Free Response in Support of Motion - District Court of Arizona - Arizona

STATEMENT OF CONSULTATION
In accordance with Rule 4.2(d)(l) of the Local Rules of Civil Practice of the United
States District Court for the District of Arizona, undersigned counsel for Defendant Liz
Claibome, Inc. ("Claiborne") hereby certifies that, after personal consultation and good faith
efforts to do so, the parties have been unable to satisfactorily resolve all disputed issues relating
to the attomeys’ fees claimed in the Motion Claiborne filed on February 17, 2006 in Case No.
CIV '00—0663, currently pending before the District Court of Arizona.
More specifically, on March l0, 2006, undersigned counsel sent the attached e-mail to
Victoria Curtin, one of the attorneys representing Plaintiff Lemelson Medical, Education &
Research Foundation in this case, requesting her to participate in the consultation required by
L Local Rule 54(2)(d)(l). Ms. Curtin responded by telephoning undersigned counsel the following
Monday, March I3, 2006. After a discussion of the relevant disputed issues, Ms. Curtin
indicated to undersigned counsel that her client was unwilling at this time to offer any amount in
settlement of Claibome’s fee claim.
DATED this 7m day of April, 2006.
Jgzies W. Armstrong
605798.01
EXHIBIT A
Case 2:OO—cv—OO663-HRH Document 750-3 Filed O4/O7/2006 Page 1 of2

Armstrong, James
From: Armstrong, James
Sent: Friday, March 10, 2006 2:14 PM
To: '[email protected]‘; '[email protected]'
Cc: '[email protected]'
Subject: Lemelson Foundation v. Alcon Labs; Lemelson Foundation v. CompUSA, Inc.
Attachments: Motion for Award of Attorneys' Fees - CIaiborne.pdf; Motion for Award of Attorneys' Fees - Del
Labs.pdf
Ms. Curtin, as you know, we represent a defendant in each of the above referenced civil actions pending before Judge Holland in the
District Court of Arizona, Del laboratories, Inc. and Liz Claiborne, Inc., both of which recently filed the attached Motions for an award of
attorneys' fees against your client in accordance with Local Rule 54.2. Pursuant to subdivision (d)(1) of that Rule, I would like to
speak with you on behalf of our clients in a good faith effort to resolve their respective fee claims, if possible. I am sure you will agree
that the sums request by Del and Liz Claiborne are relatively small, particularly in comparison to some of the other fee claimants in
these cases, and that a mutually acceptable settlement therefore makes great practical sense.
Please give me a call at your earliest convenience, or let me know when you are otherwise available to discuss this matter. Thank you
for your cooperation.
James W. Armstrong
SACKS TIERNEY P.A., Attorneys
4250 N. Drinkwater Blvd, Fourth Floor
Scottsdale, Arizona 85251-3693
480.425.2628 DID Telephone
480.425.4928 DID Facsimile
[email protected]
NOTICE: This e-mail may contain confidential and privileged material for the sole use ofthe intended recipient. Any review or
distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete and destroy all
copies. Thank you.
Vlotion for Award ofl/lotion for Award of
Attorneys'... Attorneys'...
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Case 2:00-cv-00663-HRH

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Case 2:00-cv-00663-HRH

Document 750-3

Filed 04/07/2006

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