Free Declaration - District Court of Arizona - Arizona

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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 Case Nos.: CV 04 0299 PHX DGC and CV-04-1023 PHX DGC

8 MEADOWLARK LEMON, a married man, 9 10 vs. 11 HARLEM GLOBETROTTERS INTERNATIONAL, DECLARATION OF CLAY M. TOWNSEND INC., an Arizona corporation; HARLEM IN SUPPORT OF PLAINTIFFS' NEAL, 12 GLOBETROTTERS INTERNATIONAL RIVERS, THORNTON, HALL, HAYNES FOUNDATION, INC., an Arizona corporation; AND SANDERS' RESPONSE TO HGI'S 13 MANNIE L. JACKSON and CATHERINE MOTION FOR SUMMARY JUDGMENT JACKSON, husband and wife; FUBU THE 14 COLLECTION, LLC, a New York limited liability company doing business in Arizona; GTFM, LLC, a 15 New York limited liability company doing business in Arizona; 16 Defendants. 17 18 FRED "CURLY" NEAL, LARRY "GATOR" RIVERS, DALLAS "BIG D" THORNTON, 19 ROBERT "SHOWBOAT" HALL, MARQUES HAYNES and JAMES "TWIGGY" SANDERS, 20 Plaintiffs, vs. 21 22 HARLEM GLOBETROTTERS INTERNATIONAL, INC., an Arizona corporation; HARLEM 23 GLOBETROTTERS INTERNATIONAL FOUNDATION, INC., an Arizona corporation; 24 MANNIE L. JACKSON and CATHERINE JACKSON, husband and wife; FUBU THE 25 COLLECTION, LLC, a New York limited liability 26 company, GTFM of Orlando, LLC; and GTFM, LLC, a New York limited liability company doing business in Arizona, Defendants. Plaintiff,

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1 HARLEM GLOBETROTTERS INTERNATIONAL, 2 INC., an Arizona corporation, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Judgment. 2. knowledge. 3. Attached hereto as Exhibit 1, is a true and correct copy of the Plaintiffs' Exhibits Table of Other than expressly set forth herein, the matters set forth herein are based on my personal DECLARATION OF CLAY M. TOWNSEND Clay M. Townsend declares as follows under penalty of perjury pursuant to 28 U.S.C. §1746: 1. I am partner in the firm of Morgan & Morgan, P.A., attorneys for Plaintiffs FRED Counter-claimant, vs. MEADOWLARK LEMON, a married man, Counter-defendant.

"CURLY" NEAL, LARRY "GATOR" RIVERS, DALLAS "BIG D" THORNTON, ROBERT "SHOWBOAT" HALL, MARQUES HAYNES and JAMES "TWIGGY" SANDERS, (hereinafter collectively "Plaintiffs"). Pursuant to Fed.R.Civ.P. 56(a) and LRCiv. 56(1)(a), I respectfully submit this declaration in support of the Plaintiffs' Response in Opposition to HGI'S Motion for Summary Judgment, Plaintiffs' Motion for Summary Judgment, Plaintiffs Response in Opposition to FUBU'S Motion for Summary Judgment, and for Plaintiffs' Response in Opposition to FUBU'S Renewed Motion for Summary

Contents, listing exhibits used in Plaintiffs' Response as well as to Plaintiffs' Motion for Summary Judgment, Plaintiffs Response in Opposition to FUBU'S Motion for Summary Judgment, and for Plaintiffs' Response in Opposition to FUBU'S Renewed Motion for Summary Judgment. 4. Exhibit 1 is a true and correct copy of Deposition Transcripts labeled A through T.

Plaintiffs conducted depositions A through I, M, O and P.

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5.

