Free Motion in Limine - District Court of Arizona - Arizona

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FENNEMORE CRAIG, P.C. Ray K. Harris (No. 007408) 3003 North Central Avenue Suite 2600 Phoenix, AZ 85012-2913 Telephone: (602) 916-5000 Email: [email protected] Edward R. Garvey, admitted pro hac vice GARVEY McNEIL & McGILLIVRAY 634 W. Main Street, Suite 101 Madison, WI 53703 Telephone: (608) 256-1003 Email: [email protected] 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. DEFENDANTS' IN LIMINE MOTION TO EXCLUDE EVIDENCE RELATING TO THE PURCHASE OR OWNERSHIP OF HGI BY SHAMROCK HOLDINGS, INC. AND THE OWNERSHIP OF SHAMROCK HOLDINGS Nos. CV-04-0299 PHX DGC and CV-041023 PHX DGC

Defendants GTFM, LLC, Harlem Globetrotters International, Inc. and Mannie L. and Catherine Jackson submit this joint motion pursuant to Fed. R. Evid. 402 and 403, and the inherent powers of the Court, for an order precluding Plaintiffs from offering at trial any evidence relating to the purchase or ownership of HGI by Shamrock Holdings, Inc., and the ownership of Shamrock Holdings, Inc.1 Plaintiffs seek to offer at trial exhibits related to Shamrock Holdings, Inc.' s ("Shamrock' purchase and ownership of HGI stock in 2005, including hundreds of s") pages of transactional documents. (Pls. Exhibits 64, 550, 571.) Additionally, Plaintiffs

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intend to call Shamrock representatives to "testify to facts surrounding the purchase of operations of HGI by [Shamrock]" and "facts surrounding the sale and relationship of HGI, Mannie Jackson and new owner, [Shamrock]." One of these proffered witnesses is Roy Disney, a Shamrock principal. Presentation of such evidence is patently irrelevant to the remaining claim in this case and would be highly prejudicial to Defendants. It must be precluded. Shamrock' identity as a shareholder of HGI is not relevant to the alleged s violation of Plaintiffs' right of publicity. The conduct giving rise to this suit occurred prior to Shamrock' September 2005 purchase of HGI stock. s Indeed, the license

agreement at issue in this case was not only executed prior to the sale, it also expired well before Shamrock became an HGI shareholder. Syracuse Aff. ¶ 10, Ex. I (Doc. # 208). The very issue of HGI' ownership is not relevant to the case because Plaintiffs have not s alleged facts to "pierce the corporate veil" and obtain judgment against HGI' s shareholders. Even Mannie Jackson, who-- unlike Shamrock-- participated in

negotiating the license agreement, is only named in this case as a corporate officer, and not a shareholder. SJ Order, 6/27/06, at 28 (Doc. # 425). Therefore, any evidence regarding Shamrock' role as a shareholder of HGI is irrelevant because "it does not tend s to make ` fact that is of consequence to determination of the action' any more or less any probable." Armstrong v. United States, et al., 2004 U.S. Dist. LEXIS 18856 at *2 (D. AK 2004) (quoting Fed. R. Evid. 401). The same is true for the September 2005 stock purchase itself. As Mannie

Jackson testified in an October 14, 2005, affidavit, Shamrock' stock purchase did not s alter the corporate status or structure of HGI. Jackson Aff. (Doc. # 179). Plaintiffs did

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This motion is made without prejudice to Defendants'other in limine motions, Trial Brief, Motion to Strike or Opposition to Plaintiffs'Motion for Pre-Admission.

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not and could not produce any evidence that contradicted Mr. Jackson' statements or any s evidence that would justify including HGI' new shareholders in this litigation. s Finally, this Court has also already determined that Shamrock is not properly involved in the case. In September 2006, Plaintiffs again attempted to involve Shamrock by moving this Court to determine whether there was a conflict of interest between Defendant Mannie Jackson and Shamrock for purposes of representation at a settlement conference. Pls.' Mot. (Doc. # 446). This Court denied Plaintiffs' motion and stated that Shamrock and its officers were "not parties in this case." Order at 1 (Doc. # 448). HGI was appropriately represented at the conference by HGI' CEO, Mr. Jackson. s Plaintiffs clearly hope to involve Shamrock and the Disney name in this case to signal to the jury that "deep pockets" are behind HGI and the license agreement. Thus, Shamrock' involvement is not only completely irrelevant to Plaintiffs' right of publicity s claim, but it is highly prejudicial. Any such information would mislead the jury and be unduly prejudicial to Defendants; thus, it cannot be permitted into evidence. PROPOSED LANGUAGE FOR ORDER Pursuant to ¶ 7 of the Pretrial Order, Defendants respectfully request that the Court enter an order stating that Plaintiffs are precluded at trial from arguing that, or offering any evidence at trial of the purchase or ownership of HGI by Shamrock Holdings, Inc., or the ownership of Shamrock Holdings, Inc RESPECTFULLY SUBMITTED this 15th day of November, 2006. By: s/ Ira S. Sacks_________________ By: s/ Edward R. Garvey____________ Ira S. Sacks, admitted pro hac vice Edward R. Garvey, admitted pro hac vice Safia A. Anand, admitted pro hac vice Christa Westerberg, admitted pro hac vice DREIER LLP GARVEY McNEIL & 499 Park Avenue McGILLIVRAY, S.C. New York, NY 10022 634 W. Main St. #101 Telephone: 212-328-6100 Madison, WI 53703 Facsimile: 212-328-6101 Telephone: 608-256-1003 [email protected] Facsimile: 608-256-0933
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[email protected] Joel L. Herz, Esq. State Bar No. 015105 Law Offices of Joel L. Herz 3573 East Sunrise Drive, Suite 215 Tucson, AZ 85718 Telephone: 520-529-8080 Facsimile: 520-529-8077 [email protected] Attorneys for Defendant GTFM, LLC Ray K. Harris, # 007408 FENNEMORE CRAIG, P.C. 3003 N. Central Ave., Suite 2600 Phoenix, AZ 85012-2913 Telephone: 602-916-5000 Facsimile: 602-916-5999 [email protected] Attorneys for Defendants Harlem Globetrotters Int' Inc. and Mannie l, L. & Catherine Jackson

CERTIFICATE OF SERVICE 1. I hereby certify that on November 15, 2006, a true and correct copy of Defendants' In Limine Motion to Exclude Evidence Relating to the Purchase or Ownership of HGI by Shamrock Holdings, Inc. and the Ownership of Shamrock Holdings was electronically transmitted to the Clerk' Office using the CM/ECF System s for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Safia A Anand [email protected] [email protected]\ [email protected]

Florence M Bruemmer

Robert Williams Goldwater III Joel Louis Herz

[email protected], [email protected] [email protected], [email protected],

Brandon Scott Peters

[email protected] Anders V Rosenquist , Jr Ira S Sacks [email protected]

[email protected] [email protected], [email protected];

Clay M Townsend

[email protected] 2. I hereby certify that on November 15, 2006, a true and correct copy of the attached document was sent via U.S. Mail, postage paid thereon, to the following parties, at the addresses listed: Keith R. Mitnik Morgan & Morgan, PA
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20 N. Orange Ave. Suite 1600 Orlando, FL 32802 s/ Melody Tolliver

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