McDonald's Corp. appearance)

May 4, 2006

May 4, 2006

May 4, 2006

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Exhibit # & Description 126 (Letter dated 9/85 from Elinor London, Screen Actors Guild to Neal) 127 (Letter dated 9/13/85 from Earl Duryea to Edward Bell, Esq.) 128 (Talent & Residuals check dated 8/30/85 to Curly Neal) 129 (Turner Program Services, Inc. Videotape/Film Library License Agreement dated 10/23/85) 130 (Letter dated 10/30/85 from Michael Leech to Jay W. Dickey, Jr., Esq.) 131 (Letter dated 10/9/85 from Jean Fuentes, Metromedia, Inc. to Curly Neal) 132 (Resume of Curly Neal) 133 (Harlem Globetrotters/Curly Neal CV) 140 (Letter dated 9/3/85 from Elinor London, Screen

Date of Disclosure May 4, 2006

Explanation Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal

May 4, 2006

May 4, 2006

May 4, 2006

May 4, 2006

Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal

May 4, 2006

May 4, 2006

May 4, 2006

May 4, 2006

Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. It was prepared by the Harlem Globetrotters. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal
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Exhibit # & Description Actors Guild) 141 (Screen Actors Guild indemnification) 143 (Composite docs of Jay Dickey re: Neal/Globetrotters dispute)

Date of Disclosure May 4, 2006

Explanation dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. These are critical union related docs filed in the Arkansas court by the Harlem Globetrotters own attorneys. These docs have been certified independently. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal

May 4, 2006 Judicial Notice Requested

144 (Letter dated 5/25/84 from Art Harvey to Curly Neal) 145 (Memo dated 3/30/84 from Art Harvey to Curly Neal) 146 (Letter dated 10/7/85 from Gail Evans and Larry Appel to Curly Neal) 147 (Letter dated 7/14/80 from Rose Neal to Art Harvey) 148 (Memo dated 4/4/83 from Art Harvey to Curly Neal) 149 (Letter dated 1/2/85 from Tom Rooney to Don Sandefur)

May 4, 2006

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May 4, 2006

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Exhibit # & Description 150 (Letter dated 3/27/84 from Bobby Goldwater to Curly Neal) 151 (Letter dated 1/14/85 from Karen Swan to Curly Neal) 152 (Letter dated 3/15/83 from Michael Pratt to Joseph Anzivino) 153 (Letter dated 3/15/83 from Arthur O. Fisher to Joseph Anzivino) 154 (Letter dated 4/15/83 from Joseph Anzivino to Arthur O. Fisher) 155 (Letter dated 4/15/83 from Joseph Anzivino to Michael Pratt) 156 (Harlem Globetrotters check stubs for Curly Neal) 157 (Memo dated 12/12/83 from Accounting Dept to All Employees) 158 (Letter dated 8/30/85 from Earl Duryea to Curly Neal)

Date of Disclosure May 4, 2006

Explanation Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. The check stubs clearly show deductions for union dues. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06. Disclosed in Plaintiff's Second Supplemental Disclosure This was attached to the Affidavit of Rose Neal dated 5/1/06.

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Exhibit # & Description 159 (Memo dated 3/4/83 from Art Harvey to Curly Neal) 160 (Memo dated 9/4/85 from Donna Shaw to Distribution) 161 (Affidavit of Marques Haynes dated 4/28/06) 162 (Letter dated 8/16/03 from Ben Green to Marques Haynes with attachments) 163 (Affidavit of James Todd Smith dated 11/14/05 with attached Exhibits)

Date of Disclosure May 4, 2006

Explanation Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure This was attached to the dated 5/1/06. Disclosed in Plaintiff's Disclosure Second Supplemental Affidavit of Rose Neal Second Supplemental Affidavit of Rose Neal Second Supplemental

May 4, 2006

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May 4, 2006

164 (Responses to Requests for Admission dated 1/29/86 in Ausbie and Neal v. HGI and Metromedia, Inc.)

