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

EXHIBIT "E"
Case 2:04-cv-00299-DGC Document 524-6 Filed 11/21/2006 Page 1 013

p I Page I i
I I 1 E ‘
2 ‘ -UNITED STATES DISTRICT COURT I
. DISTRICT OF ARIZONA _ V ’ §
3 I »
{ MEADOWLARK LEMON, a married man,} " f
,? 4 Plaintiff, ) é
E, vs. ) CV 04 0299 _ §
i 5 > Pax nec ana
iif HARLEM GLOBETROTTERS ) CV 04-1023 _ Q
$1 6 INTERNATIONAL, INC., an ) PHX DGC §
·- z,V Arizona Corporation, HARLEM ) §
_Q 2 Globetrotters International } 2
2 FOUNDATION, INC., an Arizona ) Y
Q 9 Corporation; MANNIE L. JACKSON-) A
g and CATHERINE JACKSON, nusband_ ) A
§ 9 and wife; FUEU The Collection, ) {
Q LLC, a New York limited } {
A lc Liability company, doing ) i
fi Business in Arizona; GTFM, LLC, ) i
iQ" _ 12 A New York limited liability ) §
Si Company, doing business in ) §
QQ I2 Arizona, J ( QL g
* Defendants.` . ?
*2, I3 ———-—-————-—-——--—-------—— A —-—— i . 6 I/L Q iq I
Q FRED "CURLY" NEAL, LARRY "GATOR") . E .
Q; 14 RIVERS, DALLAS "BIG D" THORNTON,) _ A §
g` ROBERT "SHOWBOAT" HALL, MARQUES )_ ` §
Qi- 15 HAYNES, JAMES "TWIGGY" SANDERS, ) - Q
Q, _ Plaintiffs, ) · l F
16 vs. . >
y@f g HARLEM GLOBETROTTERS ) E
if. 17 INTERNATIONAL, INC., an ) i
E} Arizona Corporation, HARLEM ) 4
QQ XE Globetrotters International ;
]@p FOUNDATION, INC., an Arizona ) j
E lg Corporation; MANNIE L. JACKSON ) · 2
EQ and CATHERINE JACKSON, husband ) {
}§§ 2O and wife; FUBU The Collection, ) §
i$f LLC, a New York limited· ) Q
NE 21 Liability company, doing ) i
§$ Business in Arizona; GTFM, LLC, ) f
ki 22 A New York limited liability ) . _ E
iQ Company, doing business in ) §
yi' 23 Arizona, ) Q
ga Defendants. ) i `
24 ——————————---——-——-———-—-—————-— > 1
L':} 25 - .
Case 2:04-cv-00299-I}§_CRCpODtlggg{{;(e{gj{v§€g4—§INolgjbego1 1./21/2006 Page 2 of 3

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il Page 154 1 Page * g. ·...,j`
I 1 Blenden 1 Blenden "
l 2 him again. 2 license you just stop givingorders to make ` YQ
3 A. 'When you say manufacturer, are you 3 garments.
. 4 talking about factories that made? 4 Q. How did it happen in this case?
by 5 Q. I would think so. 5 A. I would imagine the same. We just ·
Q. 6 A. There is actually in the garment _ 5 stopped giving orders as we were getting
7 industry there is a distinction. that is why I 7 towards the end of the license.
8 am asking you. g 8 Q. Even though this came up with a
I 9 Q. Give me the two categories?"t 9 letter —— weren't you informed to stop by
1 1 O A. Well, for instance GTFM or FUBU l 1 O Mr. Jackson?
1 1 can be considered a manufacturer, although l 1 1 MR. SACKS: Object to the form. i
12 they don‘t actually own factories -— l 1 2 A. Maybe I am getting a little
13 Q. I am talking about the factories, r 1 3 confused. Stopped making Globetrotter
1 4 can you give me some names? 1 4 apparel, that is why -—
15 A. I could not. 15 Q. I will make it real easy.
1 6 Q. How were they told to -- how would { 16 A. Okay.
17 they have been informed to stop making the 17 Q. Did you all make any effort from 1
16 apparel when this came up? g 18 FUBU to notify manufacturers at the factory t .
...1 1 9 MR. SACKS: When what came up? ~l—19——»stop making the clothing because of any
2C Q. VVhen the shutdown came up —- { 2 O dispute that was ongoing with the Harlem .
I 2 L.-..A..» 11he»tei=aa·inet·ie p
22 Q. Yes. Did you at some time from j 22 MR. SACKS: Answer his question.
2 3 FUBU say stop making the clothes? l 2 3 A. ln that conteidl couldn‘t say yes
. 2 4 MR. SACKS: Object to the form. 2 4 or no because I would not have been the person
2 5 A. Typically towards the end- of the 2 5 to do that. • `
TSG Reporting — Worldwide 2l2—702—958O TSG Reporting - Worldwide 2l2-702-9580
.· ···~··~··~—-·——————-—»———————-—~—~—~ ' _ t
ll Page 156] Page 157
1 E-lenden. K 1 Blenden 1
li 2 Q. So you don't know? l 2 They said you are in breach and
¥ 3 A. l would not have —— based on your 3 the license is terminated, and we said ”
2 4 question I would not have been the person to 4 no, we are not, and no, it is not. That
; 5 do that, and I don't know who the person was. g 5 is in part what the litigation between
gi. 6 . Q. Do you know if it happened? 6 Mr. Garvey's client and FUBU is about on
. 7 A. Based on your question I couldn't l 7 the one hand. T
5 say ifit happened or ifit didn‘t happen. Y 6 On the other hand in tenns of
1 9 Q. You keep saying based on your I 9 FUBU's actions, as I understand them, we
10 question. lt always worries me that I am 1 O continued to proce-ed under the license
11 narrowly missing the answer. What is it about? 11 until its natural expiration, including
12 my question? 12 the sell off period. In i
I. 13 MR. SACKS: Can I try to clarify l 13 MR. MITNIK: So it would be your
T 14 something. My understanding of the f 1 4 understanding, just so I don't waste time
15 situation based on communications between 15 here, that there were not any letters to
{ 1 6 myself and Mr. Garvey is that we got a 1 6 manufacturers saying to shut it down. i
1 7 termination letter and we rejected it, 1 7 It/QR. SACKS: My understanding is
_ 1 8 and we continued to sell through the 18 that we acted only consistent with the
l 1 9 natural expiration of the license and the 1 9 natural expiration of the license and i
T 2 O sell off period. And if that helps 2 O whatever FUBU would have done in that
I 2 1 either you or the witness answer 21 regard, and not because of the default ji
r 22 questions, I believe factually based on 22 notice. _ ‘
I 2 3 communications that Mr. Garvey and I have 23 Iv[R. MITNIK: So put another way,
4 2 4 had, that that was our position and that 2 4 your understanding is there were no
c se 2;0zi¤as/tlirtraesiiitiiec Document 524-6 4f¤lIed 1l€l942*‘F/E@©G€f0YPEi§@’3l@¥"l*l¤€
TSG Reporting - Worldwide 212-702-95 80 TSG Reporting - Worldwide 212-702-9580 Q
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Case 2:04-cv-00299-DGC

Document 524-6

Filed 11/21/2006

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Case 2:04-cv-00299-DGC

Document 524-6

Filed 11/21/2006

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Case 2:04-cv-00299-DGC

Document 524-6

Filed 11/21/2006

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