Exhibit 2A is a true and correct copy of the Collective Bargaining Agreement dated 1977

that was produced to Plaintiffs by HGI, and was Exhibit 25 to Haynes' Deposition. 6. Exhibit 2B is a true and correct copy of the Collective Bargaining Agreement dated 1983

that was produced to Plaintiffs by HGI (Bates 1124-1160) and was Exhibit 11 to Thornton's Deposition. 7. Exhibit 3A is a true and correct copy of the Contract of Curly Neal produced to Plaintiffs by

HGI, and was Exhibit 54 to Neal's Deposition. 7 8 9 10 11 12 13 14 15 16 17 Plaintiffs by HGI (Bates 348-354), and was Exhibit 12 to Rivers' Deposition. 18 19 20 21 22 23 24 25 26 27 28 13. Exhibit 4A is a true and correct copy of the Order Confirming Plan that was obtained from 8. Exhibit 3B is a true and correct copy of the Player Contract of Marques Haynes produced to

Plaintiffs by HGI, and was Exhibit 22 to Haynes' Deposition. 9. Exhibit 3C is a true and correct copy of the Player Contract of Robert Hall produced to

Plaintiffs by HGI, and was Exhibit 16 to Hall's Deposition. 10. Exhibit 3D is a true and correct copy of the Player Contract of Dallas Thornton produced to

Plaintiffs by HGI (Bates 690-696), and was Exhibit 8 to Thornton's Deposition. 11. Exhibit 3E is a true and correct copy of the Player Contract of Twiggy Sanders produced to

Plaintiffs by HGI (Bates 802-810), and was Exhibit 23 to Sanders' Deposition. 12. Exhibit 3F is a true and correct copy of the Player Contract of Gator Rivers produced to

the Clerk of Bankruptcy Court, U.S. District Court, Court of Minnesota, 300 S. 4th Street, Suite 202, Minneapolis, Minnesota, 55415, by Plaintiffs' Counsel, Brandon Peters, Esquire. Case BKY 4-91-5999, International Broadcasting Corporation. 14. Exhibit 4B is a true and correct copy of the Debtor's Amended Joint Plan that was obtained

from the Clerk of Bankruptcy Court, U.S. District Court, Court of Minnesota, 300 S. 4th Street, Suite 202, Minneapolis, Minnesota, 55415, by Plaintiffs' Counsel, Brandon Peters, Esquire. Case BKY 4-91-5999, International Broadcasting Corporation.

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15.

Exhibit 4C is a true and correct copy of the Debtor's Amended Joint Disclosure that was

obtained from the Clerk of Bankruptcy Court, U.S. District Court, Court of Minnesota, 300 S. 4th Street, Suite 202, Minneapolis, Minnesota, 55415, by Plaintiffs' Counsel, Brandon Peters, Esquire. Case BKY 4-915999, International Broadcasting Corporation. 16. Exhibit 5A is a true and correct copy of the IBC Agreement, filed under seal and stamped

`Confidential', and was produced to Plaintiffs by HGI, (Bates 1307), Exhibit 2 to Horton's Depositions, and 7 8 9 10 11 12 13 14 15 16 17 Deposition. 18 19 20 21 22 23 24 25 26 27 28 20. Exhibit 6 is a true and correct copy of the FUBU Licensing Agreement, filed under seal and Exhibit __ to Nikolis' Deposition. 17. Exhibit 5B is a true and correct copy of the Harlem Globetrotters Bill of Sale, filed under

seal and stamped `Confidential', and was produced to Plaintiffs by HGI, (Bates 124), and is Exhibit 1 to Horton's Deposition. 18. Exhibit 5C is a true and correct copy of the Harlem Globetrotters Revised Bill of Sale, filed

under seal and stamped `Confidential', and was produced to Plaintiffs by HGI, (Bates 1191), and is Exhibit 6 to Horton's Deposition. 19. Exhibit 5D is a true and correct copy of the Asset Purchase Agreement, filed under seal and

stamped `Confidential', and was produced to Plaintiffs by HGI, (Bates 1319), and is Exhibit 1 to Nikolis'

stamped `Confidential', and was produced to Plaintiffs by FUBU, and Exhibit 6 to Jackson's Deposition and Exhibit 1 to Blenden's Deposition, (Bates 139-269). 21. Exhibit 7 is a true and correct copy of the Statement from Mannie Jackson, and was

produced by Plaintiffs and is Exhibit 2 to Vaughn's Deposition and Exhibit 9 to Jackson's Deposition. 22. Exhibit 8 is a true and correct copy of the Letter from Ed Garvey, and was produced to

Plaintiffs by HGI.

