Free Motion to Strike - District Court of Arizona - Arizona

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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 PROPOSED ORDER

THIS MATTER having been presented to the Court on the motion of Defendants, for an order (i) striking the Analyses of Oliver Phipps, dated October 27, 2006 (the "Phipps II Analysis") and October 31, 2006 (the "Phipps III Analysis"), in their entirety; (ii) striking Plaintiffs' Joint Supplemental Disclosures, dated October 27, 2006, and Plaintiffs' Second Joint Supplemental Disclosures, dated October 31, 2006, in their entirety; and (iii) imposing sanctions on Plaintiffs and their counsel; or in the alternative, (iv) reopening expert discovery in this matter for at least six months so that Defendants can properly analyze the Phipps II and Phipps III Analyses and respond thereto, and the Court having considered the submissions of any and all parties, and good cause having been shown for the entry of the following: IT IS on this __ day of _______________, 2006; ORDERED that the Phipps II and Phipps III Analyses are stricken in their entirety; and it is further

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Case 2:04-cv-00299-DGC

Document 469-3

Filed 11/01/2006

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ORDERED that Plaintiffs' Joint Supplemental Disclosures, dated October 27, 2006 and Plaintiffs' Second Joint Supplemental Disclosures, dated October 31, 2006, are stricken in their entirety; and it is further

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ORDERED that Plaintiffs and their counsel are sanctioned in the amount of $__________________; and it is further ORDERED that the Defendants' counsel serve a copy of the within Order upon all counsel of record within _____ days after its receipt.

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DATED this __________day of _____________, 2006.

Case 2:04-cv-00299-DGC

Document 469-3

Filed 11/01/2006

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