Free Reply - District Court of Arizona - Arizona

1 2 3 4 5

Anders Rosenquist, Jr. #002724 Florence M. Bruemmer #019691 Rosenquist & Associates 80 E. Columbus Phoenix, Arizona 85012 Attorneys for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No. CV 04-299 PHX-DGC and CV 04 1023 PHX-DGC

6 MEADOWLARK LEMON, a married man, 7 8 vs. 9 HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation; HARLEM 10 GLOBETROTTERS INTERNATIONAL FOUNDATION, INC., an Arizona corporation; 11 MANNIE L. JACKSON and CATHERINE JACKSON, husband and wife; FUBU THE 12 COLLECTION, LLC, a New York limited liability company doing business in Arizona; GTFM, LLC, a 13 New York limited liability company doing business in Arizona; 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 vs. MEADOWLARK LEMON, a married man, Counterdefendant. HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation, Counter-claimant, Plaintiff,

PLAINTIFF MEADOWLARK LEMON'S REPLY TO DEFENDANT HARLEM GLOBETROTTERS INTERNATIONAL, INC., HARLEM GLOBETROTTERS INTERNATIONAL FOUNDATION, AND MANNIE L. & CATHERINE JACKSON'S ADDITIONAL STATEMENT OF FACTS IN RESPONSE TO PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT

Plaintiff Meadowlark Lemon (hereinafter "Mr. Lemon" or "Plaintiff"), hereby submits his Reply to Defendant Harlem Globetrotters International, Inc., Harlem Globetrotters International Foundation, and Mannie L. & Catherine Jackson's (hereinafter collectively as "Defendants") Additional Statement of Facts as follows:

Case 2:04-cv-00299-DGC

Document 326

Filed 12/15/2005

Page 1 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

UNDISPUTED FACTS: 1. Plaintiff agrees with ¶ 1 of Defendants' Additional Statement of Facts ("DASOF") in that Plaintiff was a player in 1975 and therefore he was featured in the Globetrotters' 1975 program and that Plaintiff's name was on the uniform that he wore as a player. However, Plaintiff disputes any implication that those uses of Plaintiff's name and likeness when he was a player gave them the right to use Plaintiff's name on apparel or in a commercial clothing line. 2. Plaintiff agrees with ¶ 9 of DASOF. 3. Plaintiff agrees with ¶ 10 of DASOF. 4. Plaintiff agrees with ¶ 11 of DASOF. 5. Plaintiff agrees with ¶ 13 of DASOF. 6. Plaintiff agrees with ¶ 18 of DASOF. 7. Plaintiff agrees with ¶ 20 of DASOF. DISPUTED FACTS: 8. Plaintiff disputes ¶ 2 of DASOF as a conclusory, self-serving statement insufficient to support a motion for summary judgment. See Lujan v. Nat. Wildlife Fed'n, 497 U.S. 871 (1990); FTC v. Publ'g Clearing House, 104 F.3d 1168 (9th Cir. 1997). Furthermore, Plaintiff affirmatively asserts that he does currently get compensated for licensing his name and likeness (HGI SOCF, Doc. 283, ¶ 118), and points out that there is also nothing in the record that suggests GTFM would not have entered into an agreement with Plaintiff Lemon alone. 9. Plaintiff disputes ¶ 3 of DASOF, and affirmatively asserts that Plaintiff has disclosed several defamatory comments made by Mr. Jackson. (HGI SOCF, Doc. 283, ¶ 173-177). 10. Plaintiff disputes ¶ 4 of DASOF and affirmatively asserts that Plaintiff has NEVER sold a ball containing the Globetrotters' trademarked Hand and Ball Logo. (SOF, Doc. 283, ¶ 82-84). -2Document 326

