Free Response in Opposition to Motion - District Court of Arizona - Arizona

Case 2:O3—cv—OOO53—SI\/II\/I D0cument227-6 FiIed10/20/2006 Page10f3

1 Donald A. Wall (Arizona Bar No. 007522)
David E. Rogers (Arizona Bar No. 019274)
2 Kara Cavallo (Arizona Bar No. 020037)
3 Squire, Sanders & Dempsey L.L.P.
Two Renaissance Square
4 40 North Central Avenue, Suite 2700
Phoenix, Arizona 85004-4498
5 Tel: +1.602.528.4000
Fax: +1.602.253.8129
6
Attorneys for Defendants
7 Century Insurance Group and Century Surety
Co.
8
9 IN THE UNITED STATES DISTRICT COURT
10 Fon THE msrmcr on ARIZONA ‘
11
12 CENTURY 21 REAL ESTATE CORP., Case No. CIV 03-0053 PHX SMM
13 Plaintiff} CENTURY SURETY CO.’S
14 RULE 26(a)(1) INITIAL
vs. DISCLOSURE STATEMENT
15
CENTURY INSURANCE GROUP, and
16 CENTURY SURETY CO.,
17 Defendants.
18
19 Pursuant to Fed. R. Civ. P. 26(a)(1) defendant Century Surety Group ("Century
20 Surety") submits its initial disclosures as follows:
21 Preliminary Statement
22 Century Surety has not completed its investigation of the facts in this case. This
23 disclosure statement is made without prejudice to Century Surety’s right to introduce at
24 trial any evidence that is subsequently discovered, and to produce and introduce all
25 evidence, whenever discovered, relating to proof of material facts. Moreover, facts,
26 documents and things now known may be imperfectly understood, and accordingly such
27 facts, documents, and things may not be included in the following disclosure. Century
28 Surety reserves the right to refer to, conduct discovery with reference to, or offer into
asg,,2;Q§ggv-00053-SMM Document 227-6 Filed 10/20/2006 Page 2 of 3

1 evidence at the time of trial, any and all facts, documents, and things notwithstanding the
2 initial disclosure herein. Century Surety also reserves the right to revise, correct,
3 supplement, or clarify any of the disclosures herein.
4
5 A. Persons likely to have discoverable information in support of Century
Surety’s claims or defenses.
6 l. John A. Marazza
7 2. Philip W. Stichter
8 3. Roswell Ellis .
9 4. Thomas Rossi
10 5. Michael Culver
ll The persons listed above may be contacted through undersigned counsel.
12 6. Third-pa.rty users of the term "Century" in comiection with insurance services
13 7. Century 21 persomiel
14 8. Century 21 franchisees
15 9. Elizabeth com
16 10. All counsel of record i
17 B. Categories of relevant documents.
18 1. Documents related to Century Agency and the formation and history of Century
19 Surety.
20 2. Documents relating to Century Surety’s selection, development, and use of the marks
21 that include the word "Century" in connection with providing, advertising, and
22 promoting insurance services, from the date of first use to the present.
23 3. Documents relating to the products and services sold, or offered for sale, by Century
24 Surety.
25 4. Documents relating to the channels of marketing, trade, and distribution for products
26 and services sold, or offered for sale, by Century Surety to its customers or
27 prospective customers.
28 5. Documents relating to the creation, design, and development, of materials on which
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