Free Response - District Court of Arizona - Arizona

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 Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MEADOWLARK LEMON, a married man, Plaintiff, vs. HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation; HARLEM GLOBETROTTERS INTERNATIONAL FOUNDATION, INC., an Arizona corporation; MANNIE L. JACKSON and CATHERINE JACKSON, husband and wife; FUBU THE COLLECTION, LLC, a New York limited liability company doing business in Arizona; GTFM, LLC, a New York limited liability company doing business in Arizona; Defendants. FRED "CURLY" NEAL, LARRY "GATOR" RIVERS, DALLAS "BIG D" THORNTON, ROBERT "SHOWBOAT" HALL, MARQUES HAYNES and JAMES "TWIGGY" SANDERS, Plaintiffs, vs. HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation; HARLEM GLOBETROTTERS INTERNATIONAL FOUNDATION, INC., an Arizona corporation; MANNIE L. JACKSON and CATHERINE JACKSON, husband and wife; FUBU THE COLLECTION, LLC, a New York limited liability company, GTFM of Orlando, LLC; and GTFM, LLC, Case Nos.: CV 04 0299 PHX DGC and CV-04-1023 PHX DGC

PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION (Refiled in Lead Case)

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a New York limited liability company doing business in Arizona, Defendants. HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation, Counter-claimant, vs. MEADOWLARK LEMON, a married man, Counter-defendant.

PLAINTIFF, MARQUES HAYNES, by his undersigned attorney, hereby files his response to the DEFENDANT'S, HARLEM GLOBETROTTERS INTERNATIONAL, INC., HARLEM GLOBETROTTERS INTERNATIONAL FOUNDATION, and MANNIE AND CATHERINE JACKSON Request for Production served on August 15, 2005.

RESPONSES Request No. 1: All individual federal and state tax returns, with scheduled

and attachments, that you have filed for each of the years from 1998 up to and including 2004. RESPONSE: as possible. Will forward the above referenced documents as soon

Request No. 2:

All documents related to sales of products or merchandise

bearing your name or likeness, that you have sold or permitted to be sold, outside

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of your association with the Globetrotters, since January 1, 1998. This request includes, but is not limited to: a. Business records, current or historical, or product or merchandise sales bearing your name or likeness. NONE. Documents detailing or describing merchandise sold, including prices and quantities. NONE. All business records detailing or describing costs for merchandise sales, such as manufacturing or shipping costs. NONE. Documents detailing or describing licensing of or merchandise bearing your name or likeness, for which you were not compensated. NONE.

b.

c.

d.

Request No. 3:

All documents related to non-HGI personal appearances

made by you since January 1, 1998, including but not limited to: a. b. c. Agreements related to documents between you and a third party for an appearance by you. Documents detailing or describing your compensation for an appearance. Documents detailing or describing appearances for which you were not compensated.

ATTACHED.

Request No. 4:

All documents indicating amounts, rates, or royalty rates

paid for personal appearances or the sale of merchandise or products bearing your name or likeness since January 1, 1998. ATTACHED.

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Request No. 5:

All records of costs and expenses you incurred for

corrective advertising as a result of the FUBU/Globetrotters apparel at issue in this suit. NONE.

Request No. 6:

All

documents

evidencing

or

describing

consumer

confusion that has resulted from the FUBU/Globetrotters apparel at issue in this suit. RESPONSE: People often ask if I was responsible for putting the line

of merchandise out, or if I was receiving money from the sales.

Request No. 7:

All documents identifying and/or quantifying business

opportunities you have lost as a result of the FUBU/Globetrotters apparel at issue in this suit. NONE.

Request No. 8:

All

memos,

letters,

email

messages,

or

other

correspondence with the Harlem Globetrotters relating to the use of your name, likeness, and other identifying information. PREVIOUSLY PROVIDED.

Request No. 9:

All contracts between you and the Harlem Globetrotters,

including player and personal services, contracts, not already produced.

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ATTACHED AND/OR PREVIOUSLY PROVIDED.

Request No. 10:

All records of payments of any kind to you from the

Harlem Globetrotters, not already produced. ATTACHED AND/OR PREVIOUSLY PROVIDED.

Request No. 11:

All documents supporting your allegations that you are

"well known for your work in basketball, film, television, advertising, print media, and charitable causes," a "prominent figure in the sports world generally and known to sports pundits," and that you have "maintained your status in the sports world" after your employment with the Globetrotters ended. ATTACHED.

Request No. 12:

All documents related to your relationship with Columbia

Pictures, as described in your answer to HGI's fourth interrogatory. THIS DOCUMENT WILL BE PROVIDED SHORTLY.

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RESPECTFULLY SUBMITTED this _2nd__ day of December, 2005.

By:___/S/ Clay M. Townsend___________ CLAY M. TOWNSEND Florida Bar No.: 363375 BRANDON S. PETERS Florida Bar No.: 965685 KEITH MITNIK Florida Bar No.: 436127 MORGAN & MORGAN, P.A. 20 N. Orange Ave., 16th Floor Orlando, FL 32801 Telephone: (407) 420-1414 Attorneys for Plaintiffs

Certificate of Service Vanessa Braeley, declares as follows:

1. I hereby certify that on December _2nd, 2005, a true and correct copy of the Plaintiff's Response to Defendant's Request for Production 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 Anand ­ [email protected] Florence M. Bruemmer ­ [email protected], [email protected] Joel Herz ­ [email protected], [email protected] Ira 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 December __2nd__, 2005, a true and correct copy of Plaintiff's Responses to Defendant's Second Set of Written Discovery, postage paid thereon, was sent via U.S. Mail to the following parties, at the addresses listed, to-wit:

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Joel L. Herz LAW OFICES OF JOEL L. HERZ LaPolma Corporate Center 3573 E. Sunrise Dr., Suite 215 Tuscon, AZ 85718-3206 Attorney for Defendants FBU the Collection, LLC and GTFM Or Orlando, LLC

Anders Rosenquist, Jr. Florence M. Bruemmer ROSENQUIST & ASSOCIATES 80 E. Columbus Phoenix, AZ 85012 Attorney for Plaintiff Lemon Edward R. Garvey Christa Westerberg GARVEY & STODDARD, S.C. 634 W. Main Street, Ste. 101 Madison, WI 53703 Attorneys for Defendants Harlem Globetrotters Intl Inc. and Harlem Globetrotters Int'l Foundation Safia Anand, Esquire and Ira S. Sacks, Esquire 499 Park Avenue New York, NY 10022 Attorneys for Defendants FUBU the Collection, LLC and GTFM of Orlando, LLC 3. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. DATED: December __2nd_, 2005 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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