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23.

Exhibit 9A is a true and correct copy of the HGI/FUBU Sales Report, and was produced by

Plaintiffs and is Exhibit 15 to Thornton's Deposition; Exhibit 28 to Haynes' Deposition. (Haynes received the same letter); Exhibit 34 to Sanders' Deposition; Exhibit 6 to Vaughn's Deposition. 24. Exhibit 9B is a true and correct copy of the record of HGI/FUBU Payments to Plaintiffs,

and was produced to Plaintiffs by HGI and is Exhibit 7 to Vaughn's Deposition. 25. Exhibit 9C is a true and correct copy of the Alumni Letter of September 4, 2003 from

7 8 9 10 11 12 13 14 15 16 17 produced by the Plaintiffs, and is Exhibit 16 to Thornton's Deposition, Exhibit 1 to Phipps' Deposition and 18 19 20 21 22 23 24 25 26 27 was produced to Plaintiffs by HGI. 28 Exhibit 1 to Vaughn's Deposition. 30. Exhibit 13A is a true and correct copy of the Affidavit of Ollie Phipps, and its pertinent Jackson, and was produced by Plaintiffs and is Exhibit 3 to Vaughn's Deposition and Exhibit 12 to Jackson's Deposition. 26. Exhibit 9D is a true and correct copy of the FUBU Royalty Analysis, stamped `Confidential',

and was produced to Plaintiffs by HGI, and is Exhibit 13 to Jackson's Deposition. 27. Exhibit 10 is a true and correct copy of the Globetrotters Letter dated 1985 to Gator Rivers,

and was produced to Plaintiffs by HGI, (Bates 365) and Exhibit 14 to Rivers' Deposition. 28. Exhibit 11 is a true and correct copy of the Demand Letter of September 29, 2003 to HGI,

and was produced by Plaintiffs, and is Exhibit 5 to Jackson's Deposition. 29. Exhibit 12 is a true and correct copy of the Harlem Globetrotters Hang Tags, and was

Exhibits, which include photographs and schedules of FUBU clothing, and was produced by Plaintiffs at Phipps Deposition. 31. Exhibit 13B is a true and correct copy of the schedule of Internet Sales of infringing

garments, and was produced by Phipps at his Deposition. 32. 33. Exhibit 13D is a true and correct copy of a style schedule created by Plaintiffs. Exhibit 14 is a true and correct copy of the HGI Sales Record, stamped `Confidential', and

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34.

Exhibit 15 is a true and correct copy of the HGI Offer of Employment to Neal, and was

produced to Plaintiffs by HGI, and is Exhibit 46 to Neal's Deposition. 35. Exhibit 16 is a true and correct copy of the Agreement Letter to Neal, and was produced to

Plaintiffs by HGI. 36. Exhibit 17 is a true and correct copy of the Complaint filed in New York in the L.L. Cool J.

case against FUBU and was obtained by Plaintiffs. 7 8 9 10 11 12 13 14 15 16 17 Rivers, and was produced to Plaintiffs by HGI. 18 19 20 21 22 23 24 25 26 27 28 42. Exhibit 23 is a true and correct copy of the `Cease and Desist' Letter from HGI to Rivers, 37. Exhibit 18 is a true and correct copy of "Bringing Back a Dying Brand", by Mannie Jackson,

and was produced to HGI by Plaintiffs, and is Exhibit 7 to Jackson's Deposition. 38. Exhibit 19 is a true and correct copy of the Harlem Globetrotter Stock Agreement to

