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

Case 1:04-cv-01062-ZLW-BNB

Document 139

Filed 02/23/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk February 23, 2006 Darlene Martinez, Court Reporter Bernique Abiakam, Deputy Clerk Civil Action No. 04 -cv- 01062-ZLW-BNB THE QUIZNO' MASTER LLC and S THE QUIZNO' FRANCHISE COMPANY LLC, S Plaintiffs, v. R&B MANAGEMENT GROUP, LLC, an Alabama limited liability company, ROYCE GWIN, an individual, and REBECCA GWIN, an individual, Defendants. Eldon E. Silverman J.E. Sawyer Leonard H. MacPhee Fredric Cohen

COURTROOM MINUTES

Trial To Court - Day Three 9:47 a.m. Court in Session

Counsel and parties present. Preliminary discussion by the Court clarifying argument from yesterday. 9:52 a.m. 9:54 a.m. 9:55 a.m. 10:39 a.m. Comments by Mr. Silverman. Comments by Mr. Cohen. Adverse witness Royce Gwin resumes the stand for continued cross examination by Mr. Silverman. Defendants' exhibit AH offered, pp. 929 & 930. Continued cross examination by Mr. Silverman.

Case 1:04-cv-01062-ZLW-BNB

Document 139

Filed 02/23/2006

Page 2 of 3

04-cv-01062-ZLW-BNB Trial to Court day 3 February 23, 2006

10:41 a.m.

Defendants'exhibit AH, pp. 929 & 930, admitted over objection by Mr. Cohen. Continued cross examination by Mr. Silverman. Defendants'exhibit AH, pp 1012 & 1018 offered and admitted over objection. Continued cross examination by Mr. Silverman. Court in Recess. Court in Session.

10:50 a.m.

10:51 a.m. 11:35 a.m. 12:05 p.m.

Discussion regarding remaining trial schedule. Discussion regarding time allotted for redirect examination for Mr. Cohen. 12:08 p.m. 12:26 p.m. 2:19 p.m. Continued cross examination by Mr. Silverman. Court in Recess. Court in Session.

Mr. Cohen advised by the Court of actual time which will be allotted for redirect examination. 2:20 p.m. 3:11 p.m. 3:26 p.m. Redirect examination of adverse witness Mr. Royce Gwin by Mr. Cohen. Re-cross examination by Mr. Silverman. Witness excused.

Discussion regarding remaining examination time for witnesses. 3:36 p.m. 3:59 p.m. 4:00 p.m. 4:33 p.m. Court in Recess. Court in Session. Plaintiffs' witness Daniel John Demolli called and sworn. Direct examination begins by Mr. Cohen. Cross examination begins by Mr. Silverman.
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Case 1:04-cv-01062-ZLW-BNB

Document 139

Filed 02/23/2006

Page 3 of 3

04-cv-01062-ZLW-BNB Trial to Court day 3 February 23, 2006

5:01 p.m.

No redirect examination. Witness excused.

Discussion regarding remaining witness schedule and estimated time. Trial will resume tomorrow morning at 9:30 a.m. 5:16 p.m. Court in Recess. Trial continues 2/24/06. Total time in court: 4 hours 43 minutes.

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