Free Motion in Limine - District Court of Arizona - Arizona

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Ray K. Harris, # 007408 FENNEMORE CRAIG, P.C. 3003 N. Central Ave., Suite 2600 Phoenix, AZ 85012-2913 (602) 916-5414 Edward R. Garvey, admitted pro hac vice GARVEY McNEIL & McGILLIVRAY 634 W. Main Street, Suite 101 Madison, WI 53703 (608) 256-1003 Attorneys for Defendants Harlem Globetrotters Int' l, Inc. and Mannie L. & Catherine Jackson UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MEADOWLARK LEMON, et al., Plaintiffs vs. HARLEM GLOBETROTTERS INTERNATIONAL, INC., et al., Defendants ) ) ) ) ) ) ) ) ) )

Case No. CV 04-0299 PHX-DGC Case No. CV 04-1023-PHX-DGC

DECLARATION OF EDWARD R. GARVEY IN SUPPORT OF DEFENDANTS' IN LIMINE MOTION TO PRECLUDE EVIDENCE AND WITNESSES VIOLATING THE JULY 26, 2006, ORDER

EDWARD R. GARVEY declares as follows under penalty of perjury pursuant to 28 U.S.C. § 1746: 1. I am a partner in the firm of Garvey McNeil & McGillivray, S.C.,

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attorneys for defendants Harlem Globetrotters International, Inc. and Mannie & Catherine Jackson. I submit this declaration in support of Defendants' In Limine Motion to
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Preclude Evidence and Witnesses Violating the July 26, 2006, Order. 2. Plaintiffs submitted their final pre-trial order and exhibits to Defendants on Plaintiffs' proposed final pre-trial order, emailed on

or before November 1, 2006.
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October 31, 2006, by Lemon attorney Florence Bruemmer, listed twenty-three Plaintiffs' witnesses for trial. 3. On November 10, 2006, Defendants received an email copy of Plaintiffs'

"revised" proposed final pre-trial order from Vanessa Braeley, assistant to Neal attorney
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Clay Townsend. The "revised" proposed final pre-trial order included the following thirteen witnesses not previously contained in the October 31, 2006, version: Dallas Thornton Kitty Hall Joan Haynes Oliver Phipps Peter Gallo Phillip Crandall Roy Disney Robert Perille Michael DiLoreto Custodian of Records, Supreme Court of New York Custodian of Records, Eastern District of Arkansas Phillip Anderson Paul Horton 4. Some of the thirteen additional witnesses had never previously been

disclosed to Defendants, including Kitty Hall, Joan Haynes, and the two custodians of records. 5. On the afternoon of November 15, 2006, as the parties were exchanging

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drafts of the joint pre-trial order to be filed with the court, Plaintiffs added yet another witness to their list: me. Needless to say, Plaintiffs had never previously disclosed me as
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one of their witnesses. 6. On November 10, 2006, Defendants received a package of new exhibits

from the Neal Plaintiffs that had not been provided to Defendants on or before the
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November 1, 2006, deadline. These were identified as Plaintiffs' exhibits 379-398. 7. Additionally, Defendants did not receive correct copies of Plaintiffs'

exhibits 574-576 until November 13, 2006, after requests by Defendants' counsel.

I declare under penalty of perjury that the foregoing is true and correct. Dated: Madison, Wisconsin November 15, 2006 /s/ Edward R. Garvey Edward R. Garvey

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Case 2:04-cv-00299-DGC