Haynes, and was produced by Haynes to HGI. 39. Exhibit 20 is a true and correct copy of the `Cease and Desist' Letter from HGI to Neal and

was produced to Plaintiffs by HGI. 40. Exhibit 21 is a true and correct copy of the schedule of Merchandise Payments to Neal, and

was produced to Plaintiffs by HGI and by Neal to HGI. 41. Exhibit 22 is a true and correct copy of the Harlem Globetrotter Employment Letter to

and was produced to Plaintiffs by HGI. 43. Exhibit 24 is a true and correct copy of FUBU CAD drawings of clothing, stamped

`Confidential', and were produced to Plaintiffs by FUBU, (Bates 1244). 44. by Plaintiffs. 45. Exhibit 26 is a true and correct copy of the Schedule of GTFM of Orlando, LLC Sales, Exhibit 25 is a true and correct copy of the Schedule of Plaintiffs' Marks, and was produced

stamped `Confidential', and was produced to Plaintiffs by FUBU, (Bates 1270).

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46.

Exhibit 27 is a true and correct copy of an excerpt of a FUBU Operating Agreement,

stamped `Confidential', and was produced to Plaintiffs by FUBU, (Bates 288-318). 47. Exhibit 28 is true and correct copy of the email from counsel Sacks to counsel Townsend,

and was produced by Plaintiffs' counsel. 48. Exhibit 29 is a true and correct copy of the official FUBU website, and was obtained by

Plaintiffs' counsel. 7 8 9 10 11 12 13 14 15 16 17 56. 18 19 20 21 22 23 24 25 26 27 28 57. Exhibit 38 is a true and correct copy of the Player Contract of "Sweet Lou" Dunbar, and Exhibit 37 is a true and correct copy of the Affidavit signed by Marques Haynes. 49. Exhibit 30 is a true and correct copy of the Aurum Trademark Registration, and was

obtained by Plaintiffs' counsel from the U.S. Patent and Trademark website. 50. Exhibit 31 is a true and correct copy of the Corporate List of GTFM of Orlando, LLC, and

was obtained by Plaintiffs counsel from the Florida Division of Corporations website. 51. 52. 53. 54. 55. Exhibit 32 is a true and correct copy of the Affidavit signed by Gator Rivers. Exhibit 33 is a true and correct copy of the Affidavit signed by Dallas Thornton. Exhibit 34 is a true and correct copy of the Affidavit signed by Twiggy Sanders. Exhibit 35 is a true and correct copy of the Affidavit signed by Curly Neal. Exhibit 36 is a true and correct copy of the Affidavit signed by Robert Hall.

was produced to Plaintiffs by HGI. 58. Exhibit 39 is a true and correct copy of the `Cease and Desist' Letter from Neal to HGI, and

was produced by Neal, and is Exhibit 57 to Neal's Deposition. 59. Exhibit 40 is a true and correct copy of pay stubs to Neal, and was produced to HGI and

FUBU by Neal. 60. Exhibit 41 is a true and correct copy of the Union Settlement Agreement with the

Globetrotters and Neal, produced to HGI by Neal.

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61.

Exhibit 42 is true and correct copy of the Dunbar and Thornton Collective Bargaining

Agreement Negotiations, and was produced to HGI by Haynes. 62. Exhibit 43 is a true and correct copy of the NLRB Certification of the United Basketball

Players Association, and a Collective Bargaining Agreement, and was produced to HGI by Neal. 63. 64. Exhibit 44 is a true and correct copy of Neal's publicity and was produced to HGI by Neal. Exhibit 45 is a true and correct copy of the Payments for Neal's Appearances and

7 8 9 10 11 12 13 14 15 16 17 counsel. 18 19 20 21 22 23 24 25 26 27 28 counsel. 70. Exhibit 46F is a true and correct copy of the Player Profile of Sanders, prepared by 69. Exhibit 46E is a true and correct copy of the Player Profile of Haynes, prepared by Plaintiffs' counsel. 67. Exhibit 46C is a true and correct copy of the Player Profile of Thornton, prepared by counsel. 66. Exhibit 46B is a true and correct copy of the Player Profile of Rivers, prepared by Plaintiffs' Endorsements, produced to HGI by Neal, some of which are Exhibit 58 to Neal's Deposition, (Coca-Cola, Converse, etc.). 65. Exhibit 46A is a true and correct copy of the Player Profile of Neal, prepared by Plaintiffs'

