Free Response in Opposition to Motion - District Court of Arizona - Arizona

EXHIBIT "E"
Case 2:04-cv-00299-DGC Document 541-7 Filed 11/22/2006 Page1 0f3

1 UNITED STATES DISTRICT COURT
2 5 FOR THE DISTRICT OF ARIZONA
3 _ ..._.....
4 MEADOWLARK LEMON, a married man,)
et al., )
5 )
Plaintiffs, ) CV 04—O0299—PHX—DGC
6 >
vs. ) Phoenix, Arizona
7 ) September 30, 2005
HARLEM GLOBETROTTERS )
8 INTERNATIONAL, INC., et al., )
)
9 Defendants. )

10
11
12
13 BEFORE: THE HONORABLE DAVID G. CAM BELL, JUDGE
14
V 15 REPORTER'S TRANSCRIPT OF PROCEEDINGS
16 TELEPHONIC DISCOVERY DISPUTE
I 17
V 18
19
y 20
J 21
i Official Court Reporter:
il 22 Patricia Lyons, RPR, CRR
1 Sandra Day O'Connor U.S. Courthouse, Suite 312
23 401 West Washington Street, Spc. 41
y Phoenix, Arizona 85003—215O
1 24 (602) 322-7257
1 25 Proceedings Reported by Stenographic Court Reporter
1 Transcript Prepared by Computer—Aided Transcription
A Cas 2:04-cv—00299-DGC Document 541-7 Filed 11/22/2006 Page2of3

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/{;j;;i;j/3?/ MR. GARVEY: The newspapers, and that's what I'm
2 going on, announced it on the 28th or 29th of September.
3 THE COURT: Was there any change to the corporation?
i 4 MR. GARVEY: None whatsoever, Your Honor. 1t's still
16:20:09 5 exactly the same as it was.
6 THE COURT: Do you anticipate asserting any positions
7 in motion practice that are in any way related to this change?
8 MR. GARVEY: No, Your Honor. And Mr. Townsend had
9 raised the question with me by e—mail this morning if we
16:20:31 10 contemplated a change in parties, and we do not. Nor any
11 change in counsel or any other motions.
12 THE COURT: Okay. Hold on just a minute.
13 Mr. Garvey, let's —— if this happened six months ago
Q 14 and there were still six months left in the discovery period
16:21:26 15 and you received a document production request seeking
16 production of all transaction-related documents, would you
17 have some basis for objecting?
18 MR. GARVEY: I don't know the answer to that
19 question, Your Honor, because I was not involved in the actual
16:21:45 2O negotiations, nor did I know about it until actually the same
21 newspaper articles appeared.
22 I have subsequently checked with Mr. Jackson and
23 Mr. Syracuse and Ms. Linahan (phonetic) to find out exactly
24 what the status of the entity is, and it’s exactly the same.
16:22:02 25 Our objection would be that corporations that are
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