City of Seattle v. Professional Basketball Club LLC

Filing 94

DECLARATION of Michelle Jensen filed by Plaintiff City of Seattle re 62 SEALED MOTION re 17 Protective Order, Terminate Motions ; SEALED MOTION re 17 Protective Order, Terminate Motions ;, 66 SEALED MOTION re 17 Protective Order, Terminate Motions ;, 60 MOTIONS IN LIMINE to Exclude Statements of Individual Seattle City Council Members, to the Extent Offered as Admissions Purporting to Bind the City, 67 MOTIONS IN LIMINE REDACTED - to Exclude Evidence Related to Local Investors, 64 SEALED MOTION re 17 Protective Order, Terminate Motions ; SEALED MOTION re 17 Protective Order, Terminate Motions ;, 61 MOTIONS IN LIMINE to Exclude Evidence Related to Survey Results, 63 MOTIONS IN LIMINE REDACTED - to Exclude Evidence of Defendant's Efforts to Obtain a "Successor Venue" to KeyArena, 65 MOTIONS IN LIMINE REDACTED to Exclude Evidence of Alleged 'Dysfunction' in the Relationship Between the City and PBC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Lawrence, Paul)

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City of Seattle v. Professional Basketball Club LLC Doc. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. PROFESSIONAL BASKETBALL CLUB, LLC, an Oklahoma limited liability company, Defendant. The Honorable Marsha J. Pechman UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CITY OF SEATTLE, a first-class charter city, Plaintiff, No. C07-1620 MJP DECLARATION OF MICHELLE JENSEN IN SUPPORT OF THE CITY OF SEATTLE'S REPLIES TO MOTIONS IN LIMINE Note on Motion Calendar: June 6, 2008 I, Michelle Jensen, declare under penalty of perjury under the laws of the State of Washington that the following is true and correct. I am over the age of 18, have personal knowledge of the matters stated below, and, if called to testify, could and would so testify. 1. I am an attorney at Kirkpatrick & Lockhart Preston Gates Ellis, LLP, and am licensed to practice law in the State of Washington. I represent the City of Seattle ("City") in the above-captioned matter. 2. Attached hereto as Exhibit A is a true and correct copy of the Professional Basketball Club, LLC's ("PBC's") Demand for Arbitration, filed September 19, 2007. 3. Attached hereto as Exhibit B is a true and correct copy of a memorandum from Clayton Bennett to PBC investors, dated September 12, 2006, which PBC produced to DECLARATION OF MICHELLE JENSEN IN SUPPORT OF THE CITY OF SEATTLE'S REPLIES TO MOTIONS IN LIMINE - 1 Case No. C07-01620-MJP K:\2065932\00001\20880_MDJ\20880P20Q2 KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the City during discovery in this case. 4. Attached hereto as Exhibit C is a true and correct copy of an Executive Summary prepared by Moag & Company on behalf of the National Basketball Association prior to PBC's acquisition of the Sonics. 5. Attached hereto as Exhibit D is a true and correct copy of an email thread dated April 17, 2007, involving Brent Gooden, Clayton Bennett and Jim Kneeland. 6. Attached as Exhibit E is a true and correct excerpt from a true and correct transcription of the parties' Pretrial Conference with the Court on January 29, 2008. 7. Clayton Bennett of PBC was deposed on April 23, 2008. Attached as Exhibit F are true and correct excerpts from a true and correct transcription of Mr. Bennett's April 2008 deposition ("Bennett Dep."). 8. Attached as Exhibit G is a true and correct copy of a page of Clayton Bennett's itinerary for April 24-26, 2007. 9. Daniel Barth, interim President and CEO of PBC, was deposed on April 25, 2008. Attached as Exhibit H are true and correct excerpts of a true and correct transcription of Mr. Barth's April 2008 deposition ("Barth Dep."). 10. Attached as Exhibit I is a true and correct copy of PBC's YTD Detail by AP Name FYE 09.30.07, which PBC produced to the City during discovery in this case. 11. Joel Litvin, President of League and Basketball Operations for the NBA, was deposed on April 30, 2008. Attached as Exhibit J are true and correct excerpts from a true and correct transcription of Mr. Litvin's April 2008 deposition ("Litvin Dep."). 12. Wally Walker was deposed on May 9, 2008. Attached as Exhibit K are true and correct excerpts of Mr. Walker's May 2008 deposition ("Walker Dep."). 13. Tim Ceis, Deputy Mayor for the City of Seattle, was deposed on April 28, 2008. Attached as Exhibit L are true and correct excerpts from a true and correct transcription of Mr. Ceis' April 2008 deposition ("Ceis Dep."). DECLARATION OF MICHELLE JENSEN IN SUPPORT OF THE CITY OF SEATTLE'S REPLIES TO MOTIONS IN LIMINE - 2 Case No. C07-01620-MJP K:\2065932\00001\20880_MDJ\20880P20Q2 KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 14. Attached as Exhibit M is a true and correct copy of an excerpt of a document produced by the NBA, Bates-labeled NBA 03790-94. I declare under penalty of perjury that the foregoing is true and correct: EXECUTED this 27th day of June, 2008 at Seattle, Washington. /S/ Michelle Jensen _____________ Michelle Jensen DECLARATION OF MICHELLE JENSEN IN SUPPORT OF THE CITY OF SEATTLE'S REPLIES TO MOTIONS IN LIMINE - 3 Case No. C07-01620-MJP K:\2065932\00001\20880_MDJ\20880P20Q2 KIRKPATRICK & LOCKHART PRESTON GATES ELLIS LLP 925 FOURTH AVENUE SUITE 2900 SEATTLE, WASHINGTON 98104-1158 TELEPHONE: (206) 623-7580 FACSIMILE: (206) 623-7022