Plaintiffs' counsel. 68. Exhibit 46D is a true and correct copy of the Player Profile of Hall, prepared by Plaintiffs'

Plaintiffs' counsel. 71. Exhibit 47 is a true and correct copy of the cover of the book "Spinning the Globe" by Ben

Green, and was produced to HGI by Plaintiffs, and is Exhibit 10 to Jackson's Deposition. 72. Exhibit 48 is a true and correct copy of the `Bobblehead Doll Promotion', and was produced

by Plaintiffs, and is Exhibit 27 to Haynes' Deposition.

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73.

Exhibit 49 is a true and correct copy of the excerpt of the current 2005 HGI Program, and

was obtained by Plaintiffs' counsel. 74. Exhibit 50 is a true and correct copy of the memo regarding the Neal Contract of 1988, and

was produced to Plaintiffs by HGI and is Exhibit 55 to Neal's Deposition. 75. Exhibit 51 is a true and correct copy of the Letter from the Globetrotter Foundation

rejecting Neal's request for help, and was produced to HGI by Neal. 7 8 9 10 11 12 13 14 15 16 17 80. 18 19 20 21 22 23 24 25 26 27 Report, and was obtained by Plaintiffs' counsel from the Arizona Division of Corporations website. 28 was produced to HGI by Haynes. 81. Exhibit 56A is a true and correct copy of the Player Contract of Gator Rivers, and was Exhibit 55B is a true and correct copy of the Collective Bargaining Agreement of 1980, and 76. Exhibit 52 is a true and correct copy of the Neal's Appearance Agreement with HGI, and

was produced to Plaintiffs by HGI and is Exhibit 41 in Neal's Deposition. 77. Exhibit 53 is a true and correct copy of the HGI Holdings Transaction of September 21,

2005, stamped `Confidential', and was produced to Plaintiffs by HGI, (Bates 2037). 78. Exhibit 54 is true and correct copy of the Jordache Sublicensing Agreement, stamped

`Confidential', and was produced to Plaintiffs by FUBU, (Bates 278-287) and is Exhibit 3 to Blenden's Deposition. 79. Exhibit 55A is true and correct copy of the Collective Bargaining Agreement of 1977, and

was produced to HGI by Haynes, and is Exhibit 8 to Jackson's Deposition.

produced to Plaintiffs by HGI, (Bates 357-364), and is Exhibit 15 to Rivers' Deposition. 82. Exhibit 56B (Bates 775-784) is a true and correct copy of the Player Contract of Twiggy

Sanders, and was produced to Plaintiffs by HGI, and is Exhibit 19 and 20 to Sanders' Deposition. 83. Exhibit 57 is a true and correct copy of the Deposition Transcript of Catherine Jackson, and

was conducted and produced by Plaintiff Lemon. 84. Exhibit 58 is a true and correct copy of the Harlem Globetrotter Foundation Receipt

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85.

Exhibit 59 is a true and correct copy of the HGI Corporate Filing, and was obtained by

Plaintiffs' counsel from the Arizona Division of Corporations website. 86. Exhibit 60 is a true and correct copy of the HGI Sub-S(?), stamped `Confidential', and was

produced to Plaintiffs by HGI, (Bates 2093). 87. Exhibit 61 is a true and correct copy of the HGI Letter regarding FUBU Payments, and was

produced to HGI by each. 7 8 9 10 11 12 13 14 15 16 17 Haynes. 18 19 20 21 22 23 24 25 26 27 28 93. Exhibit 67 is a true and correct copy of Rivers' publicity, and was produced to Plaintiffs by Haynes. 92. Exhibit 66 is Endorsements and Appearances of Haynes, and was produced to HGI by 88. Exhibit 62 is true and correct copy of the Foundation Cash Journals obtained by Plaintiffs'

counsel from the Arizona Divisions of Corporation website. 89. Exhibit 63 is a true and correct copy of the Letter from Ed Garvey dated October 21, 2003,

and was produced to Plaintiffs by HGI, and is Exhibit 4 to Jackson's Deposition. 90. Exhibit 64 is a true and correct copy of the FUBU Royalty Report to HGI, and was

produced to Plaintiffs by FUBU. 91. Exhibit 65 is a true and correct copy of Haynes' publicity, and was produced to HGI by

