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


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Case 1:00-cv-01031-RPM-OES

Document 144

Filed 07/27/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: July, 27, 2005 J. Chris Smith Courtroom Deputy: Kathy Terasaki FTR Technician: ___________________________________________________________________________ Civil Action No. 00-cv-01031-RPM-OES RAFI M. KHAN, Plaintiff, v. NEW FRONTIER MEDIA MEDIA, INC., and MICHAEL WEINER, Richard Vermeire Norton Cutler Saied Kashani

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Trial to Court Day Three 8:58 a.m. 8:59 a.m. Court in session. Continued direct examination of Mr. Visciano by Mr. Kashani.

Reference to Plaintiff' Exhibits 27, 24, 6 and 34. s Plaintiff' Exhibits 30, 39, 48 and 51 identified, offered and receiv ed. s Plaintiff' Exhibits 25 and 8 identified. s Reference to Defendants' Exhibit N. 9:53 a.m. Cross examination of Mr. Visciano by Mr. Vermeire.

Reference to Defendants' Exhibit N. 10:03 a.m. Redirect examination of Mr. Visciano by Mr. Kashani.

Reference to Plaintiff' Exhibit 83. s 10:06 a.m. Defendants' witness, Hon. Dennis Graham, sworn.

Case 1:00-cv-01031-RPM-OES

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00-cv­01031-RPM-OES July 27, 2005 Direct examination of Judge Graham by Mr. Cutler. Reference to Plaintiff' Exhibit 34. s Reference to Defendants' Exhibits X, A and B. Defendants' Exhibits W, I and J identified. 10:28 a.m. 10:41 a.m. 10:42 a.m. Court in recess. Court in session. Continued direct examination of Judge Graham by Mr. Cutler.

Reference to Defendants' Exhibits B and A-3. Plaintiff' Exhibits 43, 52, 53 and 54 identified, offered and receiv ed. s Reference to Plaintiff' Exhibits 48 and 51. s Defendants' Exhibit A-1 identified. 11:11 a.m. Cross examination of Judge Graham by Mr. Kashani.

Reference to Defendants' Exhibit A. Reference to the deposition transcript of Richard Rappaport. Reference to Plaintiff' Exhibit 51. s 11:25 a.m. Redirect examination of Judge Graham by Mr. Cutler.

Defendants'Exhibits L and M identified, offered and receiv ed. 11:28 a.m. Plaintiff' witness, Russell Bean, sworn. s

Direct examination of Mr. Bean by Mr. Kashani. Plaintiff' Exhibit 77 identified, offered and receiv ed. s Reference to Plaintiff' Exhibits 4 and 26. s Plaintiff' Exhibits 8 and 28 identified. s 11:59 a.m. 1:30 p.m. 1:31 p.m. Court in recess. Court in session. Cross examination of Mr. Bean by Mr. Vermeire.

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Case 1:00-cv-01031-RPM-OES

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00-cv­01031-RPM-OES July 27, 2005 Reference to Defendants' Exhibits X, Z, A-3 and A-2. Defendants'Exhibits W, J and A-1 identified, offered and receiv ed. Defendants' Exhibits G identified. Reference to Plaintiff' Exhibit 10, 11, 12, 14, 15, 16, 17, 18 and 19. s 2:42 p.m. Redirect examination of Mr. Bean by Mr. Kashani.

Reference to the June 14, 2000 trial transcript testimony of Mr. Bean. Plaintiff' Exhibits 64 and 24 identified. s Reference to Defendants' Exhibits A-2 and B. Plaintiff' Exhibit 38 identified, offered and receiv ed. s 3:02 p.m. Recross examination of Mr. Bean by Mr. Vermeire.

Reference to the June 14, 2000 trial transcript testimony of Mr. Bean. The July 12, 2001 deposition transcript, pg. 41 ln. 5 through pg. 43 ln. 10 of Mark Kreloff is designated in plaintiff' case and entire transcript is designated in s defendants'case. Plaintiff rests subject to rebuttal. Defendants' oral Motion for Judgment as a Matter of Law pursuant to Rule 50 by Mr. Cutler. ORDERED: Defendants'Motion for Judgment as a Matter of Law pursuant to Rule 50 is denied. Court in recess. Court in session. Defendants' witness, Steven Hinkle, sworn.

3:08 p.m. 3:24 p.m. 3:25 p.m.

Direct examination of Mr. Hinkle by Mr. Cutler, Reference to Defendants' Exhibits A and B. Reference to Plaintiff' Exhibit 52, 53 and 54. s 3:35 p.m. Defendants' witness, Kelly McCarthy, sworn.

Direct examination of Ms. McCarthy by Mr. Cutler.

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Case 1:00-cv-01031-RPM-OES

Document 144

Filed 07/27/2005

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00-cv­01031-RPM-OES July 27, 2005 Reference to Defendants' Exhibits A and B and A-2. Reference to Plaintiff' Exhibit 81 and 38. s Defendants' Exhibit C identified. Defendants' Exhibit 36 and 37 identified. 3:45 p.m. Cross examination of Ms. McCarthy by Mr. Kashani.

Reference to the June 14, 2000 trial transcript testimony. Defendants rests. 3:54 p.m. Plaintiff, Mr. Kahn, recalled.

Further examination of Mr. Kahn by Mr. Kashani. Housekeeping matters: Defendants'Exhibits C, D, E, F, G, H, I, K and Y offered and receiv ed. Plaintiffs'Exhibit 8 offered and receiv ed. ORDERED: 4:01 p.m. 4:32 p.m. ORDERED: Ev idence closed. Plaintiff' closing argument by Mr. Kashani. s Defendants' closing argument by Mr. Vermeire. Matter stands submitted and is taken under-adv isement. A w ritten order w ith findings and conclusions shall enter. Court in recess. Two plaintiff' exhibits books, one defendants' s exhibit book, deposition transcripts of Richard Rappaport, Rafi Khan and trial transcripts of Khan v. EBI retained in clerk' office. s

4:40 p.m. Clerk' note: s

Trial concluded. Total time in court: 6.5 hrs.

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