Free Other Notice - District Court of Arizona - Arizona

APPENDIX A F. LIST OF EXHIBITS Except as noted below, the following exhibits are admissible into evidence, and may be marked in evidence by the Clerk. Where appropriate, and where the party against whom the exhibit is to be offered objects to the admission of the exhibit, objections are listed next to each proposed exhibit. PLAINTIFF AWARENESS CORPORATION'S EXHIBITS Exhibit No. Marked for ID Admitted in Evidence Description Stipulated (S)/Objection (O) and Basis for Objection S O. Foundation and Relevancy. This document preceeds Awareness Life creation. S O. Foundation and Relevancy. This document was not created until 2005. S

1.

Awareness Policies and Procedures, dated July 10, 2003. AWR 00496 - 511 Awareness Distributor Application and Agreement, dated November 1, 2000, Bates labeled BETTS 01886 - 1887 Awareness Corporation End User Agreement (United States), AWR 001006 - 1008 AwarenessLife Distributor Application and Agreement, Bates labeled AWR 59774 - 59776; 59856 -59860 Awareness Office User Agreement, dated October 12, 2001, Bates labeled AWR 59795 59796 List of AwarenessHealth members who have not ordered Awareness products since August 1, 2003, Bates labeled AWR 001983 - 2037

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O. Foundation and Relevancy. The documents supporting this document have not been provided and may have stopped ordering for any reason

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Foundation and Relevancy. The documents supporting this document have not been provided and may have stopped ordering for any reason O. Foundation and Relevancy. The documents supporting this document have not been provided and have not been causably linked to acts of the Defendants O. Foundation and Relevancy. Documents are not supported by data and not a part of Plaintiff's claim or defense. S O -- GVI - -Foundation: The portion of the document labeled AWR 046926 - 046929 has not been authenticated.

7.

List of AwarenessLife members who have not ordered since August 1, 2003, Bates labeled AWR 002038 - 2159 Awareness Corporation / Support for Damage Claims / Total Statistics, February 12, 2004, Bates labeled AWR 047009 - 47014 Awareness Corporation Chargeback Cases Associated with Mattice and Betts, Bates labeled AWR 047022 - 47023 E-mail correspondence, dated September 17, 2003, from Kevin MacGregor to [email protected]; [email protected] attaching GVI 60 Second Health Test and Awareness 60 - Second Health Test and Personal Health Evaluation, Bates labeled AWR 046926 - 46929 GVI Product Tip Sheets for InnerClarity, InnerPurity, GVI Takara Patch, and InnerStrength, Bates labeled, G0008, G0017, G0022, G0030 Awareness Product Tip Sheet for Experience, Daily Complete, and Pure Gardens, Bates labeled AWR 046938 - 46940 www.thelifetree.com website, dated August 20, 2003, Bates labeled AWR 046930 - 46932 Awareness Corporation "Can death begin in the Colon?", Bates labeled AWR 046933

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O. Relevancy. This document was created after resignation of Ind. Defendants S S

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S. Except O to MAT00130 & MAT00131 not included.

15.

E-mail correspondence, dated October 3, 2003, from [email protected] to [email protected] regarding "Got your phone message and your fax." Bates labeled Mat 00129 - 131. E-mail correspondence dated October 16, 2003 from Suzanne Betts to Paige Mattice, regarding "e-mail mailout", Bates labeled BETTS 00059. E-mail list from Paige, Bates labeled BETTS 00143 - 144 E-mail correspondence dated November 4, 2003 from Suzanne and David Betts to "Sent to our Customer database", regarding "Special Announcement on Awareness Products", Bates labeled BETTS 00922 - 27. E-mail correspondence dated October 16, 2003 from Suzanne Betts to Paige Mattice, regarding "e-mail sent", Bates labeled BETTS 00060. Betts Termination Instructions sent to other Awareness distributors, BETTS 00158 Voluntary Termination Letter dated September 11, 2003 from David and Suzanne Betts to Mark Tahiliani, BETTS 00159. Letter dated August 1, 2003, from G. Eagleburger to M. Tahiliani regarding "Voluntary Termination of Paige Mattice as a Distributor SSN ", Bates labeled AWR 00115 - 17. Case 2:03-cv-02024-DGC Document 354-3

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

23.

Letter dated August 7, 2003 from Lynn and Renie Remelski to Mark Tahiliani regarding "Voluntary Resignation of Renie & Lynn Remelski," Bates labeled REM 00018 - 19. Letter dated August 25, 2003 from Kevin MacGregor to M. Tahiliani regarding "Voluntary Termination of the LifeTree," Bates labeled, AWR 00204. AwarenessLife Member Office Genealogy List, Bates labeled BETTS 00023 - 27 E-mail correspondence, dated October 16, 2003, from S Betts to "Lil LeBlanc" regarding Email addresses, Bates labeled BETTS 00431 E-mail correspondence, dated October 16, 2003, form S Betts to Lil LeBlanc regarding email, Bates labeled BETTS 00422. List of customers "Faxed to Lil," Bates labeled BETTS 00145 - 151 Awareness Corporation Hot List, faxed October 16, 2003, Bates labeled BETTS 00005 - 8; 00029 - 34 Awareness Corporation Hot List and Inactive Distributor Report for Paige Mattice, Bates labeled MAT 00011 - 90 Awareness distributor/customer list, Bates labeled REM 00205 - 380

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O. Foundation. No documents have been produced to show where this list came from S

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O. Foundation. The supporting documents have not been provided.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Relevancy. This document is not related to any claim O. Hearsay. This document is the statement of the parties. No exception to the Rule is discernable.

32.

Awareness Corporation Genealogy list, dated February 1, 2002, Bates labeled MCGR 00022 32 E-mail correspondence dated August 1, 2003 from [email protected] to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled AWR 001668. E-mail correspondence dated August 15, 2003 from S Betts to Healthy Living regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00213 215. E-mail correspondence dated August 15, 2003 from Mariola Adamowski to Suzanne Betts regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00216. E-mail correspondence dated September 29, 2003 from Juliet Easton to "S Betts" regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00044 45.

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O. Hearsay. This document contains statement by Third Parties.

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O. Hearsay. This document contains statements by Third Parties.

O. Hearsay. This document contains statements by Third Parties.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Hearsay. This document are statements of Third Parties.

37.

E-mail correspondence dated October 15, 2003 from Deering's to Franshesca C regarding customers/ distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled AWR 001920 1923. E-mail correspondence dated October 16, 2003 from [email protected] to S Betts regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00163. E-mail correspondence dated October 16, 2003 from Sitabai Betts to "Lil LeBlanc" regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00425 430. E-mail correspondence dated October 27, 2003 from S Betts to Paige Mattice regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00064. E-mail correspondence dated November 4, 2003 from JusLo Associates to David Betts regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00303 311.