HGI, (Bates 1165, 1173, 1177, 1178), and is Exhibit 4 and 20 to Rivers' Deposition. 94. Exhibit 68 is a true and correct copy of Sanders' Press, and was produced to HGI by HGI,

and is Exhibit 26 to Sanders' Deposition. 95. Exhibit 69 is true and correct copy of the correspondence between Stan Greeson and

Gillette, and was produced to Plaintiffs by HGI, and is Exhibit 17 to Jackson's Deposition. 96. Exhibit 70 is a true and correct copy of the judgment to Haynes in 1968 regarding his name,

and was produced to Plaintiffs by Haynes.

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97.

The above listed documents provided to and acquired by Plaintiffs are all true and correct

copies to the best of my personal knowledge.

DATED this _30th __day of November, 2005. By: ____/S/ Clay M. Townsend___________ CLAY M. TOWNSEND, ESQUIRE Florida Bar No.: 363375 KEITH MITNIK, ESQUIRE Florida Bar No.: 436127 BRANDON S. PETERS Florida Bar No.: 965685 Morgan & Morgan, PA 20 N. Orange Avenue, 16th Floor Orlando, FL 32802 Telephone (407) 420-1414 Facsimile (407) 425-8171 Attorneys for Plaintiffs Fred Neal, Larry Rivers, Robert Hall, Dallas Thornton, Marques Haynes and James Sanders

PLEASE TAKE FURTHER NOTICE that copies of the above-referenced documents have been served via first class mail upon the following attorneys: Joel L. Herz, Esquire LAW OFICES OF JOEL L. HERZ LaPolma Corporate Center 3573 E. Sunrise Dr., Suite 215 Tuscon, AZ 85718-3206 Attorney for Defendants GTFM, LLC, FUBU the Collection, LLC and GTFM Of Orlando, LLC Edward R. Garvey, Esq. and Christa Westerberg, Esquire GARVEY AND STODDARD 634 W. Main St. #101 Madison, WI 53703 Attorneys for Defendants Harlem Globetrotters Int'l, Inc., Harlem Globetrotters Int'l Foundation and Mannie L. & Catherine Jackson Anders Rosenquist, Jr., Esquire Florence M. Bruemmer, Esquire

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ROSENQUIST & ASSOCIATES 80 E. Columbus Phoenix, AZ 85012 Attorney for Plaintiff Lemon Safia A. Anand, Esquire Ira S. Sacks, Esquire DREIER, LLP 499 Park Avenue New York, NY 10022 Attorneys for Defendants GTFM, LLC, FUBU the Collection, LLC and GTFM of Orlando, LLC Certificate of Service

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joel L. Herz LAW OFFICES OF JOEL L. HERZ LaPolma Corporate Center 3573 E. Sunrise Dr., Suite 215 Tuscon, AZ 85718-3206 Attorney for Defendants, GTFM, LLC, FUBU the Collection, LLC and GTFM OF Orlando, LLC Anders Rosenquist, Jr. Vanessa Braeley, declares as follows: 1. I hereby certify that on November _30th ___, 2005, a true and correct copy of Clay M. Townsend's Declaration 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 November t, 2005, a true and correct copy of this Declaration, postage paid thereon, was sent via U.S. Mail to the following parties, at the addresses listed, to-wit:

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Florence M. Bruemmer ROSENQUIST & ASSOCIATES 80 E. Columbus Phoenix, AZ 85012 Attorney for Plaintiff Lemon Edward R. Garvey Christa Westerberg GARVEY AND STODDARD 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 DREIER LLP 499 Park Ave. New York, NY 10022 Attorneys for Defendants, GTFM, LLC, 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: November __30th __, 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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