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

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

Document 244

Filed 09/21/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane Date: September 21, 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 Five 9:24 a.m. Jury present. 9:24 a.m. Plaintiff's witness, Darrin Helm, sworn. Court in session.

Direct examination of Mr. Helm by Mr. Pelz. Exhibit received: 187 Cross examination of Mr. Helm by Mr. Goldberg. 10:10 a.m. 10:14 a.m. 10:35 a.m. Redirect examination of Mr. Helm by Mr. Pelz. Court in recess. Court in session.

Jury not present. Discussion regarding the note from the jury and discovery issue.

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

Document 244

Filed 09/21/2007

Page 2 of 2

10:40 a.m. 10:41 a.m.

July present. Mr. Helm recalled to answer the questions from the jury. Continued direct examination of Ms. Davies by Mr. Pelz.

Exhibits received: 77, 64-68, 167 (last two pages only), 177 12:02 p.m. 1:26 p.m. 10:41 a.m. Court in recess. Court in session. Continued direct examination of Ms. Davies by Mr. Pelz.

Exhibit received: 206 2:05 p.m. 2:59 p.m. 3:06 p.m. Cross examination of Ms. Davies by Mr. Barker. Redirect examination of Ms. Davies by Mr. Pelz. Plaintiff rests.

Jury excused until Monday, September 24, 2007, at 9:00 a.m. 3:09 p.m. 3:31 p.m. Court in recess. Court in session.

Exhibits received: all the stipulated exhibits Argument by Mr. Barker in support of defendants' oral Rule 50 motion. 3:51 p.m. Argument by Mr. Bonifazi.

Rebuttal argument by Mr. Barker. ORDERED: Defendants' oral Rule 50 motion is granted as to the punitive damages claim, and denied as to the breach of contract and misappropriations claims. Court's comments regarding settlement. 4:22 p.m. Court in recess.

Trial continued. Time - 04:51

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