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

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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. NEAL PLAINTIFFS' MOTION FOR LEAVE TO ANSWER THE COURT'S REQUEST FOR EVIDENCE LOCATION DURING ORAL ARGUMENT AT SUMMARY JUDGMENT HEARING 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 Plaintiffs, Fred "Curly" Neal, Larry "Gator" Rivers, Dallas "Big D" Thornton, Robert "Showboat" 26 Hall, Marques Haynes, and James "Twiggy" Sanders (collectively referred to as "Plaintiffs"), by and through Counter-defendant. NEAL PLAINTIFFS' MOTION FOR LEAVE TO ANSWER THE COURT'S REQUEST FOR EVIDENCE LOCATION DURING ORAL ARGUMENT AT SUMMARY JUDGMENT HEARING

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their undersigned counsel and pursuant to Fed.R.Civ.P. 56(e), hereby file this Motion for Leave to Answer the Court's Request for Evidence Location During Oral Argument at Summary Judgment Hearing and state as follows: 1. 2. This court heard oral argument on June 2, 2006 on summary judgment motions. The Court requested specific citations to Plaintiffs' evidence of damages by individual

6 Plaintiffs. 7 8 9 10 11 12 13 14 15 16 specific facts showing there is a genuine issue for trial and this Court specifically requested that Plaintiffs 17 provide the information. 18 19 20 21 22 23 24 25 26 27 28
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3.

Clay Townsend, counsel for Plaintiffs, submits herewith his Declaration stating that evidence

of damages to each individual Plaintiff was filed in their memoranda and statements of fact according to L.R.Civ.P. 56.1 as Plaintiffs' Exhibits 13 (specifically 13A & D), 9A, and 63, and are part of the record, and are in response to this Court's inquiry as to their location in the record. 4. Immediate response at the hearing to the location of this evidence was difficult because

Plaintiffs' exhibits were filed under seal as hard copies, and disks were provided to the Court, after which the clerk assigned their own number to the exhibits. 5. Fed.R.Civ.P. 56(e) permits the Court to receive supplements to affidavits setting forth

6.

Plaintiffs' Declaration, in an effort to assist the court, merely points the Court to the

requested citations and presents no new evidence. 7. If there was an obligation to further describe non-expert evidence regarding calculations of

damages by individual Plaintiff then the undersigned would implore the Court not to summarily end litigation for any such inadvertent oversight since the record evidence was filed and does exist. 8. If need be, Plaintiffs would ask for leave to supplement their pleadings or that the Court

provide another remedy so that Plaintiffs are not harmed.

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Based upon the foregoing, Plaintiffs respectfully request that the Court consider the information in the record as set forth in the Declaration of Clay Townsend. DATED this 5th day of June 2006.

By: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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____/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: Joel 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 Edward R. Garvey, Esq. and Christa Westerberg, Esq. GARVEY McNEIL & McGILLIVRAY, S.C. 634 W. Main St. #101 Madison, WI 53703

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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 Vanessa Braeley, declares as follows: 1. I hereby certify that on June 5, 2006, a true and correct copy of Neal Plaintiffs' Motion to Supplement Answers to Questions Posed by the Court During Oral Argument at Summary Judgment Hearing, 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 June 5, 2006, a true and correct copy of Neal Plaintiffs' Motion to Supplement Answers to Questions Posed by the Court During Oral Argument at Summary Judgment Hearing was sent by postage-prepaid first-class U.S. Mail to the following parties, at the addresses listed, towit: Joel L. Herz, Esq. LAW OFFICES OF JOEL L. HERZ

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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 3. I declare under the penalty of perjury under the laws of the United States that the foregoing is true and correct. DATED: June 6, 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

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