American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 15

JOINT WITNESS LIST by American Freedom Defense Initiative, Pamela Geller, Beth Gibbons, John Hertel, Robert Spencer, Suburban Mobility Authority For Regional Transportation (SMART) (Yerushalmi, David)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN AMERICAN FREEDOM DEFENSE INITIATIVE; PAMELA GELLER; and ROBERT SPENCER, Plaintiffs, v. SUBURBAN MOBILITY AUTHORITY for REGIONAL TRANSPORTATION ("SMART"); GARY L. HENDRICKSON, individually and in his official capacity as Chief Executive of SMART; JOHN HERTEL, individually and in his official capacity as General Manager of SMART; and BETH GIBBONS, individually and in her official capacity as Marketing Program Manager of SMART, Defendants. THOMAS MORE LAW CENTER Robert J. Muise, Esq. (P62849) Richard Thompson, Esq. (P21410) 24 Frank Lloyd Wright Drive P.O. Box 393 Ann Arbor, MI 48106 [e-mail] [phone] Fax: [phone] Co-Counsel for Plaintiffs SMART Avery E. Gordon, Esq. (P41194) Anthony Chubb, Esq. (P72608) 535 Griswold Street, Suite 600 Detroit, MI 48226 [e-mail] [e-mail] [phone] Fax: [phone] Co-Counsel for Defendants SMART, Hertel and Gibbons

2:10-cv-12134-DPH-MJH JOINT WITNESS LIST FOR HEARING ON MOTION FOR PRELIMINARY INJUNCTION Hon. Denise Page Hood Magistrate Judge Hluchaniuk

LAW OFFICES OF DAVID YERUSHALMI, P.C. David Yerushalmi, Esq. (Ariz. Bar No. 009616; DC Bar No. 978179; Cal. Bar No. 132011; NY Bar No. 4632568) P.O. Box 6358 Chandler, AZ 85246 [e-mail] [phone] Fax: [phone] Co-Counsel for Plaintiffs ______________________________________________________________________________

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Pursuant to this Court's order of June 22, 2010, the parties, through undersigned counsel, have met and conferred to narrow the issues and exchange witness lists and exhibits to be presented at the hearing on the Motion for Preliminary Injunction, and submit the following joint witness lists, identification of exhibits, and stipulations: WITNESSES Plaintiffs intend to call at the hearing on this matter the following witnesses: 1. 2. Pamela Geller, Executive Director, American Freedom Defense Initiative Beth Gibbons, Marketing Program Manager, SMART Address: c/o Avery E. Gordon, Esq., 535 Griswold Street, Suite 600, Detroit, MI. 48226 Telephone: [phone]. John Hertel, General Manager, SMART Address: c/o Avery E. Gordon, Esq., 535 Griswold Street, Suite 600, Detroit, MI. 48226 Telephone: [phone] Plaintiffs reserve the right to call rebuttal witnesses, but specifically identify the following as known rebuttal witnesses: 4. Beth Dryden, Supervisor to Beth Gibbons, SMART Address: c/o Avery E. Gordon, Esq., 535 Griswold Street, Suite 600, Detroit, MI. 48226 Telephone: [phone]

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Robert B. Hawkins, Sales Manager, Displays Division, CBS Outdoor, Inc. Address: 88 Custer Avenue, Detroit, MI. 48202 Telephone: [phone]

Defendants do not intend to call at the hearing in this matter any witnesses but reserve the right to call rebuttal witnesses. EXHIBITS [1] The parties, through undersigned counsel, stipulate that the declarations previously submitted in support of and in opposition to the motion for preliminary injunction may be introduced as testimony for the respective declarants without evidentiary objections (and subject to rebuttal) except that Plaintiffs object to the declarations by Richard B. Hawkins (Hawkins Declaration at ¶¶ 6-7 (Doc No. 12-6)) opining (1) on the existence of an agreement between Plaintiff American Freedom Defense Initiative and CBS Outdoor, Inc. regarding advertising on SMART buses and (2) on the payment therefore as unqualified legal opinions and on the grounds that the documents representing that agreement and payment as attached to Pamela Geller's Declaration (Doc. No. 8-2) as Exhibits E (Doc. No. 8-7), F (Doc. No. 8-8), H (Doc. No. 8-10), I (Doc. No. 8-11), and J (Doc. No. 8-12) speak for themselves. [2] The parties, through undersigned counsel, stipulate that all of the exhibits attached to the Complaint and submitted as exhibits in support of or in opposition to the Motion for Preliminary Injunction shall be submitted as evidence without evidentiary objection in the hearing on the Motion for Preliminary Injunction. [3] The parties, through undersigned counsel, stipulate that Defendants may introduce two additional exhibits in rebuttal and have provided these exhibits to Plaintiffs. The parties

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further stipulate that Plaintiffs reserve their right to object to these exhibits on grounds supported by the Federal Rules of Evidence and the Federal Rules of Civil Procedure if submitted by Defendants. Respectfully submitted, THOMAS MORE LAW CENTER /s/ Robert J. Muise Robert J. Muise, Esq. LAW OFFICES OF DAVID YERUSHALMI, P.C. /s/ David Yerushalmi David Yerushalmi, Esq. Counsel for Plaintiff SMART /s/ Avery E. Gordon Avery E. Gordon, Esq. Co-Counsel for Defendants SMART, Hertel and Gibbons

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