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

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

Document 137

Filed 02/21/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk February 21, 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 One 10:52 a.m. Court in Session

Court calls case. Appearances of counsel. Preliminary discussion regarding witnesses and exhibits. The Court questions counsel regarding clarification of issue in trial brief. ORDERED: Witnesses are sequestered. Counsel are responsible for instructing their witnesses as specified. Discussion regarding exhibits. Plaintiffs'exhibits 1-9 admitted. Discussion regarding Plaintiffs' exhibit 10 (listed as authentic).

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

Document 137

Filed 02/21/2006

Page 2 of 3

04-cv-01062-ZLW-BNB Trial to Court day 1 February 21, 2006

Discussion regarding authentic exhibits 10, 14, 17. Plaintiffs'exhibits 10 - 18 admitted. Plaintiffs'exhibits 19 - 22 admitted. Plaintiffs'exhibits 23 - 27 not admitted, but are accepted as authentic. Plaintiffs'exhibits 28 and 29 are accepted as authentic. Plaintiffs'exhibits 30 - 37 are admitted. Plaintiffs'exhibit 40 is admitted. Plaintiffs'exhibits 43 and 44admitted (attachments only). Plaintiffs'exhibits 45 and 48 are admitted. Plaintiffs'exhibits 46 and 47 are accepted as authentic. Defendants' exhibits B, E, F, G, H, I, J, K, L, M, N, O, P, AK, AQ, & AR are admitted. 11:44 a.m. 12:13 p.m. Opening statement by Mr. Cohen. Opening statement by Mr. Silverman.

Discussion regarding Defendants'demonstrative exhibit marked " BV" not admitted. 12:27 p.m. 12:37 p.m. 1:40 p.m. 1:42 p.m. 2:49 p.m. Opening statement continued by Mr. Silverman. Court in recess. Court in session. Plaintiffs' witness Steven Byron Shaffer called and sworn. Direct examination begins by Mr. Cohen. Objection by Mr. Silverman regarding " status"report and " document"not yet admitted. Argument and explanation by counsel.

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

Document 137

Filed 02/21/2006

Page 3 of 3

04-cv-01062-ZLW-BNB Trial to Court day 1 February 21, 2006

3:05 p.m. 3:06 p.m. 3:08 p.m. 3:20 p.m. 3:24 p.m. 3:27 p.m. 3:50 p.m. 3:53 p.m. 4:30 p.m. 4:33 p.m. 4:49 p.m. 4:52 p.m.

Continued direct examination by Mr. Cohen. Objection. Overruled. Continued direct examination by Mr. Cohen. Argument/objections by counsel regarding questioning. Continued direct examination by Mr. Cohen. Court in recess. Court in session Cross examination begins by Mr. Silverman. Objection. Overruled. Continued cross examination by Mr. Silverman. Deposition of Mr. Steve Shaffer opened in court. Continued cross examination by Mr. Silverman. Objection/argument regarding Defendants'demonstrative exhibit marked as " BU" . Continued cross examination by Mr. Silverman.

4:55 p.m.

Discussion regarding starting time for tomorrow morning. Court will resume tomorrow morning at 8:00 a.m. 5:03 p.m. Court in recess. Trial continues 2/22/06. Total time in court: 5 hours 2 minutes.

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