Free Declaration - District Court of Arizona - Arizona

1 Joel L. Herz, Esq.
State Bar No. 015105
2 Law Offices of Joel L. Herz
3 3573 East Sunrise Drive, Suite 215
Tucson, AZ 85718
4 Telephone: 520-529-8080
Facsimile: 520-529-8077
5
Ira S. Sacks, Esq.
6 Safia A. Anand, Esq.
7 Dreier LLP
499 Park Avenue
8 New York, NY 10022
Telephone: 212-328-6100
9 Facsimile: 212-328-6101
10 Attorneys for Defendant GTFM, LLC
ll UNITED STATES DISTRICT COURT
lz DISTRICT OF ARIZONA
1 3 MEADOWLARK LEMON, a married )
man, ) Case N0. CV 04-0299—PHX—DGC
14 ) Case No. CV 04-1023—PHX—DGC
Plaintiff7Counterdefendant )
15 vs. )
1 6 )
HARLEM GLOBETROTTERS )
l7 INTERNATIONAL, INC., et al., )
)
18 Defendants/Counterclaimants )
19 )
2 0
DECLARATION OF SAF IA A. ANAND IN SUPPORT OF
2 l GTFM, LLC’S MOTION FOR LEAVE TO FILE PAPER COPY OF EXHIBITS
2 2
2 3 SAFIA A. ANAND declares as follows under penalty of perjury pursuant
24 To 28 U.S.C. § 1746:
2 5 1. I am an associate in the firm of Dreier LLP, attorneys for defendant
2 6 GTFM, LLC. I submit this declaration in support of GTFM’s Motion For Leave to F ile a Paper
27 Copy of Exhibits pursuant to the Court’s Administrative Policies and Procedures B(3)(d), which
C e 2:04—cv—00299-DGC Document 193 Filed 10/28/2005 Page 1 of 4

ZL was filed on October 27, 2005.
2 2. Other than as expressly set forth herein, the matters set forth herein are
3 based on my personal knowledge.
4 3. GTFM tiled its Motion for Summary Judgment on October 24, 2005.
; 4. GTF M filed the Declaration of Ira S. Sacks with the Motion for Summary
7 Judgment. The exhibits to that declaration were too voluminous to tile electronically as a result
8 of the 2MB limit of electronic files.
9 5. The exhibits to the Sacks Declaration were too voluminous to be tiled
10 electronically in 2 MB tiles. The exhibits are approximately six inches thick, consisting of
ll Exhibits A-EE. Exhibit A is l30 pages by itself. Exhibits P. R-X, AA—CC and EE all mainly
12 pictures, which take up a great deal of memory when scanned into pdf fomiat even at reduced
ii resolution. Exhibit P alone would consist of approximately 40 individual 2 MB tiles.
15 6. After a conversation with this Court’s chambers, GTFM tiled a one-page
16 document in place of the exhibits to the Sacks Declaration (the "Replacement Page") because the
17 exhibits were too voluminous to be filed electronically. The Replacement Page was intended to
J-8 allow any party wishing the ease of downloading the filing to achieve the equivalent result by
19 email.
2 O 7. The Replacement Page stated that "Exhibits to the Declaration of lra S.
ii Sacks in Support of GTFM, LLC’s Motion for Summary Judgment, dated October 24, 2005 were
2 3 tiled with GTFM, LLC’s Motion; however, they were too voluminous to be tiled electronically.
2 4 The Court authorized Counsel to tile this replacement page and send courtesy copies to Judge
2 5 Campbell, as well as to the ECF Ofiice. If you want to receive a large pdf tile or hard copy of
2 6 the filed Exhibits, please email either: [email protected] or sanandgcttdreierllpconi."
2 7
2 8 2
C se 2:04-cv-00299-DGC Document 193 Filed 10/28/2005 Page 2 of 4

l Attached hereto as Exhibit A is a true and correct copy of the Replacement Page, which was filed
2 with the Declaration of Ira S. Sacks on October 24, 2005.
3 8. In the past, our fimt has filed a Replacement Page instead of electronic
4 exhibits in otherjurisdictions when the exhibits were too voluminous. The Replacement Page
; will serve the same purpose as electronic tiling because anyone who wants an electronic set of
7 exhibits can contact Counsel directly and receive a pdf copy by email. Moreover, all counsel in
8 these cases, the ECF Office and Chambers have received hard copies of the Exhibits. Finally, a
9 CD ROM containing the pdf files of the exhibits will be submitted today, along with a separate
10 index of the exhibits.
ll 9. Yesterday, our local counsel received a telephone call from the ECE
12 Office and was told that we could not submit the Exhibits via hard copy without filing a motion
ii and being granted an order from the Court.
1 5 10. Shortly thereafter, I spoke with this Cou1t’s chambers who recommended
16 that we file a Motion to Request Leave to File Paper Copies of the Exhibits, as well as our
17 Motion for Summary Judgment Motion. Both of these motions have been tiled.
18 ll. GTFM respectfully requests that the Coun pemtit it to file the Exhibits to
lg the Sacks Declaration in paper form.
2 O I declare under penalty of perj ury that the foregoing is true and correct.
2 1 Dated: New York, New York
2 2 October 28, 2005
2 3
2 4 /s/ Safia Anand
2 5 Saiia A. Anand
2 6
2 7
2 8 3
ase 2:04-cv-00299-DGC Document 193 Filed 10/28/2005 Page 3 of 4

CERTIFICATE OF SERVICE
I, Dana Massarsky. hereby certify that:
l. I am not a party to the action, am over 18 years of age and reside in New York.
New York.
2. On October 28, 2005. I served a true copy ofthe Declaration of Safia Anand in
Support of GTFM, LLC’s Motion For Leave to File Paper Copies of Exhibits to
the Declaration of lra Sacks
Via First Class Mail upon:
Anders Rosenquist, Jr.
Florence M. Bruemmer
Rosenquist & Associates
80 E. Columbus
Phoenix, AZ 850l2
Clay Townsend, Esq.
Morgan & Morgan, P.A.
20 N. Orange Avenue, 16th Floor
Orlando. FL 32802
Edward R. Garvey
Christa Westerberg
Garvey, McNeil & McGillivray
634 West Main Street, Suite l0l
Madison. Wl 53703
/s/ Dana Massarsky
DANA MASSARSKY
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