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

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

Document 138

Filed 02/22/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk February 22, 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 Lee Freedman J. E. Sawyer, Jr. Leonard H. MacPhee Fredric Cohen

COURTROOM MINUTES

Trial To Court - Day Two 8:19 a.m. Court in Session

Court calls case. Counsel and parties present. 8:21 a.m 9:09 a.m. 9:51 a.m. 10:12 a.m. 10:13 a.m. Mr. Shaffer resumes the stand. Continued cross examination by Mr. Silverman. Redirect examination by Mr. Cohen. Re-cross examination by Mr. Silverman. Further direct examination by Mr. Cohen. Witness excused. Court in recess. Court in session.

10:40 a.m.

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

Document 138

Filed 02/22/2006

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04-cv-01062-ZLW-BNB Trial to Court day 2 February 22, 2006

10:43 a.m. 10:56 a.m.

Plaintiffs' witness, Patrick Eugene Meyers, called and sworn. Direct examination begins by Mr. Cohen. Discussion regarding Plaintiffs' exhibit 4, referring to legal fees. The Court advises counsel to discuss the issue during break and try to reach a stipulation. Continued direct examination by Mr. Cohen. Court questions witness. Continued direct examination by Mr. Cohen. Discussion regarding time allowed for direct examination. Continued direct examination by Mr. Cohen. Cross examination begins by Mr. Silverman. Redirect examination by Mr. Cohen. Witness excused.

11:04 a.m. 11:09 a.m. 11:10 a.m. 11:24 a.m. 11:28 a.m. 11:38 a.m. 11:59 a.m. 12:01 p.m.

Court advises counsel regarding strict time limitations. Discussion regarding copies of depositions. 12:10 p.m. 1:25 p.m. 1:27 p.m. 1:34 p.m. 1:40 p.m. Court in recess. Court in session. Adverse witness Royce Gwin called and sworn. Direct examination by Mr. Cohen. Copy of deposition of Royce Gwin given to witness. Continued direct examination by Mr. Cohen. Document handed to the witness marked as Plaintiffs'exhibit 52. Continued direct examination by Mr. Cohen. Court in Recess.
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3:01 p.m.

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

Document 138

Filed 02/22/2006

Page 3 of 3

04-cv-01062-ZLW-BNB Trial to Court day 2 February 22, 2006

3:25 p.m.

Court in Session.

Discussion regarding estimated time for cross examination. 3:29 p.m. 4:09 p.m. 4:37 p.m. 4:53 p.m. Cross examination begins by Mr. Silverman. Objection/discussion regarding commissions. Continued cross examination by Mr. Silverman. Discussion/argument regarding expert reports, damages and the suggestion that counsel file simultaneous briefs.

Mr. Silverman tenders documents to the Court regarding damages. Court will resume tomorrow morning at 9:30 a.m. 5:10 p.m. Court in Recess. Trial continues 2/23/06. Total time in court: 6 hours 44 minutes.

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