Case 2:04-cv-00299-DGC

Filed 12/15/2005

Page 2 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

REMAINING FACTS: Plaintiff realizes that Defendants have submitted the same Additional Statement of Facts against Plaintiffs Neal, Rivers, Thorton, Hall, Haynes, and Sanders (the "Neal Plaintiffs"). The Neal Plaintiffs already submitted their Reply to Defendants Additional Statement of Facts, Doc. 311(entitled "Plaintiffs Neal, Rivers, Thorton, Hall, Haynes and Sanders' Reply to Defendants Harlem Globetrotters International, Inc., Harlem Globetrotters International Foundation, and Mannie L. and Catherine Jackson's Additional Statement of Facts), on December 9, 2005. As the Neal Plaintiffs did, Plaintiff is also objecting to Defendants remaining additional statement of facts not already specifically addressed. Plaintiff objects to Defendants remaining

statement of facts on the exact same grounds and for the exact same reasons as the Neal Plaintiffs did in their Reply, Doc. 311. Therefore, rather than waste the Court's (and all parties') time, Plaintiff will not restate every objection as already stated by the Neal Plaintiffs and Plaintiff will not re-attach every exhibit already attached and submitted by the Neal Plaintiffs. Instead, Plaintiff will simply join in the Neal Plaintiffs exhibits and objections to Defendants remaining additional statement of facts not specifically addressed herein, and will incorporate the Neal Plaintiffs exhibits and objections as if recited herein.

RESPECTFULLY SUBMITTED this

15th

day of December 2005.

By:

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

Case 2:04-cv-00299-DGC

-3Document 326

Filed 12/15/2005

Page 3 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 Case 2:04-cv-00299-DGC

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. , 2005, a true and correct copy of the foregoing PLAINTIFF 2. I hereby certify that on December MEADOWLARK LEMON'S REPLY TO DEFENDANT HARLEM GLOBETROTTERS INTERNATIONAL, INC., HARLEM GLOBETROTTERS INTERNATIONAL FOUNDATION, AND MANNIE L. & CATHERINE JACKSON'S ADDITIONAL STATEMENT OF FACTS IN RESPONSE TO PLAINTIFFS' MOTIONS FOR SUMMARY JUDGMENT was sent by postageprepaid first-class mail, addressed to: Joel L. Herz, Esq. Law Offices of Joel L. Herz 3573 East Sunrise Drive, Suite 215 Tuscon, Arizona 85718 Telephone: (520) 529-8080 Attorneys for Defendants FUBU the Collection, LLC GTFM of Orlando, LLC d/b/a FUBU Company Store Safia A. Anand, Esq. DREIR, LLP 499 Park Avenue New York, NY 10022 Attorneys for Defendants FUBU the Collection, LLC, GTFM of Orlando, LLC and GTFM, LLC Clay Townsend, Esq. Morgan, Colling & Gilbert, PA 20 N. Orange Avenue 16th Floor Orlando, FL 32802 Attorneys for Plaintiffs Neal, Rivers, Thorton, Hall, Haynes and Sanders Robert W. Goldwater, III, Esq. The Goldwater Law Firm, P.C. 15333 North Pima Road, #225 Scottsdale, Arizona 85260 -4Document 326

Filed 12/15/2005

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 Case 2:04-cv-00299-DGC

Attorneys for Plaintiffs Neal, Rivers, Thorton, Hall, Haynes and Sanders Ray K. Harris Fennemore Craig 2003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Attorneys for Defendants Harlem Globetrotters Int'l, Inc., Harlem Globetrotters Int'l Foundation, and Jackson Edward R. Garvey Christa Westerberg Garvey McNeil & McGillivray 634 West Mail Street Suite 101 Madison, WI 53703 Attorneys for Defendants Harlem Globetrotters Int'l, Inc., Harlem Globetrotters Int'l Foundation, and Jackson by placing same in a properly sealed, postage prepaid envelope and depositing same in a United States Postal Service mail box. 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 15th day of December 2005, at Phoenix, Arizona.

/s/ Florence M. Bruemmer Florence M. Bruemmer

-5Document 326

Filed 12/15/2005

Page 5 of 5