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 SECOND SET OF INTERROGATORIES (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, FRED "CURLY" NEAL, 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 Second Set of Interrogatories served on August 15, 2005.

RESPONSES Interrogatory No. 1: Identify the company described as U.S.A. or U.S. 1

America on pages 9 and 11 of your deposition. RESPONSE: Page 9, Line 16: USA Company. Company out of Charlotte, NC, is Unlimited Sports, a The owner of the company is Robert Walker, who

represented me from 1993 to 1994. I was an independent contractor with Unlimited Sports. They paid my expenses except when it was charity and I

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did not get paid (i.e. golf tournaments). I paid my own expenses, like driving, while the tournament paid for hotels and food. Page 10, Line 4: When a personal appearance is agreed upon, the

representative takes a percentage of that appearance fee. We had a standard agreement form that we went by. He would always get 20 percent. There were no benefits included. I was always paid after each appearance.

Sometimes I was advanced a small fee before the appearance which was deducted at the end of each appearance. Line 9: Line 24: Page 11, Line 18: I was always an independent contractor. They paid for my travel unless it was charity. Unlimited Sports only set up personal appearances. He

wanted to be my agent exclusively but I was not interested in someone representing me exclusively. He would call me when requests would come in, and he and I would talk about an appearance fee together.

Interrogatory No. 2:

Identify the number of paid appearances (i.e. those

for which you have been paid compensation in addition to expenses) you have made for each of the years from 1998 up to and including 2004, excluding any paid appearances you made for HGI. RESPONSE: As stated in my response to your Request for

Production, most of the pages holding records of this were kept in Louisiana with my daughter, and have been damaged. All documentation of personal paid appearances has been provided.

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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 Second Set of Interrogatories 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:

Joel L. Herz LAW OFICES OF JOEL L. HERZ LaPolma Corporate Center

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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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