May 26, 2006 Judicial Notice Requested

Disclosed in Plaintiff's Second Supplemental Disclosure These were attached to the Affidavit of Marques Haynes dated 4/28/06 in which Haynes explains that he had just recently discovered the docs. Disclosed in Plaintiff's Second Supplemental Disclosure James Todd Smith is a shareholder of Defendant GTFM, LLC. He was never disclosed as a shareholder at the depositions of Defendants. There are important docs showing that indeed Smith was a shareholder in GTFM, LLC and was never disclosed to Plaintiffs at any time. Disclosed in Plaintiff's Third Supplemental Disclosure This is a critical pleading filed by HGI in the 1980's in the Arkansas court system. These copies reflect important Union docs, some copies of which had been produced in other forms by Plaintiffs. Plaintiffs did not know that these docs existed until samples of them were found in Plaintiff Neal's storage in New Orleans, LA. Plaintiffs then tracked down court copies and had them certified as they indicate that HGI attorneys adopted the terms of the CBA through admissions.

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Exhibit # & Description 165 (HGI's Answer filed on 10/8/85 in Ausbie and Neal v. HGI and Metromedia, Inc.)

Date of Disclosure May 26, 2006 Judicial Notice Requested

Explanation Disclosed in Plaintiff's Third Supplemental Disclosure This is a critical pleading filed by HGI in the 1980's in the Arkansas court system. These copies reflect important Union docs, some copies of which had been produced in other forms by Plaintiffs. Plaintiffs did not know that these docs existed until samples of them were found in Plaintiff Neal's storage in New Orleans, LA. Plaintiffs then tracked down court copies and had them certified as they indicate that HGI attorneys adopted the terms of the CBA through admissions. Disclosed in Plaintiff's Third Supplemental Disclosure

166 (Affidavit of Philip S. Anderson, Esq., with attachments from Ausbie and Neal v. HGI and Metromedia, Inc.) 167 (Affidavit of author Phillip Crandall and article re: Harlem Globetrotters article (5/2006) in FHM Magazine)

May 26, 2006 Judicial Notice Requested

May 26, 2006 Judicial Notice Requested

Disclosed in Plaintiff's Third Supplemental Disclosure Article was not even published until May 2006 and contained profiles of Plaintiffs and interviews with Mannie Jackson. This doc did not even exist prior to the discovery deadline of 9/30/05.

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Exhibit # & Description 168 (Affidavit of Peter Anthony Gallo with attachments)

Date of Disclosure May 26, 2006

Explanation Disclosed in Plaintiff's Third Supplemental Disclosure Gallo was deposed by Defendants on 5/23/05 regarding the exhibits that have been submitted as Ex. 168. Gallo's follow up information references public records which he found showing that GTFM, Inc. had actually registered their trademarks in the Philippines. Gallo also confirmed from the business cards and other papers that "FUBU The Collection" was still being utilized in the Philippines as of May 2006 ­ a very important factor which contradicts GTFM's statements that any such activities were "unauthorized" and that the FUBU store in Manila had been closed. Gallo has been properly disclosed as a witness. Due to the Court's pretrial rulings, Plaintiffs are precluded from offering these FRE 1006 damages summary exhibits at trial. Plaintiffs' Joint Supplemental Disclosure Statement This is an old doc that was recently discovered by Marques Haynes Plaintiffs' Joint Supplemental Disclosure Statement This is an old doc that was recently discovered by Marques Haynes Plaintiffs' Joint Supplemental Disclosure Statement This was a picture from a recent event honoring Gator Rivers which had not even occurred prior to the discovery deadline of 9/30/05.

