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

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

Document 399

Filed 11/21/2005

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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 21, 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

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

Document 399

Filed 11/21/2005

Page 2 of 4

_____________________________________________________________________ COURTROOM MINUTES ________________________________________________________________________ TRIAL TO COURT (upon counterclaims) - DAY ONE 08:17 a.m. Appearances Court's comments Defendants filed on November 14, 2005 a brief regarding evidentiary issues, which address Plaintiff Cross Country's fraud claims. Plaintiff's response was filed on November 15, 2005. The Court takes supplemental argument on these issues. (No supplemental argument by plaintiff) 08:25 Supplemental Argument (by Mr. Quatrochi) Court's findings/ruling entered on the record - evidence with respect to those matters set forth in Paragraphs 79 (a) through (e) of Cross Country's proposed findings and conclusions is not relevant to the third and fourth claims. 09:02 Opening Statement (by Mr. Walker) 10:13 Court in Recess 10:20 Court in Session 1)PLAINTIFF'S WITNESS JAMES H. STEVENSON 10:20 Direct (by Mr. Smith) EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: 3, 4, 1 11:30 Court 11:32 Direct 11:58 Court in Recess 01:30 Court in Session 1)PLAINTIFF'S WITNESS JAMES H. STEVENSON 2 Court in Session

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

Document 399

Filed 11/21/2005

Page 3 of 4

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

November 21, 2005

01:30 Direct continued (by Mr. Smith) EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: 6 Exhibits identified/referred: 57, J7, 8, J9, J5, 24, 14, 13, 15, 17, 28 Plaintiff offers Exhibit No. 16 03:13 Voir dire (by Mr. Harring) EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: 16 03:13 Court in Recess 03:28 Court in Session 1)PLAINTIFF'S WITNESS JAMES H. STEVENSON 03:28 Direct continued (by Mr. Smith) Exhibits identified/referred: 18 EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: 58 Plaintiff offers Exhibit No. 58.1 03:42 Voir dire (by Mr. Harring) EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: 58.1 Plaintiff offers Exhibit No. 65 04:00 Voir dire (by Mr. Harring) EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: 65, 38 04:56 Court 04:58 Direct 3

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

Document 399

Filed 11/21/2005

Page 4 of 4

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

November 21, 2005

Exhibits identified/referred: 31, 5, 29, 30.2 05:26 p.m. Court in Recess Hearing continued Time: seven hours and fifteen minutes

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