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, 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 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: Lived in the state of Florida 1998 ­ 2004 (No state tax

returns). Federal tax returns ­ filed in 1998 the year of 1999. Copy was stored in Louisiana (accountant being Keith Altizer of Altizer and Co. in Maitland, Florida). Have requested a copy of the 1998 return.

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1999 ­ 2000 accountant was Gerry Delang, in Lake Mary, Florida. Filed a no income status with the IRS for those 3 years because I had left a job with the Orlando Magic for four months in 1999 on a part time basis. My daughter Pam Candler-Parker stored my personal papers in Florida until she relocated to Louisiana in 2004, when she took all my personal papers with her, including tax documents and personal HGT papers. Those papers have very heavy water

damage. My daughter has also been unable to go into her home to look for them. I do have someone working on my 2004 tax return.

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 of your association with the Globetrotters, since January 1, 1998. This request includes, but is not limited to: a. b. c. d. Business records, current or historical, or product or merchandise sales bearing your name or likeness. Documents detailing or describing merchandise sold, including prices and quantities. All business records detailing or describing costs for merchandise sales, such as manufacturing or shipping costs. Documents detailing or describing licensing of or merchandise bearing your name or likeness, for which you were not compensated. I have not and do not sell merchandise bearing my name,

RESPONSE:

however, I have signed autographs of photos and jerseys bearing my name that fans have purchased through the Globetrotters and/or retail stores bearing the name of FUBU and the Harlem Globetrotters. I have also signed basketballs and programs, etc. There have also been businesses that have tried to capitalize on my name on the internet who have gotten me to sign autographs of photos and have

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duplicated my name and sold photographs. It is very difficult to catch all of these people on the internet, but when it has been brought to my attention, I have intervened. I was sent a small check of $400.00 from Upper Deck when they attempted to put out a limited amount of cards bearing my name and that of Meadowlark.

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. One deal applied to all agreements - for an example, Pro

RESPONSE:

Sports MVP, Sports Unlimited, YBOA was a verbal long-standing agreement. I have provided you with all the documents in my possession. My main

independent contractor compensation has been with Pro Sports and Sports Unlimited. I have requested from both to provide me with agreements and

number of appearances, and will forward them as soon as possible. I am not compensated for charity, including golf tournaments, (did several for Mannie Jackson). I have limited myself to charitable work in the past several years because I have had to find independent work.

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.

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RESPONSES:

None. The $400.00 from Upper Deck was for an agreed

upon flat-rate that never happened.

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. RESPONSE: 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: As evidence from the abundance of Fan mail I still receive,

the fans still relate me to the Globetrotters and have made purchases that evidence to that. The fan mail comes through the Globetrotters and the Magic, and any way they can.

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. RESPONSE: May have lost clothing opportunities. I have signed

hundreds of jerseys bearing my name with FUBU and the Globetrotters. I have also signed hundreds of basketballs bearing the name Harlem Globetrotters, as well as programs from games where my name and photograph still appears in program. It helps me as well as the Globetrotters.

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Request No. 8:

All

memos,

letters,

email

messages,

or

other

correspondence with the Harlem Globetrotters relating to the use of you rname, likeness, and other identifying information. RESPONSE: Information has been provided.

Request No. 9:

All contracts between you and the Harlem Globetrotters,

including player and personal services, contracts, not already produced. RESPONSE: provided. All contracts that I had in my possession have been

Request No. 10:

All records of payments of any kind to you from the

Harlem Globetrotters, not already produced. RESPONSE: All records that I had in my possession have been 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. RESPONSE: Please refer to your wire service relating to newspaper

articles, TV shows, radio shows, and other print work. I was just requested to appear on ESPN. I held back because I will not say anything negative about the Globetrotters and do not know what ESPN knows about the suit, therefore I chose not to do the show. I was told that the show was about what I am doing today and

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how prominent I have been in the sports world and how I have maintained my image.

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 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. 2. I hereby certify that on December __2nd_, 2005, a true and correct copy of Plaintiff's Responses to Defendant's Second Request to Produce, postage paid thereon, was sent via U.S. Mail to the following parties, at the addresses listed, to-wit: Clerk, U.S. District Court District Court of Arizona 401 W. Washington Street Ste. 130, SPC1 Phoenix, AZ 85003-2118 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 Morgan & Morgan, P.A. 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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