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O. Hearsay. This document contains statements of Third Parties.

O. Hearsay. This document contains statements of Third Parties.

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S

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O. Hearsay. This document contains statements of Third Parties.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

42.

E-mail correspondence dated November 4, 2003 to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00322 327. E-mail correspondence dated November 4, 2003 to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00328 333. E-mail correspondence dated November 4, 2003 from [email protected] to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00334 339. E-mail correspondence dated November 4, 2003 from Joe Dahl to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00342. E-mail correspondence dated November 4, 2003 from Sylvia Brooks to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00372.

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O. Hearsay. This document contains statements of Third Parties.

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O. Hearsay. This document contains statements of Third Parties.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Hearsay. This document contains statements of Third Parties.

47.

E-mail correspondence dated November 4, 2003 from Kathy Grauberger to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00791 797. E-mail correspondence dated November 4, 2003 regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00192. E-mail correspondence dated November 4, 2003 from David Betts to Kathy Laughlin regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00300 301. E-mail correspondence dated November 4, 2003 from Marla Riedling to David Betts regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00787. E-mail correspondence dated March 30, 2004 from Brooke Gordon to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled MAT 01054 1055.

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O. Hearsay. This document contains statements of Third Parties.

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O. Hearsay. This document contains statements of Third Parties.

O. Hearsay. This document contains statements of Third Parties.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Hearsay. This document contains statements of Third Parties.

52.

E-mail correspondence dated November 4, 2003 from Marla J. Riedling to [email protected] regarding customers/distributors to quit ordering Awareness products, or terminate their distributorships, Bates labeled BETTS 00341. E-mail correspondence dated August 4, 2003 from S. Betts to P. Mattice regarding "hi again", Bates labeled BETTS 00035. E-mail correspondence dated August 8, 2003 from S. Betts to P. Mattice regarding "hi again", Bates labeled BETTS 00036. E-mail correspondence dated August 15, 2003 from S. Betts to P. Mattice regarding "hi again", Bates labeled BETTS 00037. E-mail correspondence dated August 26, 2003 from S. Betts to P. Mattice regarding "hi again", Bates labeled BETTS 00038. E-mail correspondence dated August 27, 2003 from S Betts to [email protected] regarding "Juliet is awesome . . . ," Bates labeled BETTS 00039. E-mail correspondence dated September 4, 2003 from Suzanne Betts to Paige Mattice, regarding ordering additional Group Vision products, Bates labeled BETTS 00041.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

59.

E-mail correspondence dated September 11, 2003 from S. Betts to P. Mattice regarding letter to existing customers, Bates labeled BETTS 00065. E-mail correspondence dated September 29, 2003 from Suzanne Betts to Paige Mattice, regarding Sherie King, Bates labeled BETTS 00044 - 45. E-mail correspondence dated October 1, 2003 from S. Betts to Paige Mattice regarding "Oakland", Bates labeled BETTS 00046. E-mail correspondence dated October 7, 2003 from S. Betts to P. Mattice regarding Lil in Canada, Bates labeled BETTS 00047. E-mail correspondence dated October 16, 2003 from Suzanne Betts to Paige Mattice, regarding "check the letter", Bates labeled BETTS 00055. E-mail correspondence dated October 30, 2003 from S. Betts to P. Mattice regarding distributors, Bates labeled BETTS 00081. E-mail correspondence dated October 31, 2003 from P. Mattice to S. Betts regarding notifying customers, Bates labeled BETTS 00040. E-mail correspondence dated October 7, 2003 from S. Betts to Jo Garceau regarding money, Bates labeled BETTS 00165.

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O. Hearsay. This document contains statements of Third Parties.

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S

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Hearsay. This document contains statements of Third Parties. O. Hearsay. This document contains statements of Third Parties. O. Hearsay. This document contains statements of Third Parties. O. Hearsay. This document contains statements of Third Parties. S

67.

E-mail correspondence dated September 27, 2003 from S. Betts regarding Termination Letter, Bates labeled BETTS 00190. E-mail correspondence dated November 4, 2003 from Mariola to S. Betts regarding Clear, Bates labeled BETTS 00202. E-mail correspondence dated August 16, 2003 from Sam Jones to P. Mattice regarding sign-up, Bates labeled BETTS 00028. List of "New Members-December 02 - Jan 03", Bates labeled BETTS 00128. Fax, dated January 23, 2003 from Maria Elena Alcantor to Paige Mattice regarding "Follow-up on the December 30, 2002 letter and e-mail", Bates labeled AWR 001312 - 1313. E-mail, dated July 30, 2003 from [email protected] to [email protected] regarding "MESSAGE RECEIVED FROM JUDY", Bates labeled AWR 001255 - 1256. E-mail correspondence dated July 31, 2003 from P. Mattice to distributors regarding her resignation from Awareness, Bates labeled MAT 00094. E-mail correspondence August 6, 2003 from "eric + mary schmidt" to founding distributor regarding "FW: Urgent Message From Paige Mattice", Bates labeled AWR 001245.

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O. Hearsay. This document contains statements of Third Parties.

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S

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S S

75.

"Important Notice" from Suzanne and David Betts, Bates labeled MAT 00092 Form letter from Kevin and Cheryl MacGregor, dated September 25, 2003, Plaintiff's Exhibit to Preliminary Injunction Hearing #43. E-mail correspondence dated September 18, 2003 from S Betts to "Steven Powell" regarding "Fw: Salubrity Distributorship", Bates labeled BETTS 00380 - 384. E-mail string [October 2003] between Suzanne Betts, Steven Powell and Douglas Rienstra, regarding GVI distributorship, Bates labeled BETTS 00385 - 89. E-mail correspondence dated November 4, 2003 from Steve Powell to Suzanne Betts regarding Voice over Internet, Bates labeled BETTS 00393 - 94. E-mail correspondence dated October 7, 2003 from Suzanne Betts to Kevin Macgregor, regarding thelifetree.com website, Bates labeled BETTS 00109 - 110. E-mail correspondence dated October 16, 2003 from S Betts to [email protected] regarding "website changes", Bates labeled BETTS 00115. E-mail correspondence dated October 20, 2003 from S Betts to Lil LeBlanc regarding update, Bates labeled BETTS 00434.

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S

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O. Hearsay. This document contains statements of Third Parties.

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S

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

83.

