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

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

Document 141

Filed 07/26/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: July, 26, 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 Tw o 9:00 a.m. Court in session.

Mr. Kahn explains his term " Road Shows"(presentation to investor regarding public offering) to the Court. 9:03 a.m. Continued cross examination of Mr. Khan by Mr. Vermeire.

Defendants'Exhibits T, R, U, V, A-6 and A-7 identified, offered and receiv ed. Reference to the deposition transcript of Mr. Kahn dated June 13, 2001. Plaintiff' Exhibit 59 identified and referenced. s Reference to Defendants' Exhibit B. 9:55 a.m. Redirect examination of Mr. Kahn by Mr. Kashani.

Plaintiff' Exhibit 75 receiv ed. s Plaintiff' Exhibits 96 and 59 identified, offered and receiv ed. s Reference to the deposition transcript of Mr. Kahn dated June 13, 2001.

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

Document 141

Filed 07/26/2005

Page 2 of 3

00-cv-01031-RPM-OES July 26, 2005 10:15 a.m. 10:17 a.m. 10:32 a.m. 10:34 a.m. Recross examination of Mr. Kahn by Mr. Vermeire. Court in recess. Court in session. Plaintiff' witness, Richard Rappaport, sworn. s

Direct examination of Mr. Rappaport by Mr. Kashani. Reference to Plaintiff' Exhibits 75, 4, 5, 9, 26 and 27. s Plaintiff' Exhibits 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 2 and 82 identified, offered s and receiv ed. Defendants' Exhibit C identified. 12:05 p.m. 1:30 p.m. 1:31 p.m. Court in recess. Court in session. Continued direct examination of Mr. Rappaport by Mr. Kashani.

Plaintiff' Exhibits 97 and 98 identified and offered. s 1:38 p.m. Mr. Vermeire voir dires Mr. Rappaport regarding Plaintiff' Exhibits 97 and 98. s

Plaintiff' Exhibits 97 and 98 receiv ed. s 1:42 p.m. Continued direct examination of Mr. Rappaport by Mr. Kashani.

Reference to Plaintiff' Exhibits 97, 98, 74, 86, 90 and 91. s Plaintiff' Exhibits 29 and 35 identified, offered and receiv ed. s 2:01 p.m. Cross examination of Mr. Rappaport by Mr. Vermeire.

Plaintiff' Exhibit 55 identified. s Defendants'Exhibits A-4 and Z identified, offered and receiv ed. Reference to Defendants' Exhibits A and B. Reference to the deposition transcript of Mr. Rappaport dated August 24, 2001. Plaintiff' Exhibit 13 identified, offered and receiv ed. s Reference to Plaintiff' Exhibits 97 and 98. s

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

Document 141

Filed 07/26/2005

Page 3 of 3

00-cv-01031-RPM-OES July 26, 2005 3:10 p.m. Redirect examination of Mr. Rappaport by Mr. Kashani.

Reference to Defendants' Exhibit Z. Plaintiff' Exhibit 62 identified, offered and receiv ed. s 3:12 p.m. 3:25 p.m. 3:26 p.m. Court in recess. Court in session. Defendants' witness, Anthony Petrelli, sworn.

Direct examination of Mr. Petrelli by Mr. Cutler. Discussion and argument between Court and counsel regarding Defendants raising the defense of illegality and whether the defense was raised in the defendants' answer and/or the Pretrial Order. Defendants'Exhibits A-5, A-3 (NASD Rules), A-10 and A-9 identified, offered and receiv ed. Reference to Defendants' Exhibits A, B, X and D same as P. 24, Plaintiff' Exhibits 69, 70, 71 and 71 receiv ed (NASD Rules). s Reference to Plaintiff' Exhibits 97, 98, 62 and 60. s 4:11 p.m. Cross examination of Mr. Petrelli by Mr. Kashani.

Reference to Defendants' Exhibits A-3, A-9 and A-10. Reference to Plaintiff' Exhibit 91. s 4:33 p.m. Redirect examination of Mr. Petrelli by Mr. Cutler.

Reference to Defendants' Exhibits A-9 and A. 4:37 p.m. Plaintiff' witness, Frank Visciano, sworn. s

Direct examination of Mr. Visciano by Mr. Kashani. Judicial notice taken w ith respect to Plaintiff' Exhibits 87 and 88. s Plaintiff' Exhibit 45 identified. s Reference to Plaintiff' Exhibit 26. s 5:00 p.m. Court in recess.

Trial continued to July 27, 2005 at 9:00 a.m. Total time in court: 6.5 hrs.

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