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

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1 1 1 EXHIBITF
Case 12:04-01)-00408-SIVII\/I._ Document 103-7 Filed -12/18/2036 Page 1 013 l

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1 Christopher D. Lonn, Esq., AZ State Bar N0. 015166 A
. Michelle J. Perkins, Esq., AZ State Bar N0. 015960 _ ‘
` 2 y OI/VENS & PERKINS, P.C. A
- @322 E. Thomas Road
A . 3, 1 cottsdale Arizona SE2 1 .
4 (480) 994-8824 / Fax( 80% 941-2215 .
5 Attorney for Plaintiffs
_ _ 6 IN THE UNITED STATES DISTRICT COURT
7 A
g FOR THE DISTRICT OF ARIZONA - .
, KENT A. DYER and SUSAN DYER, 0
` . _ 10 husband and wife, Case No.: CV04-0408 PHX SMM
1] Plaintiffs, `
DECLARATION I
12 v- 1 . . . OF
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- - · 13 Y JASON.NAPIEB.3¤d DANIELLE NAPIE ’ . A I l ` ¥
husband, ‘ and wife; SCULPYII *1 -1*- > a·-· .=·_., I 1,;:-1-_; _
K 14 1 Wi‘$P‘ll=€5l9¥‘..°.9ll?9¥*F??9¥le_ _ 7 . ._ . .7 . , . y - . i l
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1 1 LESLIE BELL, states: _ . 7 _
· 18 1. I reside in Camas, Washington. · ‘
n l 19 = 2. I am a sculptor and mold-maker and I have my ownbusiness called LASH n
-J 20 I Quality Molds & Sculpture Supplies, Inc., located in Portland, Oregon. B
21 ` 3. On or about July 2002 I was at a foundry called Reflections Fine Art (now
_ 22 called Cascade Fine Arts) located in Boring, Oregon. g
23 4. While at the foundry on this day in July 2002, a large bronze sculpture of a
_ I _ lion with a_ cub itsimouth commanded the patina room. While I was waiting :
. ‘ _ opendrawer approximately ten feet away from the mountain
postcards, gallery invitations, and a
photograph was of a mounliiillglioniwitii a cub in its { r
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I Case 2:04-cv—00408-SIVII\/I Document 108-7 Filed 12/18/2006 Page 2 013 _ l

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A l mouth. _. .
2 5. I After viewing the photograph of the mountain lion with the cub in its -1
3 mouth and comparing it to the sculpture of the mountain lion with the cub in its mouth, 1
2l determined that the sculptor had copied the photograph. . n
_ 5_ 6. Upon looking at the photograph in the frame, I looked for identification of
6 the photographer; On the back of the matte that goes with the photograph there was a pre-
7 1 printed label that bore the name of Kent Dyer as the photographer. The pre-printed label
‘ 8 contained contact information for Kent Dyer. n I - .
‘ 9 r 7. I have known Jason Napier since approximately 1991. Jason Napier has a
10 personal style that I am familiar with. I immediately recognized the mountain lion a
I ll sculpturewith the cub in its mouth as the work-product of Jason Napier. I
. - S. I was disturbed that Mr. Napier copied the photograph taken by Kent Dyer.
13 I As a result, I placed an anonymous phone call to Kent Dyer to inform him of what I had I
· 14 seen at the foundry. In my opinion as a n1old—maker and a sculptor, there is no question
15 i that _Mr. Napier had copied the image from Dyer’s photograph of the mother i
_16 ` mountain lion with her cub in its mouth.
17 I declare under penalty of perjury that the foregoing is true and correct.
‘ 19 1 Dated this ·/4t day of éggggggg - , 2005.
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Case 2:04-cv-00408-SMM

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Case 2:04-cv-00408-SMM

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Case 2:04-cv-00408-SMM

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