E-mail correspondence dated October 28, 2003 from S. Betts to [email protected] regarding "have you found anything that verifies our assertions . . .", Bates labeled BETTS 00125 - 126. E-mail correspondence dated November 4, 2003 from Paige Mattice to Cheryl MacGregor regarding "Health Newsletter from Lynn Remelski", Bates labeled MCGR 00582 - 586. E-mail correspondence dated November 24, 2003 from Mary Schmidt to Mark Tahiliani regarding "Herbal Ingredients in Awareness Cleansing and Parasite Clearing Products.htm", Bates labeled AWR 001741 - 1746. E-mail correspondence dated November 24, 2003 from eric + mary schmidt to Gord Allcock regarding "Fw: Complete - 190 Vitamins, Minerals & Important Accessory Nutrients.htm", Bates labeled AWR 001708 - 1712. E-mail correspondence dated November 24, 2003 from eric + mary schmidt to Mark regarding "Fw: Awareness Herbal Product Prices.htm", Bates labeled AWR 001695 - 1698. E-mail correspondence dated October 14, 2003 from eric + mary schmidt to Mark regarding "Fw: Awareness Herbal Cleansing Product Testimonials.htm", Bates labeled AWR 001748 - 1750.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

89.

E-mail correspondence dated January 2, 2004 from [email protected] to [email protected] regarding "Internal Herbal Cleansing Update from Suzanne & David Betts, New Products!" E-mail correspondence dated January 29, 2004 from [email protected] to [email protected] regarding "A Message to Awareness Distributors". E-mail blast dated March 15, 2004 from freeyourself.com to Friends, Customers, and Distributors regarding "Our Reply to the Awareness Email and US Mail Letter" Email correspondence dated August 11, 2004 from [email protected] regarding 'WE TESTED EXPERIENCE PRODUCT, SEE RESULTS!" E-mail correspondence dated August 11, 2004 from [email protected] regarding 'WE TESTED EXPERIENCE PRODUCT, SEE RESULTS!" E-mail correspondence dated August 11, 2004 from Lynn Remelski to Wells, Francis D regarding 'WE TESTED EXPERIENCE PRODUCT, SEE RESULTS!"

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O. Hearsay. This document contains statements of Third Parties.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Relevancy. This letter is dated in early 1999, over 4 years prior to the events in question.

95.

Letter, dated February 5, 1999 from E. Wainscott to Paige Mattice re "Awareness Corporation", and related to the Terry Dougherty distributorship, Bates labeled AWR 000981 982. Letter, dated February 20, 1999 from S. Elowitz to Station Manager at AM 1140 Radio regarding "Awareness Distributor/Awareness product Advertising on your Radio Station", Bates labeled AWR 59448. Letter, dated March 26, 2001 from S. Elowitz to Paige Mattice and F. Styger regarding "Awareness Corporate Review of 'Experts on Call' With Paige Mattice, interviewed by Jay Richards", Bates labeled AWR 001301 - 1303. Letter, dated May 22, 2001 from S. Elowitz to Paige Mattice and F. Styger re " Paige Mattice's Radio Program 'Experts on Call' With Paige Mattice, interviewed by Jay Jay Richards/Includes charges implemented by review 3-26-01", Bates labeled AWR 001305 1306. Letter, dated December 10, 2001 from G. Allcock to Paige Mattice regarding "Agreement to Transfer Tim Rocco Awareness Downline Distributors to Paige Mattice", Bates labeled AWR 00979 - 980.

96.

O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried.

97.

O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried.

98.

O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried.

99.

O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried.

100.

Letter, dated August 5, 2002 from S. Elowitz to Paige Mattice regarding "Awareness Products/prohibition against Making Parasite cleansing claims in U.S. /Unauthorized", Bates labeled AWR 001311. Correspondence dated January 27, 2003 from Awareness Corporation to Paige Mattice regarding Customer Refund, Sharon Glenn/order processed by your Distributorship, Bates labeled AWR 001333 - 1334. Letter dated February 10, 2003 from Ed Wainscott to Paige Mattice regarding "Notice of Investigation as to: Unauthorized Radio Advertising/Distribution of Unauthorized Advertising to downline [.] Unauthorized Website Content/Failure to process Customer complaints/refunds, Bates labeled AWR 001341 - 1343. Correspondence dated February 20, 2003 from Ed Wainscott to Paige Mattice regarding February 10 correspondence, Bates labeled AWR 001287 - 1289. Letter, dated May 28, 2003 from S. Elowitz to Station Manager at KNUS regarding "Awareness Distributor/Awareness product Advertising on your Radio Station/TradeMark Infringement", Bates labeled AWR 59447.

101.

O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried.

O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried.

102.

103.

O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried. O. Relevancy. This document deals with radio shows which are not involved in any issue to be tried.

104.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Relevancy. Betts were not terminated they voluntarily resigned.

105.

Letter, dated July 31, 2003 from Maria Alcantor to Suzanne and David Betts regarding "Notice of Suspension TEN DAYS FROM TODAY'S DATE 7/31/03", Bates labeled BETTS 00869. Letter, dated August 21, 2003 from E. Wainscott to Kevin and Cheryl MacGregor regarding "Notice of Suspension", Bates labeled AWR 00205 - 207. Letter, dated June 23, 2003 from E. Wainscott to Kevin and Cheryl MacGregor regarding "Unauthorized Website Content/refusal to Change unauthorized website content", Bates labeled MCGR 00642. Letter, dated July 3, 2003 from E. Wainscott to Kevin and Cheryl MacGregor regarding "Unauthorized Website Content", Bates labeled MCGR 00636 - 638. Tape Transcription of August 7, 2003 conference call, Bates labeled AWR 047064 47073

106.

O. Relevancy. MacGregors were not terminated or suspended. They voluntarily resigned. S

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108.

O. Relevancy. The court has ruled that this telephone conference does not violate the Lanham Act. O -- GVI - - (1) Foundation and (2) Relevancy: (1) The document has not been authenticated. (2) The Court previously ruled that the conference calls are not relevant to the product disparagement claims.

109.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Relevancy. The court has ruled that this telephone conference does not violate the Lanham Act. O -- GVI - - (1) Foundation and (2) Relevancy: (1) The document has not been authenticated. (2) The Court previously ruled that the conference calls are not relevant to the product disparagement claims.

August 12, 2003 conference call, Bates labeled AWR 047117 - 47127 110.

August 14, 2003 conference call, Bates labeled AWR 047150 - 47171 111.

O. Relevancy. The court has ruled that this telephone conference does not violate the Lanham Act. O -- GVI - - (1) Foundation and (2) Relevancy: (1) The document has not been authenticated. (2) The Court previously ruled that the conference calls are not relevant to the product disparagement claims.

August 16, 2003 conference call, Bates labeled AWR 047172 - 47188 112.

O. Relevancy. The court has ruled that this telephone conference does not violate the Lanham Act. O -- GVI - - (1) Foundation and (2) Relevancy: (1) The document has not been authenticated. (2) The Court previously ruled that the conference calls are not relevant to the product disparagement claims.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Relevancy. The court has ruled that this telephone conference does not violate the Lanham Act. O -- GVI - - (1) Foundation and (2) Relevancy: (1) The document has not been authenticated. (2) The Court previously ruled that the conference calls are not relevant to the product disparagement claims.

