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

Case 1:01-cv-00413-JLK-BNB

Document 247

Filed 09/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane Date: September 25, 2007 Reporter: Therese Lindblom Deputy Clerk: LaDonne Bush

Civil Action No. 01-cv-00413-JLK-BNB M.D. MARK, INC., Plaintiff, v. KERR-MCGEE CORPORATION, and ORYX ENERGY COMPANY, Defendants. Gregory E. Goldberg Scott S. Barker Antonio Gallegos Harlan P. Pelz Daniele W. Bonifazi

COURTROOM MINUTES

Trial to Jury - Day Seven 9:06 a.m. Court in session.

Jury not present. Discussion regarding jury instructions. 9:19 a.m. Defendants' witness, Robert Lowe, sworn.

Direct examination of Mr. Lowe by Mr. Barker. Court accepts the tender of Mr. Lowe as an expert. 9:56 a.m. 10:32 a.m. 10:54 a.m. Cross examination of Mr. Lowe by Mr. Pelz. Court in recess. Court in session.

Continued cross examination of Mr. Lowe by Mr. Pelz. 11:04 a.m. Redirect examination of Mr. Lowe by Mr. Barker.

Case 1:01-cv-00413-JLK-BNB

Document 247

Filed 09/25/2007

Page 2 of 3

11:21 a.m.

Defendants' witness, Mark Kramer, sworn.

Direct examination of Mr. Kramer by Mr. Barker. Court accepts the tender of Mr. Kramer as an expert. 11:53 p .m. Court in recess. 1:23 p.m. Court in session. Continued direct examination of Mr. Kramer by Mr. Barker. 2:03 p.m. Cross examination of Mr. Kramer by Mr. Pelz.

Redirect examination of Mr. Kramer by Mr. Barker. 2:24 p.m. 2:27 p.m. 2:44 p.m. Plaintiff rests. Court in recess. Court in session.

Jury not present. Discussion regarding rebuttal. 2:48 p.m. Jury present.

Plaintiff's rebuttal witness Ms. Davies. Exhibit received: 207 2:53 p.m. Cross examination of Ms. Davies by Mr. Barker.

Court answers question from the jury. 3:00 p.m. Jury excused until 9:00 a.m. tomorrow.

Argument regarding jury instructions. ORDERED: Renewed Rule 50 motion is denied. Further argument by counsel. Counsel shall be present at 8:30 a.m. tomorrow. 3:32 p.m. Court in recess. 2

Case 1:01-cv-00413-JLK-BNB

Document 247

Filed 09/25/2007

Page 3 of 3

Trial continued. Time - 04:17

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