Free Reply to Response to Motion - District Court of Arizona - Arizona

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Anders Rosenquist, Jr. #002724 Florence M. Bruemmer #019691 Rosenquist & Associates 80 E. Columbus Phoenix, Arizona 85012 Attorneys for Plaintiff Lemon Morgan & Morgan, P.A. 20 N. Orange Avenue, 16th Floor Orlando, FL 32801 Clay M. Townsend, Esquire Bar No.: 023414 Brandon S. Peters, Esquire Bar No.: 022641 Keith R. Mitnik, Esquire Bar No.: 436127 Attorneys for Neal Plaintiffs IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA MEADOWLARK LEMON, a married man, Plaintiff, vs. HARLEM GLOBETROTTERS PLAINTIFFS' REPLY TO RESPONSE INTERNATIONAL, INC., an Arizona TO MOTION TO DETERMINE corporation; HARLEM GLOBETROTTERS INTERNATIONAL FOUNDATION, INC., an CONFLICT OF INTEREST Arizona corporation; MANNIE L. JACKSON and CATHERINE JACKSON, husband and wife; FUBU THE COLLECTION, LLC, a New York limited liability company doing business in (Not to be filed without Order of the Court) Arizona; GTFM, LLC, a New York limited (Contains Highly Confidential Information) liability company doing business in Arizona; Defendants. Case No. CV-04-0299 PHX DGC & CV-04 1023 DGC

Case 2:04-cv-00299-DGC

Document 444

Filed 09/06/2006

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HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation, Counter-claimant, vs. MEADOWLARK LEMON, a married man, Counterdefendant.

COMES NOW THE PLANTIFFS, through undersigned counsel and submits the following attached documents in further support of Plaintiffs Motion to Determine Conflict of Interest. The attached documents consist of a settlement letter from Plaintiff's attorney, as well as articles and information that was compiled from the internet websites of Shamrock and HGI, and the sales agreement. These attached documents lend further support to Plaintiffs' assertion that a conflict of interest exists, and that the new owners of the Harlem Globetrotters International, Inc. are necessary parties that need a "key representative physically present at the Settlement Conference." First, as the attached settlement letter from Plaintiff's counsel shows, Plaintiff has told Defendants that persons from Disney need to participate in settlement discussions to discuss the possibility of broad, long term licensing agreements. Second, the attachments clearly show the relationship between Roy Disney and the Shamrock Group, and as a result it is essential that persons representing the Shamrock Group be present at the settlement conference. In particular, as the attached documents show, Robert F. Perille and Michael LaSalle are the persons with management authority within the Shamrock Group who would most likely have the authority
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necessary to negotiate any long term licensing agreements. Mr. Perille is the managing director of Shamrock Capital Advisors and Mr. LaSalle is the vice president of Shamrock Capital Advisors. Both Mr. Perille and Mr. LaSalle are top executives on the board of Shamrock Advisory Group and on the board of HGI of Nevada, and both were signors, on behalf of the buyers, to the agreement to purchase the Harlem Globetrotters. It should be further noted, as the attached document demonstrates, that Abigail Disney is vice-chairman of Shamrock Capital Advisors and also on the board of directors for the Harlem Globetrotters. Ms. Disney would most likely have authority to negotiate any licensing

agreements. Having either Mr. Perille, Mr. LaSalle, or Ms. Disney present at the settlement conference would eliminate any possibilities of a conflict and would ensure that the new owners' best interests are represented. RESPECTFULLY SUBMITTED this 6th day of September 2006.

ROSENQUIST & ASSOCIATES By: /s/Anders Rosenquist Anders Rosenquist, Jr. Florence M. Bruemmer Attorneys for Plaintiff Meadowlark Lemon

MORGAN & MORGAN P.A. By: /s/ Clay M. Townsend Clay M. Townsend, Esquire Florida Bar No.: 363375 Keith Mitnik, Esquire Florida Bar No.: 436127 Brandon S. Peters, Esquire Florida Bar No.: 965685 Attorneys for Plaintiffs Fred Neal, Larry Rivers, Robert Hall, Dallas Thornton, Marques Haynes and James Sanders
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CERTIFICATE OF SERVICE Florence M. Bruemmer declares as follows: 1. I am and was at all times mentioned herein a citizen of the United States and a resident of Maricopa County, Arizona over the age of 18 years of age and not a party to the action or proceeding. I am an attorney with Rosenquist & Associates. 2. I hereby certify that on September 6th , 2006, a true and correct copy of the foregoing PLAINTIFFS' REPLY TO RESPONSE TO MOTION TO DETERMINE CONFLICT OF INTEREST, with attachments, was sent by email and first-class mail to: Edward R. Garvey ­ [email protected] Safia A. Anand ­ [email protected] Joel Louis Herz ­ [email protected] Ira S. Sacks ­ [email protected] Robert W. Goldwater, III ­ [email protected] Clay Townsend ­ [email protected] Ray Harris ­ [email protected] 3. I hereby certify that on September with attachements, to: 6 I emailed a copy of the foregoing document,

Honorable David Campbell Arizona District Court [email protected] Honorable Lawrence Anderson Arizona District Court [email protected] 3. I declare under the penalty of perjury under the laws of the United States that the foregoing is a true and correct. Executed this 6th day of September 2006, at Phoenix, Arizona.

/s/Florence M. Bruemmer Florence M. Bruemmer
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