September 1, 2003, conference call, Bates labeled AWR 047308 - 047326 113.

September 13, 2003 conference call, Bates labeled AWR 047503 - 47525. 114.

O. Relevancy. The court has ruled that this telephone conference does not violate the Lanham Act. O -- GVI - - (1) Foundation and (2) Relevancy: (1) The document has not been authenticated. (2) The Court previously ruled that the conference calls are not relevant to the product disparagement claims.

Conference Call transcript, dated September 16, 2003, Bates labeled AWR 047481 - 47502 115.

O. Relevancy. The court has ruled that this telephone conference does not violate the Lanham Act. O -- GVI - - (1) Foundation and (2) Relevancy: (1) The document has not been authenticated. (2) The Court previously ruled that the conference calls are not relevant to the product disparagement claims.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

116.

Letter, dated August 15, 2003 from E. Wainscott to Douglas Rienstra ("the GVI notice") regarding "Potential Unlawful Interference Claim" AWR 001239 - 001242; and enclosing the August 15, 2003 letter to Remelski (and Mattice) regarding "Unlawful Conduct and Defamation", Bates labeled G 0058 - 0064. GVI Approval of GVI Distributor Advertising, Bates labeled MAT 01056, M 5928 - M 5932 E-mail correspondence dated October 14, 2003 from Suzanne Betts to Doug Rienstra regarding International distributors, Bates labeled BETTS 00593. E-mail correspondence dated October 22, 2003 from Suzanne Betts to Douglas Rienstra, Cheryl Macgregor, Paige Mattice, Lynn Remelski, Balarama regarding "Copywrite [sic] Infringement", Bates labeled BETTS 00609. E-mail correspondence dated October 23, 2003 from Douglas Rienstra to Suzanne Betts regarding Copyright infringement and Dr. Axelson, Bates labeled BETTS 00580. Form letter from Paige Mattice announcing Group Vision International to recipients; also advertising her conference calls, Bates labeled REM 00027 - 28.

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O. Relevancy. This document does not apply to any issues in this case.

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Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

122.

www.thelifetree.com "Because You Deserve The Best Naturally" page. Paige Mattice Certified Nutritionist, August 20, 2003, Bates labeled AWR 00220 - 224. www.thelifetree.com/innerpurity.htm containing InnerPurity product page and announcement Featuring: Certified Nutritionist, Paige Mattice, dated August 20, 2003, Bates labeled AWR 00253 - 261. Herbal Health Rx, dated August 21, 2003, providing contact information for the sites sponsor - Paige Mattice, Bates labeled AWR 046979-82, 046966-67. Thelifetree.com "Click here to listen to our radio broadcasts..." and "Featuring: Certified Nutritionist, Paige Mattice", dated September 11, 2003, Bates labeled AWR 00480 - 483 PRWeb Press Release, Paige Mattice C.N., Herbalist, dated September 11, 2003, at 7 PM, at the Grace Inn Ahwatukee, Arizona, P. Mattice Deposition Exhibit 2 GVI Product information pages on groupvisionintl.com, November 22, 2003, Bates labeled G 0001 - 39 Radio Broadcasts on mygroupvision.com/support/radioshows.htm, dated March 9, 2004

S

123.

S

124.

S

125.

126.

O. Hearsay. Foundation. This document is produced by a Third Party. The basis for the information is not provided. S

127.

128.

S

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 21 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

129.

Radio show transcript of "The Four Biggest Health Challenges", Bates labeled AWR 047571 - 47579 Radio show transcript of "Minerals, the Missing Health Factor for Health", Bates labeled AWR 047561 - 47570 [Announcement with website addresses to Double R Health, Herbal Rx and The Life Tree.com in the heading] Paige Mattice Certified Nutritionist, 100% certified organic, Bates labeled MCGR 00718 [Announcement] Paige Mattice Will be Speaking In Arizona Paige Mattice C.N., Herbalist August 21, 2003 @ 7:00PM Grace Inn 10831 S. 51st St., Ahwatukee, AZ, Bates labeled REM 00029 Group Vision Corporate Product Information Line 1-800-809-3541 #1, Bates labeled AWR 047048 - 47049 E-mail correspondence dated October 7, 2003 from [email protected] to "S Betts" regarding website, Bates labeled MCGR 00532 533. GROUP VISION INTERNATIONAL PRODUCT / BUSINESS OPPORTUNITY HANDBOOK, Bates labeled MCGR 00668 694

130.

S

131.

O. Foundation. The documentary support for this item and the author of this item is unknown.

S O -- GVI - - Foundation; GVI demands foundation pertaining to the Exhibit

132.

133.

S

S

134.

S

135.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 22 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S S

136.

Group Vision International Pre-Launch Application, Bates labeled MCGR 00699 Group Vision International Policies and Procedures, November 20, 2003, D. Pearson deposition exhibit number 101. AMENDED AND RESTATED OPERATING AGREEMENT OF GROUP VISION INTERNATIONAL LLC, Not Dated, Bates labeled G 0122 - 152 Group Vision Distributor List - alpha for attorney, Bates labeled G 0207 - 214 Mattice's Bonus History at GVI, September 1, 2004, Bates labeled G 0240 - 244 Betts' Bonus History at GVI, September 1, 2004, Bates labeled G 0269 - 72; G 0274, 75, 77, 78, 81 MacGregor's Bonus History at GVI, September 1, 2004, Bates labeled G0251 - 54; G 0256 - 59 Remelski's Bonus History at GVI, September 1, 2004, Bates labeled G 0261 - 63; G 0265 - 67 Group Vision International, Paige Mattice, Personal Group Downline, Bates labeled G 0162 - 68 Group Vision International, KR Mattice, Personal Group Downline, Bates labeled G 0169 - 70

137.

S

138.

139. 140.

S S S

141.

142. 143.

S S S

144.

145.

S

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 23 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S S S

146. 147.

Group Vision International, Lynn Remelski, Personal Group Downline, Bates labeled G 0171 Group Vision International, Renie Remelski, Personal Group Downline, Bates labeled G 0172 Group Vision International, Suzanne Betts, Personal Group Downline, Bates labeled G 0173 - 74 Group Vision International, David Betts, Personal Group Downline, Bates labeled G 0175 Group Vision International, Cheryl MacGregor, Personal Group Downline, Bates labeled G 0176 Group Vision International, Kevin MacGregor, Personal Group Downline, Bates labeled G 0177 CERTIFICATE OF REGISTRATION [United States Copyright Office] dated October 15, 2003 for Awareness Distributor Extranet Software, Bates labeled AWR 001004 - 1005 June 26, 2002, Awareness Corporation Legal Department, to All Awareness Corporation distributors regarding 30 Day Notice To All Awareness Distributors With A Personal Internet Website(s) Which Feature Any Of The Awareness Product(s), Bates labeled BETTS 01011 - 1014 Preliminary Injunction Order, dated December 9, 2003

148.