170 - 173 (Affidavit of Oliver Phipps with attachments containing damages summary per Plaintiff) 174 (Article from February 1968 Boys Life) 175 (Biography of Marques Haynes with handwritten notes) 176 (Poster of Fort Osage High School dated 9/30/06)

N/A

October 27, 2006

October 27, 2006

October 27, 2006

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Exhibit # & Description 177 (DVD of Harlem Globetrotters entitled "The Team that Changed the World") 178 (Poster from the African American Atelier and the Haynes Taylor YMCA) 179 (Poster from NAS Oceana 2006 Air Show Celebrity Golf Tournament) 180 (Brochure of African American Ethnic Sports Hall of Fame Fifth Annual Induction Ceremony) 192 (DVD Box of Harlem Globetrotters entitled "The Team that Changed the World") 193 (DVD Scooby DOO and Harlem Globetrotters) 194 (DVD Box Scooby DOO and Harlem Globetrotters)

Date of Disclosure October 27, 2006

Explanation Plaintiffs' Joint Supplemental Disclosure Statement This is a DVD that was produced by HGI in 2005, though HGI never turned over a copy to Plaintiffs despite the fact that it was responsive to Plaintiffs discovery requests. Plaintiffs encountered a copy in the marketplace. Plaintiffs' Joint Supplemental Disclosure Statement This was from a recent event honoring Plaintiffs that did not occur until 9/15/06, long after the discovery deadline of 9/30/05. Plaintiffs' Joint Supplemental Disclosure Statement This was from a recent event honoring Plaintiffs that did not even occur until long after the discovery deadline of 9/30/05. Plaintiffs' Joint Supplemental Disclosure Statement This was from a recent event honoring Plaintiffs that did not occur until July 8, 2006, long after the discovery deadline of 9/30/05. Plaintiffs' Joint Supplemental Disclosure Statement This is a DVD that should have been produced by HGI in discovery. Plaintiffs' Joint Supplemental Disclosure Statement This is a DVD that should have been produced by HGI in discovery. Plaintiffs' Joint Supplemental Disclosure Statement This is a DVD that should have been produced by HGI in discovery.

October 27, 2006

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October 27, 2006

October 27, 2006

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Exhibit # & Description 195 (VHS "Curly" Neal "Harlem Globetrotters The Best Team Ever) 197-198 ("The Harlem Globetrotters" by Josh Wilker)

Date of Disclosure October 27, 2006

Explanation Plaintiffs' Joint Supplemental Disclosure Statement This VHS tape was recently discovered by Plaintiff Neal containing old footage of HGI playing. Copies were provided to Defendants. Excerpts submitted with Plaintiffs' Summary Judgment filings This book contains images of Plaintiffs and interviews and pictures of Mannie Jackson. It was purchased by Plaintiffs in the marketplace, but should have been produced by HGI in discovery. Due to the Court's pretrial rulings, Plaintiffs are precluded from offering these FRE 1006 damages summary exhibits at trial. Due to the Court's pretrial rulings, Plaintiffs are precluded from offering these FRE 1006 damages summary exhibits at trial. The affidavit was attached as Exhibit "L" to Doc. 248 (Statement of Contraverting Facts In Support of Plaintiff Meadowlark Lemon's Response to Defendant GTFM, LLC's Motion for Summary Judgment) Due to the Court's pretrial rulings, Plaintiffs are precluded from offering these FRE 1006 damages summary exhibits at trial.

Oct./Nov. 2006

376 (Affidavit of Oliver Phipps dated 10/31/2006 with Exhibits) 378 (Japanese Sales Chart) 541 (Affidavit of Edwin Mutum) 577 (Summary Chart of Damages for Plaintiff Lemon)
II.

October 31, 2006

October 31, 2006 Nov. 23, 2005

October 31, 2006

WITNESSES (All Witnesses were included on the Proposed Final Pretrial Order submitted 11/15/2006).

Name (in alphabetical order) Phillip Anderson

Date of Disclosure May 26, 2006

Explanation Disclosed in Plaintiffs' Third Supplemental Disclosure Statement

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Name (in alphabetical order) Phillip Crandall Custodian of Records Supreme Court of NY Custodian of Records Eastern District of AR Michael A. DiLoreto Roy Disney Ed Garvey

