Free Response to Motion - District Court of Arizona - Arizona

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

Anders Rosenquist, Jr. #002724 Florence M. Bruemmer #019691 Rosenquist & Associates 80 E. Columbus Phoenix, Arizona 85012 Attorneys for Plaintiff Meadowlark Lemon Morgan & Morgan, P. A. 20 N. Orange Avenue, 16th 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 Neal, Rivers, Thorton, Hall, Haynes and Sanders

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Case No. CV 04-299 PHX-DGC and CV 04 1023 PHX-DGC

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.

JOINT RESPONSE BY ALL PLAINTIFFS TO DEFENDANTS HARLEM GLOBETROTTERS INTERNATIONAL, INC., HARLEM GLOBETROTTERS INTERNATIONAL FOUNDATION AND MANNIE & CATHERINE JACKSON'S MOTION FOR SUMMARY DISPOSITION

Case 2:04-cv-00299-DGC

Document 287

Filed 12/01/2005

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

HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation, Counter-claimant, vs. MEADOWLARK LEMON, a married man, Counterdefendant.

Plaintiffs Lemon, Neal, Rivers, Thorton, Hall, Haynes and Sanders, through their undersigned counsel, respectfully submit their Joint Response to Defendants Harlem Globetrotters International, Inc., Harlem Globetrotters International Foundation, and Mannie & Catherine Jackson's (hereinafter collectively as "Defendants") Motion for Summary Disposition. Defendants assert in their Motion for Summary Disposition that Plaintiffs' Response to Defendants' Motion for Summary Judgment was due on November 28, 2005. However, Defendants are flat wrong. Defendants only needed to do minimum research to conclude that Plaintiffs' had thirty-three days within which to file their responses. It is true that Defendants filed their Motion for Summary Judgment on October 28, 2005. Pursuant to Local Rule 1.10(l)(2), Plaintiff has thirty days within which to file a responsive memorandum. Since Defendants served their Motion for Summary Judgment on Plaintiffs by mail pursuant to Rule 5(b)(2)(B), Plaintiff is entitled to an additional three days within which to respond. Fed. R. Civ. P. 6(e). Furthermore, the Federal Rules governing the computation of deadlines apply to all filed documents, including those filed electronically and therefore, the 3-day mailing time still applies. (See ECF Question Tracker, attached as Exhibit "A"). Therefore, Plaintiffs have a total of thirty-three days within which to respond to Defendants Motion for Summary Judgment. -2Document 287 Since

Case 2:04-cv-00299-DGC

Filed 12/01/2005

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

Defendants' Motion for Summary Judgment was filed on October 28, 2005, Plaintiffs Response is clearly not due until November 30, 2005. Since Plaintiffs Response to Defendants' Motion for

Summary Judgment was filed on November 30, 2005, Defendants' Motion for Summary Disposition was premature. Wherefore for the foregoing reasons, Plaintiffs respectfully request that Defendants' Motion for Summary Disposition be denied. DATED this 1st day of December 2005. ROSENQUIST & ASSOCIATES

By:

/s/Anders Rosenquist Anders Rosenquist, Jr. Florence M. Bruemmer Attorneys for Plaintiff Meadowlark Lemon

MORGAN & MORGAN, PA By: ____/S/ Clay M. Townsend___________ CLAY M. TOWNSEND, ESQUIRE Florida Bar No.: 363375 Attorneys for Plaintiffs Fred Neal, Larry Rivers, Robert Hall, Dallas Thornton, Marques Haynes and James Sanders

Case 2:04-cv-00299-DGC

-3Document 287

Filed 12/01/2005

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. 2. I hereby certify that on Decemeber 1st , 2005, a true and correct copy of the foregoing JOINT RESPONSE BY ALL PLAINTIFFS TO DEFENDANTS HARLEM GLOBETROTTERS INTERNATIONAL, INC., HARLEM GLOBETROTTERS INTERNATIONAL FOUNDATION, AND MANNIE & CATHERINE JACKSON'S MOTION FOR SUMMARY DISPOSITION was sent by postage-prepaid 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 Attorneys for Plaintiffs Neal, Rivers, -4Document 287

Filed 12/01/2005

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

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 1st day of December 2005, at Phoenix, Arizona.

/s/Florence M. Bruemmer Florence M. Bruemmer

-5Document 287

Filed 12/01/2005

Page 5 of 5