149. 150. 151.

S S S S

152.

S

153.

154.

O. Relevancy. The content of the Order does not constitute issue preclusion or res judicata

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 24 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

155.

Harwood Enterprises Worldwide Certificate of Content for InnerClarity and InnerPurity, dated August 18, 2003, Bates labeled G 0093 - 97 Starwest Botanicals, Inc. Certificates of Analysis, Bates labeled G 0098 - 106 Facsimile, dated October 7, 2003, regarding Results Summary, Bates labeled G 0107 - 108 Non-Competition, Non-Circumvention And Confidentiality Agreement by and among Harwood Enterprises Worldwide, LP and Group Vision International, dated May 15, 2003, Bates labeled G 0224 - 26 Affidavit of Paige Mattice [TRO Hearing], dated October 27, 2003 Joint Affidavit of David and Suzanne Betts [TRO Hearing], dated October 27, 2003 Joint Affidavit of Kevin and Cheryl MacGregor [TRO Hearing], dated October 27, 2003 Joint Affidavit of Lynn and Renie Remelski [TRO Hearing], dated October 27, 2003 Affidavit of Paige Mattice [submitted with the Individual Defendants' ("Ind. D") Response to Awareness' Motion for Summary Judgment on the Counterclaims], dated December 3, 2004

156. 157.

S S S

158.

159. 160. 161. 162.

O. The document is incomplete in that it does not contain the attachments. S O. The document is incomplete in that it does not contain the attachments O. The document is incomplete in that it does not contain the attachments. S

163.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 25 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

164.

Joint Affidavit of David and Suzanne Betts [submitted with the Ind. D Response to Awareness' Motion for Summary Judgment on the Counterclaims], dated December 6, 2004 Joint Affidavit of Kevin and Cheryl MacGregor [submitted with the Ind. D Response to Awareness' Motion for Summary Judgment on the Counterclaims], dated December 3, 2004 Affidavit of Lynn Remelski [submitted with the Ind. D Response to Awareness' Motion for Summary Judgment on the Counterclaims], dated December 3, 2004 Affidavit of Paige Mattice [submitted with the Ind. D Motion for Summary Judgment], dated January 24, 2005 Affidavit of David and Suzanne Betts [submitted with the Ind. D Motion for Summary Judgment], dated January 21, 2005 Affidavit of Cheryl and Kevin MacGregor [submitted with the Ind. D Motion for Summary Judgment], dated January 20, 2005 Affidavit of Renie and Lynn Remelski [submitted with the Ind. D Motion for Summary Judgment], dated January 21, 2005 Affidavit of Paige Mattice [submitted with the Ind. D Response to Awareness' Motion for Summary Judgment of Counts III and VII], dated February 28, 2005

S

165.

S

166.

167.

S

168.

S

169.

S

170.

S

S

171.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 26 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

172.

Affidavit of David and Suzanne Betts [submitted with the Ind. D Response to Awareness' Motion for Summary Judgment of Counts III and VII], dated February 28, 2005 Affidavit of Kevin and Cheryl MacGregor [submitted with the Ind. D Response to Awareness' Motion for Summary Judgment of Counts III and VII], dated February 25, 2005 Affidavit of Lynn Remelski [submitted with the Ind. D Response to Awareness' Motion for Summary Judgment of Counts III and VII], dated February 25, 2005 Affidavit of Daniel Pearson in Support of Group Vision International LLC's Motion for Summary Judgment, dated January 26, 2005 Expert report by Theodore M. Farber, Ph.D., DABT, dated September 28, 2004, Bates labeled AWR 59559 -59621 Expert report of David A. Hall, dated November 5, 2004, Bates labeled AWR 59622 - 59658 Rebuttal report by Theodore M. Farber, Ph. D, DABT, dated November 5, 2004, Bates labeled AWR 59693 - 59735 Expert rebuttal report of David A. Hall, dated November 5, 2004, Bates labeled AWR 59736 59762

S

173.

S

174.

175.

S

176.

O. Hearsay. This document contains statements by Third Parties. O. Hearsay. This document contains statements by Third Parties. O. Hearsay. This document contains statements by Third Parties. O. Hearsay. This document contains statements by Third Parties.

177.

178.

179.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 27 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

180.

www.herbalhealthrx.com, dated August 6, 2003, Dr. Dean Axelson, D.V.M. Veterinarian article, Bates labeled AWR 046914 Awareness product information, dated May 31, 2002, Dr. Dean Axelson, D.V.M., Bates labeled AWR 046916 - 46917 www.nancyshealthfoods.com, dated February 19, 2004, Bates labeled AWR 046918 - 46923 Awareness marketing material, Tips For Balanced Living, Bates labeled AWR 046925 awarenesslife.com, "Control Your Appetite & Cravings Naturally!" Dated February 19, 2004, Bates labeled AWR 046948 - 46950 awarenesslife.com, "The Wisdom of the Ages", dated February 19, 2004, Bates labeled AWR 046951 www.herbalhealthrx.com, dated August 6, 2003, Pure Gardens Skin Cream, Bates labeled AWR 046961 www.thelifetree.com, dated February 18, 2004, Personal Care Products , Bates labeled AWR 046952 - 46958 Awareness marketing material, "The 10 Most Unwanted Ingredients in Personal Care & Beauty Products", dated February 19, 2003, Bates labeled AWR 046959 - 46960

181.

S

182. 183.

S S O. Relevancy. This document is dated after the events involved in this lawsuit. O. Relevancy. This document is dated after the events involved in this lawsuit. S

184.

185.

186.

187.

S

S

188.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 28 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

189.

Facsimile from Derek at Harwood to Dan, dated June 27, 2003, attaching First Production Run for Inner Clarity and Inner Purity Agreement, Bates labeled G 0228 - 229 Facsimile from Harwood-Derek-Tom to Dan Pearson, dated July 18, 2003, attaching First Production Run for Inner Clarity and Inner Purity Agreement, Bates labeled G 0230 - 232 Subpoena duces tecum, dated January 29, 2004, to Harwood Enterprises Worldwide, and Subpoena response, Bates labeled HRD 00001 7

S

190.

S O ­ GVI - - (1) Foundation and (2) Hearsay (1) The document has not been authenticated. (2) Pages HRD 001 - 003 are hearsay.

191.

192.