Date of Disclosure May 26, 2006 N/A

Explanation Disclosed in Plaintiffs' Third Supplemental Disclosure Statement Pursuant to the Court's Pretrial Rulings, Plaintiffs' are precluded from calling this witness at trial. Pursuant to the Court's Pretrial Rulings, Plaintiffs' are precluded from calling this witness at trial. Disclosed in Plaintiffs' Third Supplemental Disclosure Statement Disclosed in Plaintiffs' Third Supplemental Disclosure Statement Pursuant to the Court's Pretrial Rulings, Plaintiffs' are precluded from calling this witness at trial. Plaintiffs agreed to withdraw this witness Pursuant to the Court's Pretrial Rulings, Plaintiffs' are precluded from calling this witness at trial. Pursuant to the Court's Pretrial Rulings, Plaintiffs' are precluded from calling this witness at trial. Plaintiffs agreed to withdraw this witness Disclosed in Plaintiffs' Second Supplemental Disclosure Statement Disclosed in Plaintiffs' Third Supplemental Disclosure Statement

N/A

May 26, 2006 May 26, 2006 N/A

Ben Green Kitty Hall

N/A N/A

Joan Haynes

N/A

Cynthia Lemon Rose Neal Robert Perille

N/A May 4, 2006 May 26, 2006

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Name (in alphabetical order) Jerry Saperstein James Todd Smith a/k/a LL Cool J

Date of Disclosure N/A May 4, 2006

Explanation Plaintiffs agreed to withdraw this witness Disclosed in Plaintiffs' Second Supplemental Disclosure Statement 22nd day of January 2007.

RESPECTFULLY SUBMITTED this

By: /s/ Clay M. Townsend CLAY M. TOWNSEND, ESQUIRE KEITH MITNIK, ESQUIRE Morgan & Morgan, PA Attorneys for Plaintiffs Fred Neal, Larry Rivers, Robert Hall, Dallas Thornton, Marques Haynes and James Sanders By: /s/ Anders Rosenquist Anders Rosenquist, Jr. Florence M. Bruemmer ROSENQUIST & ASSOCIATES Attorneys for Plaintiff Meadowlark Lemon

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CERTIFICATE OF SERVICE Florence M. Bruemmer declares as follows: 1. I am and was at all times mentioned herein a citizen of the United States and a resident of Maricopa County, Arizona over the age of 18 years of age and not a party to the action or proceeding. I am an attorney with Rosenquist & Associates. 2. I hereby certify that on January 23rd , 2007, a true and correct copy of the foregoing PLAINTIFFS' CORRECTED REVISED CHART ATTACHED AS EXHIBIT "A" TO DOC. #539 was hand-delivered to the following parties: Edward R. Garvey Christa Westerberg Garvey McNeil & McGillivray 634 West Mail Street Suite 101 Madison, WI 53703 Attorneys for Defendants Harlem Globetrotters Int'l, Inc. and Jackson Ira Sacks, Esq. Safia A. Anand, Esq. DREIR, LLP 499 Park Avenue New York, NY 10022 Attorneys for Defendant GTFM, LLC Joel L. Herz, Esq. Law Offices of Joel L. Herz 3573 East Sunrise Drive, Suite 215 Tuscon, Arizona 85718 Telephone: (520) 529-8080 Attorneys for Defendants FUBU the Collection, LLC GTFM of Orlando, LLC d/b/a FUBU Company Store Robert W. Goldwater, III, Esq. The Goldwater Law Firm, P.C. 15333 North Pima Road, #225 Scottsdale, Arizona 85260
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Attorneys for Plaintiffs Neal, Rivers, Thorton, Hall, Haynes and Sanders Ray K. Harris Fennemore Craig 2003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Attorneys for Defendants Harlem Globetrotters Int'l, Inc., Harlem Globetrotters Int'l Foundation, and Jackson Karl M. Tilleman P. Bruce Converse Jason Sanders Steptoe & Johnson LLP Collier Center 201 East Washington Street Suite 1600 Phoenix, Arizona 85004-2382 Attorneys for Defendants Harlem Globetrotters Int'l, Inc., Harlem Globetrotters Int'l Foundation, and Jackson

3. I declare under the penalty of perjury under the laws of the United States that the foregoing is a true and correct. Executed this 22nd day of January 2007, at Phoenix, Arizona.

/s/ Florence M. Bruemmer Florence M. Bruemmer

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