Free Bench Trial - Held - District Court of Colorado - Colorado

Case 1:01-cv-00568-LTB-PAC

Document 402

Filed 11/28/2005

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel Date: November 28, 2005

_____________________________________________________________________ Civil Case No. 01-cv-00568-LTB-PAC Counsel: CROSS COUNTRY LAND SERVICES, INC., Plaintiff, v. PB NETWORK SERVICES, INC., , PB TELECOMMUNICATIONS, INC., LEVEL 3 COMMUNICATIONS, L.L.C., KIEWIT NETWORK SERVICES, INC., KIEWIT CONSTRUCTION CO., Defendants. and PB NETWORK SERVICES, INC., LEVEL 3 COMMUNICATIONS, L.L.C., KIEWIT NETWORK SERVICES INC., Third-Party Plaintiffs, v. JAMES STEVENSON, WILLIAM STEVENSON, ED CROWSTON, and LARRY ORTH, Third-Party Defendants. Richard L. Harring Philip M. Quatrochi Gregory C. Smith Colin A. Walker Richard L. Harring Philip M. Quatrochi Gregory C. Smith Colin A Walker

1

Case 1:01-cv-00568-LTB-PAC

Document 402

Filed 11/28/2005

Page 2 of 4

_____________________________________________________________________ COURTROOM MINUTES ________________________________________________________________________ TRIAL TO COURT (upon counterclaims) - DAY THREE 08:30 a.m. Court in Session

Court's comments Plaintiff will rest this morning, but there are a few exhibits that Mr. Smith wants to make sure are admitted: 17, 18 and 55. Court's comments Discussion re exhibits EXHIBITS OFFERED, RECEIVED and/or stipulated: 55 08:32 Plaintiff Rests 08:33 Defendants' oral motion pursuant to Rule 52(c) for judgment to dismiss some of Cross Country's claims (by Mr. Quatrochi). 08:48 Response Argument (by Mr. Smith) Court's comments to Mr. Smith Mr. Smith has not responded specifically with regard to any other concealment or any other specified misrepresentations; and the Court inquires, is plaintiff standing on the concealment allegations in Paragraphs 31 and 32 and the misrepresentation allegation in Paragraph 45(d) of Cross Country's Third Amended Cross-Claims? Mr. Smith responds in the affirmative. ORDERED: Any other claims of concealment with specific misrepresentations are therefore CONSIDERED ABANDONED. 09:02 Response Argument continued (by Mr. Smith) 09:13 Reply Argument (by Mr. Quatrochi) Court's further comments This is not a motion for directed verdict; rather, it is a motion for judgment on partial 2

Case 1:01-cv-00568-LTB-PAC

Document 402

Filed 11/28/2005

Page 3 of 4

Trial to Court - Day Three 01-cv-00568-LTB-PAC

November 28, 2005

findings under Rule 52(c). Rule 52(c) provides the Court with wide discretion to enter such findings when a party has been fully heard on an issue. The Court will issue findings and conclusions at the conclusion of all of the evidence. ORDERED: The oral motion for judgment on partial findings under Rule 52(c) is DENIED. 1) DEFENDANTS' WITNESS ROBERT JANOWSKI 09:21 Direct (by Mr. Harring) Exhibits identified/referred: A 10:02 Court in Recess 10:18 Court in Session 1) DEFENDANTS' WITNESS ROBERT JANOWSKI 10:18 Direct continued (by Mr. Harring) Exhibits identified/referred: A, L, 29, 30, 30.1, V, 30.2, A37, A15 11:43 Cross (by Mr. Smith) 11:55 Court in Recess 01:30 Court in Session 01:30 Cross continued Mr. Janowski's deposition opened and used for impeachment. Exhibits identified/referred: 31, 5, 26, S, 29, 17, 23, 33, 30.2 02:55 Court in Recess 03:15 Court in Session 1) DEFENDANTS' WITNESS ROBERT JANOWSKI 03:15 Cross continued (by Mr. Smith) Exhibits identified/referred: W, 23, 57, V, 71, A17 04:19 Redirect (by Mr. Harring) Exhibits identified/referred: 38, L,23 3

Case 1:01-cv-00568-LTB-PAC

Document 402

Filed 11/28/2005

Page 4 of 4

Trial to Court - Day Three 01-cv-00568-LTB-PAC

November 28, 2005

04:44 Court 04:47 Recross (by Mr. Smith) 04:52 p.m. Court in Recess until 8:30 tomorrow Trial continued Time: six hours and eleven minutes

4