Declaration of Kimberly Warshawsky, dated February 25, 2005, attaching internet search results for various domain name registrations and ownership, Bates labeled, AWR 059777 59794. Newsletter announcing "Group Vision International opens its PRE-LAUNCH July 7, 2003", Bates labeled REM 00768 - 772

O. Hearsay and Foundation. This document contains statements from Third Parties. Allowance of such would disqualify Plaintiff's counsel. O. Hearsay and Foundation. There is no showing of who authorized this document. O ­ GVI - - The document has not been authenticated O. Hearsay. Page 1 of this document contains statement of Third Parties. The document is in breach of discovery protocol.

193.

194.

Dell computer report printed on March 10, 2004, of a letter from Lynn Remelski to Stephen, dated October 17, 2003, regarding senna and wormwood.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 29 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Hearsay. Page 1 of this document contains statement of Third Parties. The document is in breach of discovery protocol O. Hearsay. Statement of a party not offered against that party. S

195.

Sony computer report printed on March 10, 2004, of a memo from Suzanne Betts to Paige Mattice, dated October 17, 2003. Declaration of Gord Allcock, dated November 26, 2003. 2003 Form 1099 from Group Vision International to K. Mattice, P. Mattice and Herbal Health Rx, Bates labeled MAT 01909 1910 2003 Individual Tax Return for Kelly R and Paige Mattice, Bates labeled MAT 01911 - 1926 2002 Individual Tax Return for Kelly R and Paige Mattice, Bates labeled MAT 01814 - 1832 2001 Individual Tax Return for Kelly R and Paige Mattice, Bates labeled MAT 01833 - 1850 2000 Individual Tax Return for Kelly R and Paige Mattice, Bates labeled MAT 01851 - 1877 1999 Individual Tax Return for Kelly R and Paige Mattice, Bates labeled MAT 01878 - 1908 2003 Form 1099 from Group Vision International to David Betts, Bates labeled BETTS 03553

196.

197.

198.

O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. S

199.

200.

201.

202.

203.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 30 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. S

204.

2003 Income Tax Return for David and Suzanne Betts, Bates labeled BETTS 03523 - 03552 2002 Income Tax Return for David and Suzanne Betts, Bates labeled BETTS 03508 - 03522 2001 Income Tax Return for David and Suzanne Betts, Bates labeled BETTS 03493 - 03507 2000 Income Tax Return for David and Suzanne Betts, Bates labeled BETTS 03477 - 03492 1999 Income Tax Return for David and Suzanne Betts, Bates labeled BETTS 03464 - 03476 2003 Form 1099 from Group Vision International to The Life Tree, Cheryl MacGregor, and Kevin MacGregor, Bates labeled MCGR 03279 - 3280 2003 Form 1040 Schedule C and supporting documents for Kevin and Cheryl MacGregor, Bates labeled MCGR 03230 - 03287 2002 Form 1040 Schedule A and supporting documents for Kevin and Cheryl MacGregor, Bates labeled MCGR 03214 - 03229 2001 Income Tax Return for Kevin and Cheryl MacGregor, Bates labeled MCGR 03202 03213

205.

206.

207.

208.

209.

210.

O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party.

211.

212.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 31 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. S

213.

2000 Income Tax Return for Kevin and Cheryl MacGregor, Bates labeled MCGR 03196 03201 1999 Schedule C for Kevin MacGregor and The Life Tree, Bates labeled MCGR 03277 - 03278 2003 Form 1099 from Group Vision International to Double R Health, Bates labeled REM 01017 2003 Income Tax Return for Renie and Lynn Remelski, Bates labeled REM 01002 - 1016 2002 Income Tax Return for Renie and Lynn Remelski, Bates labeled REM 00987 - 1001 2001 Income Tax Return for Renie and Lynn Remelski, Bates labeled REM 00972 - 986 2000 Income Tax Return for Renie and Lynn Remelski, Bates labeled REM 00958 - 971 1999 Income Tax Return for Renie and Lynn Remelski, Bates labeled REM 00938 - 957 2003 Form 1065 US Return of Partnership Income for Group Vision International, Bates labeled G 0188 - 191

214.

215.

216.

O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. O. Relevancy and Materiality. The Income Tax Return has no relationship with the damages sought by either party. S

217.

218.

219.

220.

221.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 32 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S S S

222. 223.

Group Vision International Trial Balance as of December 31, 2003, Bates labeled G 0192 - 193 Group Vision International Trial Balance as of March 31, 2004, Bates labeled G 0194 Form K-1 Partners Share of Income, Credits, Deductions, etc. for Douglas Rienstra, Bates labeled G 0219 - 220 Form K-1 Partners Share of Income, Credits, Deductions, etc. for Daniel W. Pearson, Bates labeled G 0217 - 218 Form K-1 Partners Share of Income, Credits, Deductions, etc. for Kathrin M. Davis, Bates labeled G 0221 - 222 Letter dated September 22, 2003 from G. Eagleburger to E. Wainscott regarding unpaid commissions to Mattice, Bates labeled AWR 001220 - 1222. Demonstrative Exhibit "Analysis of Downline for P. Mattice ID 4103301 By Source" Demonstrative Exhibit "Downline Organization Structure" Demonstrative Exhibit "Awareness Revenue from Defendants' U.S. Downlines"

224.

225.

S

226.

S

S

227.

228.

O. Foundation. There is no factual support for this graph. O. Foundation and Hearsay. There is no factual support for this graph. It also contains hearsay statements. O. Foundation and Hearsay. There is no factual support for this graph. It also contains hearsay statements from unknown sources.

229.

230.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 33 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Foundation. This summary is no supported by data.

231.

Awareness Corporation Summary of Lead Sales January 2001 to July 2004 (marked Confidential for Attorneys Eyes Only), Bates labeled AWR 59340 E-mail from S Betts to [unknown], dated October 16, 2003, re Termination Instructions, Bates labeled BETTS 00188 Affidavit of Mark Tahiliani, dated November 3, 2004, in Support of Plaintiff/Counter-defendant Awareness Corporation's Motion for Summary Judgment of Counter-Plaintiffs' Amended Counterclaims Awareness Corporation Member Application, Bates labeled AWR 59797 - 59814 Awareness Corporation Sign up and Renewal Records, Bates labeled AWR 59815 - 18 Awareness Corporation Invoices, Bates labeled AWR 59819 - 59837; 59839 - 59847; 59852 59855 Individual Defendants' Discovery Responses Betts' Discovery Responses Mattices' Discovery Responses MacGregors' Discovery Responses Remelskis' Discovery Responses GVI's Discovery Responses Individual Defendants' Disclosure Statements

232.

S

233.

O. Hearsay. This statement is a statement of a Third Party or a statement of Awareness that is not against internet.

234. 235.

