Free Motion for Miscellaneous Relief - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10

Morgan & Morgan, P. A.th 20 N. Orange Avenue, 16 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 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MEADOWLARK LEMON, a married man, Plaintiff, vs. PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO ALLOW PLAINTIFF ROBERT "SHOWBOAT" HALL TO APPEAR BY PHONE FOR THE SETTLEMENT CONFERENCE Case Nos.: CV 04 0299 PHX DGC and CV-04-1023 PHX DGC

HARLEM GLOBETROTTERS 11 INTERNATIONAL, INC., et al.; 12 Defendants.

13 FRED "CURLY" NEAL, et al. 14 15 vs. Plaintiffs,

HARLEM GLOBETROTTERS 16 INTERNATIONAL, INC., et al.; 17 Defendants. HARLEM GLOBETROTTERS 18 INTERNATIONAL, INC., an Arizona corporation, 19 Counter-claimant, 20 vs. 21 MEADOWLARK LEMON, a married man, 22 23 24 25 26 Counter-defendant. PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO ALLOW PLAINTIFF ROBERT "SHOWBOAT" HALL TO APPEAR BY PHONE FOR THE SETTLEMENT CONFERENCE Plaintiffs, Fred "Curly" Neal, Larry "Gator" Rivers, Dallas "Big D" Thornton, Robert "Showboat" Hall, Marques Haynes, and James "Twiggy" Sanders (collectively referred to as "Plaintiffs"), by and through

Case 2:04-cv-00299-DGC

Document 437

Filed 08/25/2006

Page 1 of 5

1 2 3 4 5

their undersigned counsel and pursuant to Paragraph 8 of the Order Setting Settlement Conference dated July 14, 2006, hereby file this Motion for Leave to Allow Plaintiff Robert "Showboat" Hall to Appear by Phone for the Settlement Conference and state as follows: 1. Plaintiff Robert "Showboat" Hall has been diagnosed with cancer. Although he has gone

through intense treatments of chemotherapy, which has improved the status of the disease, the side effects 6 of the chemotherapy have made it extremely difficult for Mr. Hall to function properly. 7 8 9 10 11 12 13 14 15 16 phone would be limited to key points and discussions throughout the day. 17 4. 18 19 20 21 22 23 24 25 26 Motion, and there are no oppositions. 27 28 -2act on the behalf of Mr. Hall throughout the day's conference. Mrs. Hall has her husband's best interest in mind, and holds with her full knowledge and understanding of his position in this instant action. Mr. Hall and all Plaintiffs are in agreement that Mrs. Hall's appearance at the settlement conference would allow for a reasonable and practical representation of Mr. Hall, and will not prejudice any Plaintiffs and/or Defendants by her presence. She has settlement authority and can, if desired by the Court, provide a limited power of attorney. 5. Please allow Plaintiffs to note they have conferred with all counsel on the filing of this Mrs. Kitty Hall, Mr. Hall's wife, has agreed to personally attend the settlement conference to 2. Plaintiff omits details of Mr. Hall's inability to function properly simply to maintain the

confidentiality of Mr. Hall. The Court may extract details of Mr. Hall's current medical condition upon review of the medical records provided by Mr. Hall (Letter from Dr. Littleton, Exhibit A). Exhibit A will be provided to the Court and all counsel in hard copy form, along with a Motion to File Exhibit Under Seal. 3. Mr. Hall is willing and able to participate via phone in the settlement conference scheduled

for September 28, 2006. However, Plaintiffs note that this Court has allocated the entire day for said settlement conference, and that it would be burdensome, overly expensive and nonsensical for Mr. Hall to participate by way of phone for the entire duration of the conference. As such, Mr. Hall's appearance by

Case 2:04-cv-00299-DGC

Document 437

Filed 08/25/2006

Page 2 of 5

1 2 3 4 5

Based upon the foregoing, Plaintiffs respectfully request that this Court grant leave for Plaintiff Mr. Robert Hall to appear by phone at the September 28, 2006 Settlement Conference on an as needed basis. Plaintiffs further request this Court allow Mrs. Kitty Hall to appear as Mr. Hall's personal representative, and state Plaintiffs will take whatever measures are needed or are Ordered by this Court to formally admit her to do so.

