Free Affidavit - District Court of Arizona - Arizona

1 2 3 4 5 vs.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MEADOWLARK LEMON, a married man, Plaintiff, Case Nos.: CV 04 0299 PHX DGC and CV-04-1023 PHX DGC

HARLEM GLOBETROTTERS 6 INTERNATIONAL, INC., et al.; 7 8 FRED "CURLY" NEAL, et al. 9 10 vs. Plaintiffs, Defendants.

AFFIRMATION OF ROBERT MELONI

11 HARLEM GLOBETROTTERS INTERNATIONAL, INC., et al.; 12 Defendants. 13 HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona 14 corporation, 15 16 17 18 19 20 21 22 23 24 25 26 ROBERT MELONI, an attorney duly admitted to appear before the Courts of the State of New York, hereby affirms the following under penalties of perjury: 1. I am a member of Robert S. Meloni, P.C., Attorneys at Law, and am counsel for vs. Counter-claimant,

MEADOWLARK LEMON, a married man, Counter-defendant.

James Todd Smith, professionally known as L.L. Cool J. 2. Other than as expressly stated, the matters set forth herein are based upon my

personal knowledge.

Case 2:04-cv-00299-DGC

Document 399

Filed 05/09/2006

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3.

I am counsel to Mr. Smith, the plaintiff in an action pending in Supreme Court of

the State of New York, County of New York entitled James Todd Smith p/k/a LL Cool J v. GTFM, et al [Index No. 102364/05(Justice B. Fried)] (the "Action"). Two weeks ago, I sent a request to United Lawyer's Service ("ULS"), a service I use for filing and retrieval of court documents, to provide me with a certified copy of the "Affidavit of James Todd Smith In Support of Motion to Compel and In Opposition to Cross-Motion" dated November 14, 2005 (12 pages plus exhibits) (the "Smith Affidavit"), which was filed in the Action in connection with a motion and cross-motion submitted to Justice Fried and argued on December 23, 2005. 4. It has been more than four months since oral argument, and Justice Fried has not

decided the motion. As is the customary practice, Justice Fried has possession of the case files while motions are under submission. Charles Klein, counsel for the defendants in the Action, wrote to Justice Fried on April 5, 2006, under the "60-day rule", advising Justice Fried that it was more than 60 days since the motion was submitted and argued, and requested that the motions be decided. 4. As stated in the attached report, ULS advised me last week that it could not provide

me with a certified copy of the Smith Affidavit as it had not yet been entered in the Clerk's office. On May 8, 2006, I spoke with Justice Fried's law clerk, Walter Mullen, and asked him whether I could send someone to retrieve the case file from Justice Fried so we could make a copy of the Smith Affidavit and get it certified by the Clerk. He said it would be no problem to do so. 5. However, that same day, I called the Clerk of the Court for New York County

regarding certification of the Smith Affidavit. He informed me that since the motion papers relating to the Smith Affidavit had not yet been "entered" in the Clerk's office (which will only happen after the Judge decides on the motion), the Clerk was unable to certify the Smith Affidavit.

Case 2:04-cv-00299-DGC

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6.

In the interim, I affirm that, having drafted the said Smith Affidavit and, acting as a

legal representative of Mr. Smith, the Smith Affidavit is authentic and true, and will be certified as such upon its entry with the Supreme Court of the State of New York, County of New York. I affirm under penalty of perjury that the foregoing is true and correct. Dated: New York, New York May 9, 2006

______________________________
ROBERT S. MELONI

Case 2:04-cv-00299-DGC

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Filed 05/09/2006

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