O. Foundation. This summary is not supported by revealable underlying data. O. Foundation. This record is not supported by revealable underlying data. O. Foundation. These invoices are not supported by purachase documents from the Defendants. S S S S S S S

236. 237. 238. 239. 240. 241. 242. 243.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 34 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S O. Hearsay. This document contains statements of Third Parties. O. Hearsay. This document contains statements of Third Parties.

244.

Group Vision International's Disclosure Statements E-mail correspondence dated October 2, 2003 from S Betts to "Steven Powell" regarding "Hey There" Bates labeled BETTS 00390 E-mail correspondence dated September 18, 2003 from S Betts to "Steven Powell" regarding "Salubrity Distributorship" Bates labeled BETTS 00379 Awareness Corporation's monthly income and expense reports for US and Canada revenue from January 2001 through July 2004 Bates labeled AWR 047580-047665

245.

246.

O. Foundation. No supporting documents have been produced for these summaries. O -- GVI - - (1) Foundation; and (2) Hearsay: (1) The document has not been authenticated. (2) The reports are summaries and the originals have not been made available for examination and copying. O. Foundation. No supporting documents have been produced for these summaries. O -- GVI - - (1) Foundation; and (2) Hearsay: (1) The document has not been authenticated. (2) The reports are summaries and the originals have not been made available for examination and copying.

247.

248.

Awareness Corporation's updated support for damage claim including downline and non-downline revenue and variable cost information from January 2001 through July 2004

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 35 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Foundation. No supporting documents have been produced for these summaries. O -- GVI - - (1) Foundation; and (2) Hearsay: (1) The document has not been authenticated. (2) The reports are summaries and the originals have not been made available for examination and copying.

Awareness Corporation's 1999 and 2000 income statement financial figures 249.

250.

Awareness Corporation's tax returns for 2001, Bates labeled AWR 59449 - 50, AWR 59676 85 Awareness Corporation's tax returns for 2002, Bates labeled AWR 59451 - 52, AWR 59659 63, AWR 59686 - 92 Awareness Corporation's tax returns for 2003, Bates labeled AWR 59453 - 54, AWR 59664 74 Awareness' "Jumpstart Success Manual" (2004) Dunn & Bradstreet Comprehensive Report for Awareness Corporation

O. Foundation. This document contains redactions and the figures thereon are not supported by data. O. Foundation. This document contains redactions and the figures thereon are not supported by data. O. Foundation. This document contains redactions and the figures thereon are not supported by data. O. Relevancy. This manual was not produced util after the events in question. O. Relevancy. How a company is rated by third parties has no relevancy to our issues. O -- GVI - - (1) Foundation; and (2) Hearsay; and (3) Relevancy: (1) The document has not been authenticated. (2) The report contains hearsay on hearsay; (3) Dunn & Bradstreet's evaluation of Awareness is not material to any issue.

251.

252.

253.

254.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 36 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Hearsay and Relevancy. This is a book by third parties and has nothing to do with either parties' damage claims. O. Hearsay and Relevancy. Data is not linked to any parties' damages. O. Hearsay and Relevancy. Document produced by third party. Not related to damage claims. O. Hearsay and Relevancy. Document produced by third party. Not related to damage claims. O. Hearsay and Foundation. This graph is produced by third parties and is unsupported by data. O. Hearsay and Foundation. This graph is produced by third parties and is unsupported by data. O. Hearsay and Foundation. This graph is produced by third parties and is unsupported by data. O. Hearsay, Foundation and Speculative. This information is provided by a third party without supporting data and clearly speculates on future earnings.

255.

Cost of Capital Estimation and Applications, Second Edition; Pratt Federal Reserve Statistical Release (from Federal Reserve website dated September 27, 2004) Ibbotson Associates "Stocks, Bonds, Bills, and Inflation 2003 Yearbook" Graph titled "Awareness Revenue from Defendants' U.S. Downlines Actual Revenue" Bates labeled AWR 59643 Graph titled "Awareness Revenue from Defendants' Canadian Downlines Actual Revenue" Bates labeled AWR59644 Graph titled "Awareness Revenue from Defendants' U.S. Downlines Actual Revenue & Trend Line" Bates labeled AWR 59645 Graph titled "Awareness Revenue from Defendants' Canadian Downlines Actual Revenue & Trend Line" Bates labeled AWR 59646 Chart titled "Awareness Corporation Actual and Would Have Been Downline Revenue Calculations" Bates labeled AWR 59647-59650

256.

257.

258.

259.

260.

261.

262.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 37 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Hearsay, Foundation and Speculative. This information is provided by a third party without supporting data and clearly speculates on future earnings. O. Hearsay, Foundation and Speculative. This information is provided by a third party without supporting data and clearly speculates on future earnings. O. Hearsay, Foundation and Speculative. This information is provided by a third party without supporting data and clearly speculates on future earnings. O. Hearsay, Foundation and Speculative. This information is provided by a third party without supporting data and clearly speculates on future earnings. O. Hearsay, Foundation and Speculative. This information is provided by a third party without supporting data and clearly speculates on future earnings. O. Hearsay, Foundation and Speculative. This information is provided by a third party without supporting data and clearly speculates on future earnings. O. Hearsay and Foundation. Third party's statements are unsupported by factual data. O. Hearsay, Foundation and Speculative. Third party's chart is unsupported by factual data and speculates on future earnings and expenses.

263.

Graph titled "Awareness Revenue from Defendants' U.S. Downlines Actual Revenue and Would-Have-Been Trend Line" Bates labeled 59651 Graph titled "Awareness Revenue from Defendants' Canadian Downlines Actual Revenue and Would-Have-Been Trend Line" Bates labeled AWR 59652 Graph titled "Awareness Revenue from Defendants' U.S. Downlines Would Have Been vs. Actual August 1, 2003 through July 31, 2004" Bates labeled 59653 Graph titled "Awareness Revenue from Defendants' Canadian Downlines Would Have Been vs. Actual August 1, 2003 through July 31, 2004" Bates labeled AWR 59654 Chart titled "Awareness Corporation Lost Profits Calculation for Defendants' U.S. Downlines (8/1/03 through 7/31/04)" Bates labeled 59655 Chart titled "Awareness Corporation Lost Profits Calculations for Defendants' Canadian Downlines (8/1/03 through 7/31/04)" Bates labeled AWR 59656 "Discount Rate: Build-up Methodology" Bates labeled AWR 59657 Chart titled "Awareness Corporation Lost Profits Defendants' Downlines: August 1, 2003 through July 31, 2008" Bates labeled AWR 59658

264.

265.

266.

267.

268.

269.

270.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 38 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection O. Foundation. Plaintiff's summary is not supported by data. MISSING

271.

