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

1 2 3 4 5 6 7 8 9 Plaintiff/Counterdefendant 10 11 12 13 14 15 16 17 18 19 20 Jackson and Catherine Jackson (collectively referred to as the "HGI Defendants")(the FUBU 21 Defendants and the HGI Defendants are collectively referred to as "Defendants"); and the 22 23 24 25 26 27 28 1 plaintiffs Fred "Curly" Neal, Marques Haynes, Robert "Showboat" Hall, Larry "Gator" Rivers, Dallas "Big D" Thornton and James "Twiggy" Sanders (collectively, the "Neal Plaintiffs") and Meadowlark Lemon ("Lemon")(the Neal Plaintiffs and Lemon are collectively referred to as "Plaintiffs") having failed to reply to Defendants' request for their consent to this motion; and to THIS MATTER having been presented to the Court in a Motion Regarding the Oral Argument on June 2, 2006 by Defendants GTFM, LLC ("GTFM"), FUBU The Collection, LLC and GTFM of Orlando, LLC d/b/a FUBU Company Store ("GTFM of Orlando")(collectively referred to as the "FUBU Defendants"), along with Defendants Harlem Globetrotters International Inc. ("HGI"), Harlem Globetrotters International Foundation Inc., Mannie L. vs. HARLEM GLOBETROTTERS INTERNATIONAL, INC., et al., Defendants/Counterclaimants UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MEADOWLARK LEMON, a married man, ) ) ) ) ) ) ) ) ) ) )

Case No. CV 04-0299 PHX-DGC Case No. CV 04-1023-PHX-DGC PROPOSED ORDER

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assist in the preparation of counsel, to ensure key issues important to the disposition of the pending motions are addressed, and to expedite the oral arguments scheduled for June 2, 2006, the Court sets the following schedule: IT IS on this __ day of _______________, 2006:

5 6 7 8 9 10 11 12 to GTFM's Opposition to the Neal Plaintiffs' Motion for Summary Judgment; 13 6) The HGI Defendants' Motion to Strike the Affidavit of Edwin Mutum; 14 15 16 17 18 19 20 1) GTFM's Motion for Summary Judgment; 21 2) The Neal Plaintiffs' Motion for Summary Judgment; 22 23 24 25 26 27 28 2 3) Lemon's Motion for Summary Judgment; 4) The HGI Defendants' Motion for Summary Judgment; and 5) GTFM's Motion to Strike Plaintiffs' Expert Report; and it is further 7) The HGI Defendants' Motion for Sanctions against Plaintiffs; and 8) The FUBU Defendants' Partial Opposition to the Neal Plaintiffs' "Request" for Judicial Notice of Certain Facts Under Rule 201 of the Federal Rules of Evidence; and it is further ORDERED that portions of the following motions be argued on June 2: ORDERED that the following motions be decided solely on the papers: 1) FTC's and GTFM of Orlando's Renewed Motion for Summary Judgment; 2) GTFM's Motion to Strike Plaintiffs' Third Supplemental Disclosure Statement; 3) The HGI Defendants' Motion for Summary Disposition; 4) The Neal Plaintiffs' First Motion to Dismiss FTC and GTFM of Orlando; 5) FTC and GTFM of Orlando's Motion to Strike Portions of the Neal Plaintiffs' Reply

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ORDERED that the oral argument be divided by subject matter into four separate segments, with each segment dealing with one of the following "major issues": 1) the contract issues; 2) the Lanham Act issues; 3) the state law issues; and 4) the issues relating to the Plaintiffs' damages claims; and it is further

5 6 7 8 9 10 11 12 state law claims, including Plaintiffs' right of publicity claim, false light invasion of privacy 13 claim and defamation claim; and b) the issues relating to the Plaintiffs' damage report, as well as 14 15 16 17 18 19 20 this Order; and it is further 21 ORDERED that Plaintiffs argue first on all of the issues, with the exception of the 22 23 24 25 26 27 28 3 further damage issue; and it is further ORDERED that no rebuttal time will be allowed during the oral argument; and it is Plaintiffs' unjust enrichment claim; and it is further ORDERED that the time for each for each of the above-referenced "major issues" be divided equally between Plaintiffs as a group and Defendants as a group with each side allocating the time accordingly between themselves; and it is further ORDERED that the Parties should not feel compelled to use all of the time permitted by ORDERED that the first hour be limited to argument on issues related to the claims and defenses concerning the player contracts; and it is further ORDERED that the second hour be limited to oral argument on issues related to the claims and defenses concerning the Plaintiffs' Lanham Act claims; and it is further ORDERED that the third hour be broken up into two parts with 30 minutes being allocated to both of the following issues: a) the issues relating to claims and defenses under the

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ORDERED that the above time and other limitations will be strictly enforced.

DATED this __________day of _______, 2006.

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