Free Trial Preparation Conference - District Court of Colorado - Colorado

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

Document 130

Filed 01/18/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge Zita L. Weinshienk January 18, 2006 Paul Zuckerman, Court Reporter Bernique Abiakam, Deputy Clerk

Civil Action No. 04-cv-1062-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. ____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ 2:15 p.m. Court in Session Eldon E. Silverman Lee Freedman Leonard H. MacPhee Fredric Cohen

Court calls case. Appearances of counsel. Preliminary remarks by the Court. Discussion regarding 4-day bench trial to commence on Tuesday, February 21, 2006. Discussion regarding settlement conferences previously held. The Court questions counsel regarding settlement possibilities. Discussion regarding Plaintiffs' Motion in Limine to Exclude Evidence Regarding Other Unrelated Area Directors (Filed 1/4/06; Doc. No. 123).

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

Document 130

Filed 01/18/2006

Page 2 of 3

04-cv-01062-ZLW-BNB Trial Preparation Conference January 18, 2006

2:24 p.m.

Argument by Mr. MacPhee. Questions by the Court.

The Court informs Defendants' counsel that no testimony will be allowed by telephone. 2:31 p.m. 2:39 p.m. Further argument by Mr. MacPhee. Argument by Mr. Silverman. Questions by the Court. Rebuttal argument by Mr. MacPhee. Questions by the Court.

Discussion regarding pretrial order and issues raised in the motion for summary judgment. 2:47 p.m. Further argument by Mr. Silverman.

The Court informs counsel that no " mini trials"will be allowed in this case. 2:52 p.m. Further argument by Mr. MacPhee.

ORDERED: Plaintiffs'Motion to Strike the Expert Report and Exclude the Expert Testimony of Donald Boroian (Filed 1/4/06; Doc. No. 124) is WITHDRAWN. ORDERED: The Court defers ruling on Plaintiffs'Motion in Limine to Exclude Evidence Regarding Other Unrelated Area Directors (Filed 1/4/06; Doc. No. 123) until trial. Discussion regarding videotaped depositions. The Court informs counsel that 3 copies of witness and exhibit lists are to be ready the morning of the first day of trial. Opening statements are limited to 15 minutes per side. Witness lists should name each person and how long for examination. Exhibit lists should show stipulations and which exhibits can be admitted. ORDERED: Simultaneous trial briefs should be submitted 7-10 days prior to trial. Briefs are limited to 10 pages or less. Further trial discussion. Each side will be allowed at least 30 minutes for closing arguments.

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

Document 130

Filed 01/18/2006

Page 3 of 3

04-cv-01062-ZLW-BNB Trial Preparation Conference January 18, 2006

3:31 p.m.

Court in Recess

Hearing concluded. Total time in court: 1 hour, 16 minutes.