Sales information for all Awareness distributors who received Defendant Betts' "Special Announcement" e-mail Sales information for all persons terminating their Awareness distributorship because of the Distributor Defendants Defendants MacGregor's support for damage claims Bates labeled MCGR 00327-00384, MCGR 00733-00742 Defendants Mattice's support for damage claims Bates labeled MAT 00147-00407, MAT 00477-00479 Defendants Remelski's support for damage claims Bates labeled REM 00412-00430 Defendants Betts' support for damage claims Bates labeled BETTS 00972, BETTS 01022-01040, BETTS 01045, BETTS 01137, BETTS 01301-01306, BETTS 01307-01312, BETTS 01329, BETTS 01331-01332, BETTS 01335, BETTS 01338, BETTS 01340-01341, BETTS 01354-01356, BETTS 01359-01360, BETTS 01363-01365, BETTS 01375-01376, BETTS 01387, BETTS 01389-01390, BETTS 01392-01400, BETTS 01405-01408, BETTS 01427-01428, BETTS 01472, BETTS 01474-01481, BETTS 01573, BETTS 01754-01760

272.

273.

S

274.

S

275.

S S

276.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 39 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

277.

Email correspondence dated October 23, 2003 from S. Betts to [email protected] regarding "FDA Rep", Bates labeled BETTS 00078. Group Vision International "Products" page dated November 24, 2003 Bates labeled AWR 001802-03 November 18, 2003 deposition of Paige Mattice EXHIBIT WITHDRAWN November 20, 2003 deposition of Kelly Mattice EXHIBIT WITHDRAWN November 19, 2003 deposition of Lynn Cheryl Remelski (Volume I, pages 1 through 128) EXHIBIT WITHDRAWN November 19, 2003 deposition of Lynn Cheryl Remelski (Volume II, pages 129 through 141) EXHIBIT WITHDRAWN November 19, 2003 deposition of Renie E. Remelski EXHIBIT WITHDRAWN November 21, 2003 deposition of Cheryl MacGregor EXHIBIT WITHDRAWN November 21, 2003 deposition of Kevin MacGregor EXHIBIT WITHDRAWN

278.

S

279. 280.

S S S

281.

282.

S

283.

S

284.

S

285.

S

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 40 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

286.

November 25, 2003 deposition of Daniel Pearson EXHIBIT WITHDRAWN November 24, 2003 deposition of Suzanne Betts EXHIBIT WITHDRAWN November 24, 2003 deposition of Melvin David Betts EXHIBIT WITHDRAWN December 10, 2004 deposition of Barbara N. Timmermann, Ph.D. EXHIBIT WITHDRAWN February 20, 2003 correspondence from Edwin B. Wainscott to Mr. Gregory Eagleburger regarding "Paige Mattice Dispute" Bates labeled AWR 001295-001298 Mattices' GVI 12 Month Income Report, Bates labeled MAT 01813 Betts' GVI Income and Matrix Income, Bates labeled BETTS 03431-37, plus three additional un-numbered pages provided by defendant Betts' GVI genealogy and personal downline reports, Bates labeled BETTS 03438-44 Betts' GVI and Awareness sales summaries, Bates labeled BETTS 03445-63 MacGregors' GVI Commission and Sales History, Bates labeled MCGR 03234-47

287.

S S

288.

289.

S

290.

O. Relevancy. Mattice was not terminated. She voluntarily resigned.

291.

S S

292.

293.B 294. 295.

S S S

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 41 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection S

296.

Remelskis' GVI Income and Sales History reports, Bates labeled REM 00895, two un-numbered pages from defendants, REM 00898 - 928 Email correspondence dated October 13, 2003 from eric + mary schmidt to Mark regarding "FW: Clearing Parasites from Your Pets.htm," Bates labeled AWR 001733 Affidavit of Maria Alcantor in Support of Plaintiff's Response to the Distributor Defendants' Motion to Strike dated March 28, 2005 Expert Report of John J. Gorman, Bates labeled Ind D 0239 - 0265 Expert Report of Barbara Timmermann, Bates labeled Ind D 0266 - 327

S

297.

298.

O. Relevancy. The telephone conference calls have been determined not to violate the Lanham Act. S S

299. 300.

Case 2:03-cv-02024-DGC

Document 354-3

Filed 08/08/2005

Page 42 of 91

DISTRIBUTOR DEFENDANTS' TRIAL EXHIBITS Exhibit No. Marked for ID Admitted in Evidence Description Stipulated (S)/Objection (O) and Basis for Objection O. Exhibit 350 should be excluded in its current form because the Distributor Defendants have altered it by highlighting certain portions of the document. Highlighting portions of the evidence is misleading because it suggests either that the 2001 P&P was sent to each distributor with these highlighted sections, or that the distributors themselves highlighted sections they considered important to their decision to join Awareness. See, e.g., FED.R.EVID. 403. Upon information and belief, defendants' counsel marked Exhibit 350 and the evidence should not go into the record with his unilateral modifications. Even without modification by Defendants' counsel, the relevant of this evidence is doubtful. Relevant evidence is any evidence having any tendency to make the existence of any fact that is of consequence more or less probable than it would be without the evidence. FED.R.EVID. 401. Irrelevant evidence is not admissible. FED.R.EVID. 402. Awareness' 2001 P&P governs only one issue in this lawsuit: the defendants' claim that Awareness made direct sales to its own distributors. The 2001 P&P should therefore be admissible for the limited purposes of supporting this claim. O. Hearsay, FED.R.EVID. 801. The affidavit of Mr. Tahiliani is an out of court statement not admissible for its truth. While such evidence

Awareness Policies and Procedures dated 4/17/01.

350.

351.

Affidavit of Mark Tahiliani dated October 20, 2003.

Case 2:03-cv-02024-DGC

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Filed 08/08/2005

Page 43 of 91

Exhibit No.

Marked for ID

Admitted in Evidence

Description

Stipulated (S)/Objection (O) and Basis for Objection may be used to impeach, it should not go into the record.

Awareness Policies and Procedures dated 12/17/03.

352.

O. Irrelevant evidence is not admissible. FED.R.EVID. 401, 402. Awareness' December 2003 P&P is not relevant because the Distributor Defendants terminated their Awareness distributorships in August and September, 2003. Their claims are therefore governed by the P&P existing as of the date of their respective terminations - the July 2003 P&P - and the terms of the December 2003 P&P do not make the Distributor Defendants' claims for breach of contract against Awareness any more or less probable. But even if the December 2003 P&P was relevant, its probative value is substantially outweighed by the risk of undue prejudice to Awareness. Whether Awareness breached its obligations under the July 2003 P&P should be decided without confusing the matter by comparing its actions with later agreements that are not at issue in this case. Finally, even if the December 2003 P&P was relevant and are not unduly prejudicial to Awareness, Exhibit 352 should be excluded in its current form because the Distributor Defendants have altered it by highlighting certain portions of the document. Highlighting portions of December