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

» EXHIBITB
. Case 2:O4—cv—OO408-SIVIIVI D0cument1O3g3 FiIed12/18/2006 Page10f4 k

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Y .y· Christopher D. Lonn · l ‘
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Sent: Thursday, March 25, 2004 11:35 AM i ' ,
T0: '[email protected]' - A T ° ' ’ .
0 Subject: Dyer v. Napier · _
_ _ " Laura, _ _ .
A - I have spoken with my clients about the issues we discussed yesterday. ll/ly clients will settle this matter with your
, clients so long as they receive: . . g , l
, 1. A written apology;. · 3 1
· 2. 50% of all profits on the work $-` this includes prolits to Napier as well as profits/commissions Napier had to ‘
. pay to a gallery, etc; to sell the work; and . · ‘ _ =
. ‘ 3. Attorney's fees/costs incurred in this matter. . l
I _ The Dyers are willing to accept 50% of the prohts on the sale of all sculptures ("precious cargo") that are already I ‘ ·
in existence and not sold as of this time. We will have to discuss how these are identified and assurances to the
Dyers that all sales will be tracked and timely paid to them. The same holds true with regard to the sculptures that
have already been sold. We will need to see all receiptsand other documents Napier has concerning all sales of .
the sculptures. The Dyers have been told that the monument size sculpture in front of the Ftn. Hills Library sold ,
_ for more than _the $25K you mentioned to me on the phone. A receipt or other document should resolve that T
issue. ` ’ - .
- Vllith respect to Napier possibly wanting to create more sculptures and sell them, the Dyers are willing to entertain
a proposal from him on this issue. They are not against the idea, but (ofcourse) it has to be worth it in a financial
l " c . sense. The issues with regard to tracking inventory and sales are key here, as well. Perhaps you have ideas on
how the Dyers may be kept informed of sales such that there is a comfort level that they are. not being "shorted"
orjust not being told about sales. This is a big concern for them if they are going to be tied to Napier in selling the `
, sculptures and receiving 50% ofthe profits. - ·
;»· a —
Please let me know when you receive the aocountings from your clients for all pieces thathave been sold. Nly — ‘ ‘
. . clients will want to see more than a computerprintout. Actual receipts on the sales will bekey, as well as
documents showing what Napiers actual costs are in creating the sculptures. j _ c _
· g n Thanks. A - A
" Chris Lonn ‘ .
03,25/04Case 2:04—cv—00408-Sl\/II\/I Document 103-3 Filed 12/18/2006 Page 2 of 4 _ _.

e Message n ._ - n {.1 -» Page 1 of 2
l _Christopher D. Lonn .
` )
( `From: Christopher D. Lonn _ `
Sent: Wednesday, March 31, 2004 1:03 PM
To: - ‘Zeman, Laura' - _
- _ A Subject: RE: Dyer v. Napier ‘ ·
_ Thank you. I ‘
·· h _ ----- Original Message ----- . ·
._ ‘ From: Zeman, Laura [mailto:Izeman@sw|aw.com}
- . Sent: Wednesday, March 31, 2004 1:01 PM ‘
_ To: Christopher D. Lonn -
_ -" Subject: RE: Dyer v. Napier .
. ._y‘ . Chris, I wiil be receiving accounting information this afternoon from my client and have a conference
E ; ‘ · scheduled with them tomorrow morning to discusslexplain that information. I will cali you tomorrow
. aftemoon regarding your client's settlement proposal. Regards, Laura · _ . _
E ’ s is — _ I I --——— O riginat Message ----- S V
. S From: Christopher D. Lonn {[email protected]]
. Sent: Wednesday, March 31, 2004 11:23‘AM I .
I . ‘ ` I To: Zeman, Laura ‘ ·
I · . Subject: RE: Dyer v. Napier y
S Laura, ,
. S ` _ · l I-lave you received the accounting and other docucments from your clients yet? Also, what is their
‘ ` - . response to the settlement proposal -from the Dyers? Please advise. Thanks.
l _ ‘ _ Chris Lonn -
S , - · ----- Original Message --——-
· _ From: Zeman, Laura [mailto:[email protected]]
‘ ‘ _ Sent: Thursday, .March 25, 2004 4:54 PM S
, ‘ _ _ To: Christopher D. Lonn "
, S ` ` S Subject: RE: Dyer v. Napier
H ` I S I _ Thanks Chris, I have spoken to the Napiers and they should have most all of the accounting
_ _, ` ` and receipts gathered by early next week. I will contact you then. I
‘ _ , ----- Originai Message --—-— n .
‘ I _ E I From: Christopher D. Lonn [mailto:[email protected]]
S _ ` Sent: Thursday, March 25, 2004 11:35 AM
‘ ‘ _To: Zernan, Laura
. E Subject: Dyer v. Napier ‘ ;
s ` . l Laura, l - _ l
n I ‘ _ P - ‘ I have spoken with my clients about the issues we discussed yesterday. My clients will l
. I settle this matter with your clients so long as they receive: _
I S . P S ; 1. Awritten apology;
__ S 03/31/Oqase 2:04—cv—00408-SMM Document 103-3 _ ‘ Filed 12/18/2006 Page 3 of 4

l (ff` ._ I I V l l
OWENS E6 PERKINS, P.C. 4
Alslzomeys at Law ` ,
C. D. Owens, Ir. IVIicl1el.le Perlzins
SOIIYEI. E. UHl1.€IWOO(I. Cl1IiSt0P]1EI D. 1401111 U
* p April 29, 2004 - I 2
· 1- Laura J. Zeman, Esq. I I
SNELL & WILMER, LLP _ ` - r
- . One Arizona Center 4 - I ‘
400 E. Van Buren _ ` 4 I
‘, · Phoenix, AZ 85004-2202 · g I
I - I Re: Kent Dyer, et. ux. v. Napier, et ux, et al I 4 ,
-y_ 4 4 4 - - [L.SZD.C1 Case N0. CV04-0408-PHXSMM
._ _ Dear Laura: I ' _
` I I Ten days have passed since our respective clients stipulated to the issuance of the
- Preliminary injunction in the above-referenced matter. In the interim, I have not heard E
- I nom you concerning the progress made by your clients in collecting all of the receipts E
- ` and other accounting information so that we may clearly identify the profit on the sale of - J
` each and every sculpture. Since there are 60 or less sale transactions, marshaling all of ,
‘ the receipts and other documents should not be that difficult. I
‘ - Please let me know as soon as Ipossible what the status is concerning the I/I
` _ accounting. I look forward to your prompt response. ·
` I _ , Very truly yours, 4
_ ·I I · · · · OWENS Gi PERKINS, P.C. p
y ··‘I k I
FII 1 XII ' , 4 I
By: ,4 Lg .
“ I _ m . - Christopher . orm, Esq. , 3
CDL:co I I 4 A
. cc: Kent and Susan Dyer _ I · .
I · , I I Law O{·lI:ice Plaza ‘ I
g 7322 East Thomas Road, Scottsdale, AZ 8525}.-Y2 16 _ ` _
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Case 2:04-cv-00408-SMM

Document 103-3

Filed 12/18/2006

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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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