Free Response in Opposition 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 27 28 Case 2:04-cv-00299-DGC vs.

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MEADOWLARK LEMON, a married man, Plaintiff/Counterdefendant HARLEM GLOBETROTTERS INTERNATIONAL, INC., et al., Defendants/Counterclaimants ) ) ) ) ) ) ) ) ) ) )

Case No. CV 04-0299 PHX-DGC Consolidated With Case No. CV 04-1023-PHX-DGC

PROPOSED ORDER THIS MATTER having been presented to the Court on the motion of plaintiffs to dismiss FUBU The Collection, LLC and GTFM of Orlando, LLC d/b/a FUBU Company Store (the "FUBU Defendants") without prejudice pursuant to Fed.R.Civ.P. Rule 41(a)(2) and the FUBU Defendants having requested that they be dismissed with prejudice; or in the alternative, that they be dismissed without prejudice if the plaintiffs are enjoined from bringing an action against them in the future; or in the alternative that the plaintiffs be ordered to pay for the FUBU Defendants, costs, disbursements and attorney's fees to date. IT IS on this __ day of _______________, 2005; ORDERED that the Complaints in the consolidated actions entitled Meadowlark Lemon v. Harlem Globetrotters International, Inc., et. al., CV 04-0299-PHX-DGC and Fred "Curly" Neal, et. al. v. Harlem Globetrotters International, Inc., et. al., CV 04-1023-PHX-DGC be dismissed in their entirety as against the FUBU Defendants with prejudice; and it is further

1 Document 177-8 Filed 10/18/2005 Page 1 of 2

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ORDERED that the FUBU Defendants' counsel serve a copy of the within Order upon all counsel of record within _____ days after its receipt.

DATED this __________day of _______, 2005.

__________________________________ HON. DAVID G. CAMPBELL United States District Judge

2 Document 177-8 Filed 10/18/2005 Page 2 of 2

Case 2:04-cv-00299-DGC