Free Declaration - District Court of Arizona - Arizona

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EXHIBIT B 1
Case 2:04-cv-00299-DGC Document 191-3 Filed 10/27/2005 Page 1 013

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6 IN THE STATES DISTRICT COURT l
7 FOR THE DISTRICT OF ARIZONA
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9 Meadowlark Lemon, amarried man, g No. l
Plaintiff/Counterdefendant, ) c
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ll vs. g ORDER Q
Harlem Globetrotters International, Inc.,) l
12 et al., )
13 Defendants/Counterclaimantsg
14 j;-———’ Q
15 The Court held a discovery conference call with the parties, on the record, on
16 August 16, 2005. Plaintiffs’ counsel expressed concern about a variety of documents that I
17 have not been produced by Defendants. Plaintiffs’ counsel explained that the documents `
18 are needed to complete Plaintiffs’ expert report on damages, which is due August 19, 2005. )
19 See Doc. #143. Plaintiffs’ counsel sought guidance from the Court as to whether the expert y
20 deadline should be extended or Plaintiffs should supplement the report alter receiving the
2 1 documents.
_ 22 Plaintiffs’ counsel explained that Rule 30(b)(6) depositions taken on August 2 and
23 3, 2005, shed light on the importance and availability of the documents. They also
24 explained that a conference among the parties was held on August 3, 2005, concerning the
25 production of particular documents, and that additional communications occurred on
26 ` August 10, 2005. c
27 The Court is troubled by the lateness of these efforts. The Case Management Order
28 was entered in this case on April 29, 2004. See Doc. #26. It set a deadline for Plaintiffs’
ase 2:04-cv-00299-DGC Document 191-3 Filed 10/27/2005 Page 2 of 3

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1 expert disclosures of February 25, 2005. Id. An Amended Case Management Order was
2 entered on October 6, 2004. See Doc. #79. It confirmed the deadline for Plaintiffs’ expert
3 disclosures of February 25, 2005. Id On April 8, 2005, the Court adjusted these deadlines, j
4 requiring complete disclosures from Plaintiffs’ experts by July 22, 2005. See Doc. #114.
5 The original and amended case management orders specifically advised the parties that the
6 deadlines were real. The Court extended the deadline _ for Plaintiffs’ expert report to j
7 August 19, 2005, after Plaintiffs failed to produce a complete expert report on July 22, 2005.
8 See Doc. # 143. p _ I
9 Given this schedule -— which firstcalled for Plaintiffs to produce complete expert J
10 reports in February 2005 and then extended the deadline into July 2005, and which afforded i
11 Plaintiffs ample time to complete their discovery before both deadlines — Plaintiffs should 1
12 not have been undertaking critical discovery related to their expert reports in August 2005. {
13 The Court will not adjust the current expert deadline of August 19, 2005, nor will the Court p
14 permit supplementation of the report based on information that could have been 1
1.5 discovered during the year-plus time that preceded the expert deadline. Plaintiffs must i
16 provide full and complete expert reports by August 19, 2005.
17 DATED this l8"‘ day of August, 2005. . _
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19 P r. Gm; M
20 Ilavid G. fiarnpliell '
21 United Stews Di.s11·i¤:t Judge
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Case 2:04-cv-00299-DGC

Document 191-3

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Document 191-3

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