Free Motion to Strike - District Court of Arizona - Arizona

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Anders Rosenquist, Jr. #002724 Florence M. Bruemmer #019691 Rosenquist & Associates 80 E. Columbus Phoenix, Arizona 85012 Tel. 480-488-0102 Fax 480-488-2075 Attorneys for Plaintiff Meadowlark Lemon UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA MEADOWLARK LEMON, et al., Plaintiff, vs. HARLEM GLOBETROTTERS INTERNATIONAL, INC., et al.; Defendants. Plaintiff Meadowlark Lemon (hereinafter "Plaintiff"), through undersigned counsel, respectfully requests this Court strike Defendants' untimely Response to Plaintiff's Motion for Award of Attorney's Fees. Despite having approximately two and a half weeks to respond to Plaintiff's Motion for Award of Attorney's Fees, Defendants filed their Response after the deadline of April 2, 2007 and therefore it should be stricken. Plaintiff timely filed and served his Motion for Award of Attorney's Fees on March 16, 2007. Pursuant to L.R.Civ.P. 7.2(c), Defendants then had ten (10) days to file their Response. Since the proscribed time period was less than eleven (11) days, intermediate Saturdays, Sundays, and legal holidays were to be excluded when computing the due date. Fed.R.Civ.P. 6(a). Also, pursuant to Fed.R.Civ.P.6(e), when a copy of the Motion is provided to opposing counsel by
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Case Nos.: CV 04 0299 PHX DGC and CV-04-1023 PHX DGC MOTION TO STRIKE DEFENDANTS' UNTIMELY RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR AWARD OF ATTORNEY'S FEES

Case 2:04-cv-00299-DGC

Filed 04/05/2007

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electronic means "3 days are added after the prescribed period would otherwise expire under subdivision (a)." Since Plaintiff's Motion was electronically filed and transmitted to Defendants on Friday, March 16, 2007, ten days from then (excluding Saturdays and Sundays ­ no legal holidays fell within the time period) would be Friday, March 30, 2007. Once three days are added after the prescribed period would have otherwise expired on March 30, 2007, it is clear that the due date for Defendants' Response was Monday, April 2, 2007. However, Defendants failed to meet their due date and did not file their Response until April 3rd.1 WHEREFORE, Plaintiff respectfully requests that Defendants' untimely Response in Opposition to Plaintiff's Motion for Award of Attorney's Fees be stricken, and that Plaintiff be awarded his attorney's fees as set forth in his Motion.2 RESPECTFULLY SUBMITTED this 5th day of April 2007.

ROSENQUIST & ASSOCIATES By: /s/ Anders Rosenquist Anders Rosenquist, Jr. Florence M. Bruemmer ROSENQUIST & ASSOCIATES Attorneys for Plaintiff Meadowlark Lemon

1 It is ironic that Defendants made such an issue out of their allegation that Plaintiff's Bill of Costs

was late and should be stricken as a result (although Plaintiff clearly filed his Bill of Costs well before the Court's deadline of 3/16/2007), yet clearly failed to meet their own deadline to respond to Plaintiff's Motion for Award of Attorney's Fees.
2

Plaintiff will be filing a Reply to address the specific issues raised by Defendants in their Response should this Court deny the request to strike.
Case 2:04-cv-00299-DGC -2Document 638 Filed 04/05/2007 Page 2 of 4

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CERTIFICATE OF SERVICE Florence M. Bruemmer declares as follows: 1. I am and was at all times mentioned herein a citizen of the United States and a resident of Maricopa County, Arizona over the age of 18 years of age and not a party to the action or proceeding. I am an attorney with Rosenquist & Associates. , 2007, a true and correct copy of the foregoing 2. I hereby certify that on April 5th MOTION TO STRIKE DEFENDANTS' UNTIMELY RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR AWARD OF ATTORNEY'S FEES was delivered via firstclass mail to the following parties: Edward R. Garvey Christa Westerberg Garvey McNeil & McGillivray 634 West Mail Street Suite 101 Madison, WI 53703 Attorneys for Defendants Harlem Globetrotters Int'l, Inc. and Jackson Ira Sacks, Esq. Safia A. Anand, Esq. DREIR, LLP 499 Park Avenue New York, NY 10022 Attorneys for Defendant GTFM, LLC Joel L. Herz, Esq. Law Offices of Joel L. Herz 3573 East Sunrise Drive, Suite 215 Tuscon, Arizona 85718 Telephone: (520) 529-8080 Attorneys for Defendants FUBU the Collection, LLC GTFM of Orlando, LLC d/b/a FUBU Company Store Robert W. Goldwater, III, Esq. Jason Leonard The Goldwater Law Firm, P.C. 15333 North Pima Road, #225
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Case 2:04-cv-00299-DGC

Filed 04/05/2007

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Scottsdale, Arizona 85260 Ray K. Harris Fennemore Craig 2003 North Central Avenue Suite 2600 Phoenix, Arizona 85012-2913 Attorneys for Defendants Harlem Globetrotters Int'l, Inc., Harlem Globetrotters Int'l Foundation, and Jackson Karl M. Tilleman P. Bruce Converse Jason Sanders Steptoe & Johnson LLP Collier Center 201 East Washington Street Suite 1600 Phoenix, Arizona 85004-2382 Attorneys for Defendants Harlem Globetrotters Int'l, Inc., Harlem Globetrotters Int'l Foundation, and Jackson

3. I declare under the penalty of perjury under the laws of the United States that the foregoing is a true and correct. Executed this 5th day of April 2007 at Phoenix, Arizona.

/s/ Florence M. Bruemmer Florence M. Bruemmer

Case 2:04-cv-00299-DGC

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Filed 04/05/2007

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