1 2 3 4 5 6 7 8
WO
IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF ARIZONA M eadowlark Lemon, a married man, ) ) Plaintiff/Counterdefendant, ) ) vs. ) ) Harlem Globetrotters International, Inc.,) et al., ) ) D efendant s /Counterclaimants. ) ) No. CV-04-0299-PHX-DGC CV-04-1023-PHX-DGC
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ORDER
The Court held a discovery conference call with the part ies , on t he record, on September 30, 2005. For the reasons stated on the record and on the basis of the
conference call, the Court entered the following orders: 1. On or before October 14, 2005, Defendant M anny Jacks on, on behalf of
Defendant Harlem Globetrotters International, Inc. shall provide to Plaint iffs an affidavit confirming the following facts: (a) the recent stock purchase transaction has not alt ered t he corporate status of Harlem Globetrotters International, Inc.; (b) the recent transaction will not result in a change of officers of the corporation who are also defendants in this case; (c) the recent transaction will not be used t o as s ert any defense in motion practice or at trial in this case; (d) the recent t ransaction will not result in any change of parties in this litigation and (e) the recent transaction will not result in a change of counsel in this litigation. 2. On or before October 14, 2005, Defendants shall produce to Plaintiffs the
following categories of documents: (a) any and all contracts and agreements, with
Case 2:04-cv-00299-DGC
Document 173
Filed 10/07/2005
Page 1 of 2
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
attachments, execut ed in connection with the recent stock purchase transaction; (b) any and all documents generated in connection with the negot iation, due diligence, or consummation of the recent transaction that relate in any w ay to this litigation, the claims as s erted by Plaintiffs in this litigation, and any indemnification or similar agreement s relat ed t o this litigation. This production shall be made pursuant to the existing protective order. 3. In light of this additional, limited discovery, the dispositive motion deadline
in this case shall be extended to October 28, 2005. 4. to two hours. 5. F or the reasons set forth in the Court's Order dated August 18, 2005, no The Dunbar dep os it ion shall occur on October 4, 2005, and shall be limited
additional production of documents will be required by the Fubu Defendants related to foreign sales. 6. The Court confirmed on the record that any party that has stated that it will
provide additional discovery responses shall do so notwithstanding the passage of the September 30, 2005 discovery deadline. DATED this 7th day of October, 2005.
-2-
Case 2:04-cv-00299-DGC
Document 173
Filed 10/07/2005
Page 2 of 2