6 DATED this __25th__ day of August 2006. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3Joel L. Herz, Esq. LAW OFFICES OF JOEL L. HERZ La Paloma Corporate Center 3573 E. Sunrise Dr., Suite 215 Tucson, AZ 85718-3206 Attorneys for Defendants GTFM, LLC, FUBU the Collection, LLC and GTFM Of Orlando, LLC Ira S. Sacks, Esq. Safia A. Anand, Esq. DREIER, LLP 499 Park Avenue New York, NY 10022 Attorneys for Defendants GTFM, LLC, FUBU the Collection, LLC and GTFM of Orlando, LLC By: ____/S/ Clay M. Townsend___________ CLAY M. TOWNSEND, ESQUIRE Florida Bar No.: 363375 KEITH MITNIK, ESQUIRE Florida Bar No.: 436127 BRANDON S. PETERS Florida Bar No.: 965685 Morgan & Morgan, PA 20 N. Orange Avenue, 16th Floor Orlando, FL 32802 Telephone (407) 420-1414 Facsimile (407) 425-8171 Attorneys for Plaintiffs Fred Neal, Larry Rivers, Robert Hall, Dallas Thornton, Marques Haynes and James Sanders

PLEASE TAKE FURTHER NOTICE that copies of the above-referenced documents have been served via facsimile and first class mail on the following attorneys:

Case 2:04-cv-00299-DGC

Document 437

Filed 08/25/2006

Page 3 of 5

1 2 3 4 5 6 7 8 9 10

Edward R. Garvey, Esq. and Christa Westerberg, Esq. GARVEY McNEIL & McGILLIVRAY, S.C. 634 W. Main St. #101 Madison, WI 53703 Attorneys for Defendants Harlem Globetrotters Int'l, Inc., Harlem Globetrotters Int'l Foundation and Mannie L. & Catherine Jackson Anders Rosenquist, Jr., Esq. Florence M. Bruemmer, Esq. ROSENQUIST & ASSOCIATES 80 E. Columbus Phoenix, AZ 85012 Attorney for Plaintiff Lemon Certificate of Service Certificate of Service

11 Vanessa Braeley, declares as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -41. I hereby certify that on August 25th, 2006, a true and correct copy of Neal Plaintiffs' Motion for Leave was electronically transmitted to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Safia A. Anand ­ [email protected] Florence M. Bruemmer ­ [email protected], [email protected] Edward R. Garvey ­ [email protected] Robert Williams Goldwater, III ­ [email protected] Ray Kendall Harris ­ [email protected] Joel Louis Herz ­ [email protected], [email protected] Anders V. Rosenquist, Jr. - [email protected] Ira S. Sacks ­ [email protected] 2. I am and was at all times mentioned herein a citizen of the United States and a resident of Orange County, Florida, over 18 years of age and not a party to the within action or proceeding. My business address is 20 N. Orange Avenue, 16th Floor, Orlando, FL 32801, and I am employed as a legal assistant by Morgan & Morgan, P.A., Clay Townsend is an attorney admitted to practice in Florida and has been admitted pro hac vice in the District Court of Arizona, and directed that service be made. 3. I hereby certify that on August 25th, 2006, a true and correct copy of Neal Plaintiffs' Motion for Leave was sent by postage-prepaid first-class U.S. Mail to the following parties, at the addresses listed, to-wit:

Case 2:04-cv-00299-DGC

Document 437

Filed 08/25/2006

Page 4 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Joel L. Herz, Esq. LAW OFFICES OF JOEL L. HERZ La Paloma Corporate Center 3573 E. Sunrise Dr., Suite 215 Tucson, AZ 85718-3206 Attorney for Defendants, GTFM, LLC, FUBU the Collection, LLC and GTFM OF Orlando, LLC Ira S. Sacks, Esq. Safia Anand, Esq. DREIER LLP 499 Park Ave. New York, NY 10022 Attorneys for Defendants, GTFM, LLC, FUBU the Collection, LLC and GTFM of Orlando, LLC Edward R. Garvey, Esq. Christa Westerberg, Esq. GARVEY McNEIL & McGILLIVRAY, S.C. 634 W. Main Street, Ste. 101 Madison, WI 53703 Attorneys for Defendants Harlem Globetrotters Int'l. Inc., Harlem Globetrotters Int'l Foundation, and Mannie L. & Catherine Jackson Anders Rosenquist, Jr., Esq. Florence M. Bruemmer, Esq. ROSENQUIST & ASSOCIATES 80 E. Columbus Phoenix, AZ 85012 Attorney for Plaintiff Lemon
Deleted: ¶

3. I declare under the penalty of perjury under the laws of the United States that the foregoing is true and correct. DATED: August 25th, 2006. Signed: ____/S/Vanessa L. Braeley_________ Vanessa L. Braeley Legal Assistant to Clay Townsend MORGAN & MORGAN 20 N. Orange Avenue, 16th Floor Orlando, FL 32801 Attorneys for the Plaintiffs Curly Neal, Larry Rivers, Dallas Thornton, Marques Haynes, Robert Hall and James Sanders

Page Break

-5-

Case 2:04-cv-00299-DGC

Document 437

Filed 08/25/2006

Page 5 of 5