And Deposition Exhibits; and Index to Notice of Reliance Documents
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BULKY DOCUMENTS (exceeds 300 pages) Proceeding/ Serial No: 9 1 162078 Filed: 03-27-2006 Title: Trial Brief; Notice of Filing; Depositions and Deposition Exhibits; and Index to Notice of Reliance Documents Part 8 of 10 INDEX 409 Page 92 515 of 1026 DOCUMENTS Copyright 2005 Knight Ridder/Tribune News Service Knight Ridder/Tribune News Service Copyright 2005 The Philadelphia Inquirer Philadelphia Inquirer May 6, 2005, Friday SECTION: DOMESTIC NEWS KR-ACC-N0: K7079 LENGTH: 798 words HEADLINE: Names in the news BYLINE: By Tirdad Derakhshani BODY: Beat writer Jack Kerouac has become the first writer to be inducted into the Baseball Hall of Fame. Well, technically, it was a bobble-head doll of the "On the Road" author that got the honor. The doll is a promotional giveaway by the Lowell Spinners, the minor—league team from Kerouac's hometown of Lowell, Mass. "The Hall of Fame's collections are rich and diverse, given baseball's history and role in helping to shape and define American culture," hall spokesman Jeffldelson said. "He's an American icon who had a deep passion for the game, which he shared in his writing." MONTEL SPEAKS UP Montel Williams has called on Congress to allow him and others suffering from various illnesses to legalize the medical use of pot. "This is really so simple it's ignorant," the talk-show host said at a Capitol Hill news conference. Williams was diagnosed with multiple sclerosis in 1999 and says legal dmgs don't help the pain. "l'm hurting right now. I'm hurting. Why? Because I knew I had to come to Washington, D.C., and I can't cany anything because I know I'd get busted." A bipartisan group of lawmakers said decisions about medical marijuana should be left to the states. But although 10 states have laws that allow the dmg's medical use, the Supreme Court has said this does not protect distributors from federal antidrug charges. - Rep. Barney Frank, D—Mass., was in the entertainers comer. "The notion that a state-sanctioned practice of medicine ought to be criminalized really makes no sense," he said. CLUCKING MAD John Bitove, chainnan and chiefexecutive oflicer of Kentucky Fried Chicken, has replied _ in a most punning, though not particularly cunning, way _ to Pamela Anderson's People for the Ethical Treatment ofAnimals-inspired call to boycott KFC products because of the company's allegedly cruel poultry—killing practices. Bitove invited Anderson to lunch, saying "the facts are “Stacked” against her. He added he wanted her to be "kept fully abreast" of KFC's ethical practices. You see, we're to find the first pun funny because it plays on Anderson's new TV sitcom, "Stacked" _ itselfa play on Anderson's bounteous bosom. The second pun has a more culinary flavor, we imagine. NIR 409 PC-01233 T41. Page 93 Philadelphia Inquirer May 6, 2005, Friday Anderson turned down the date: "Your attempt to spin your company's involvement in the crippling and drugging of millions of animals each year is a turnofi." FLASH STORK REPORT Jennifer Beals, 41, who shot to fame with 1983's "Flashdance," has taken her passion and made it happen: She's expecting her first child, People magazine says. The baby, due in November, was coauthored by her husband of seven years, Canadian businessman Ken Dixon, who has two kids from a previous marriage. This is a switcheroo for Beals and her TV persona on Showtime's "The L Word": She plays a lesbian whose partner (playedyby Laurel Holloman) is pregnant. BROWN'S HEADACHE Bobby Brown, 36, who was jailed for a day last year for failure to pay $63,500 in child support for his two kids with ex-wife Kim Ward, was back in court this week. A Massachusetts family court judge has given the singer until Friday to prove he has the means to establish educational tmsts for the kids. Although Brown has caught up on his support payments, he has failed to set up the trusts. Whimey Houston's husband said he has been so busy with his new reality show and a comeback CD that he didn't know the payments hadn't started. He must pay $160,000 over the next six months to set up the trusts.‘ PITT or DESPAIR More dread news from Africa, where PCP __ the Prettiest Couple on the Planet __ is continuing an alleged romantic tarriance as part of a reputed dalliance. People magazine reports that Brad Pitt and Angelina Jolie have circuitously lollygagged their way from Kenya to London and back to Morocco, where Pitt is shooting "Babel" with costar Cate Blanchett. Seems Jolie, 29, and Pitt, 41, embody the precept that discretion is the better part of valor, continuing to not display any public coquetry. People didn't bother mentioning whether the magazine solicited any denials or "no comments" from PCP's reps. CORPULENCE RUMORS What's worse: tabs accusing a celeb of being a heroin addict (romantic myths about suffering for art; stint in rehab; comeback movie/CD) or of being "tubby" (New York Post) and "pudgy" (New York Daily News)? That's the word on Spider—Man superhero Tobey Maguire, who has reportedly gained some pounds. The tabs say the "lardy leading man" (Post) was spotted in Vegas by always—trim Jessica Alba, who laughed about the "Seabiscuit" star's "huge" vastness. (This column contains infonnation from wire services.) Visit Philadelphia Online, the Inquirer's World Wide Web site, at http:l/www.philly.com/ JOURNAL—CODE: PH LOAD-DATE: May 6, 2005 PC-01234 INDEX 410 Page 94 516 of 1026 DOCUMENTS Copyright 2005 Knight Ridder/Tribune News Service - Knight Ridder/'1‘ribune News Service Copyright 2005 The Philadelphia Inquirer Philadelphia Inquirer May 6, 2005, Friday SECTION: SPORTS KR—ACC—NO: K7414 LENGTH: 969 words HEADLINE: Afleet Alex a lottery ticket day after day BYLINE: By Mike Jensen BODY: LOUISVILLE, Ky. _ In the beginning, there was everything to learn. For the owners of Afleet Alex, the pride of Delaware Park and a hopeful in Saturday's 131st Kentucky Derby, this horse—owning business has been an education. Since they were paying the bills, trainer Tim Ritchey willingly provided it. "Even just where to stand in the backstretch," said co—owner Bob Btittingham of the early days after they bought the horse. "He would tell us all where to stand in the paddock." Nothing was too elemental. How to tip the grooms. When to bring doughnuts to the barn. "He told us how to properly pet the horse, where the horse likes it, on the forehead between his eyes," said Brittingham, who grew up in Feasterville and lives in Collegeville. "Don't scratch him on the side, don't give him the opportunity to bite you." The five owners of Afieet Alex and their families, all from Philadelphia or nearby, know that they are like the rest of us, assuming we have made smart decisions in business and have always read the Daily Racing Fonn. Three of the owners had only gambled on horses, never owned one before. Sheiks and Kentucky bluebloods must just love this. These people's first horse could win the Kentucky Derby, and it cost them less than going in together on a Shore bungalow. The initial investment for the whole party of five: $100,000. Afieet Alex's purchase price: $75,000. His earnings to date: $1,245,000. Those earnings would approximately double if Afieet Alex, the moming—line 9-2 second choice, takes the winner's share of Saturday's $2,399,600 purse, and that's not factoring in his potential future at stud. "It's hitting the lottery, but you get to live it day afier day," co—owner Joe Lerro said in Febmary. "You're actually seeing it in motion." Managing partner Chuck Zacney, who lives in Phoenixville, put the Cash Is King Stable group together in April 2004 and said he knew from handicapping races at Delaware Park for years that he wanted Ritchey, a five—time earnings leader at that track. Zacney knew each of the owners, but nobody else knew one another. For Afleet Alex's first couple of races, they didn't even sit together. Now, they're a traveling party _ sleep optional. Ritchey once told them: "I think you have your a.m.s and p.m.s reversed." Lerro is the group's head cheerleader, the one pumping his fists and raising havoc in winner's circles, the guy who doesn't consider it a road trip if Vegas isn't a stop. Like Zacney, he grew up in Northeast Philadelphia, and now owns a beer distributorship there, plus a pizza place in North Wildwood, Joe Joe's Place, "catering to the late—night crowd." He definitely doesn't know am. from p.m. NIR 410 PC-01235 Page 95 Philadelphia Inquirer May 6, 2005, Friday "We come together and that's it," said Lerro's wife, Colleen, of their trips to the races from their home in Langhome. "We don't see each other after that. But I can't do anything; l can't take this from him. He's just having such a ball. The smile hasn't left his face, and home life is really amusing. Joe doesn't sleep. The kids call him the Vampire. He's up all through the night. He can't come down from this high. I've never seen anything like it. He's totally distracted. Nothing can get done or be focused on until all this is over with." Talking about being at the racetrack, Lerro said he tried the "prim and proper" route early on, but that suit didn't fit.