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

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

Document 140

Filed 07/25/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: July, 25, 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 One 8:45 a.m. Court in session.

Court' preliminary remarks. s Discussion between Court and counsel regarding the Pretrial Order and plaintiff' claims of s tortuous interference with contract and breach of contract. Court states plaintiff is alleging the tortuous interference caused the breach of contract. Mr. Kashani states Court is correct. 8:48 a.m. 9:04 a.m. 9:37 a.m. Plaintiff' opening statements by Mr. Kashani. s Defendants' opening statements by Mr. Vermeire. Plaintiff' witness, Michael Wiener, sworn. s

Direct examination of Mr. Wiener by Mr. Kashani.

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

Document 140

Filed 07/25/2005

Page 2 of 3

00-cv-01031-RPM-OES July 25, 2005 Reference to Plaintiff' Exhibit 66. s Plaintiff' Exhibits 4, 3, 9 and 5 identified, offered and receiv ed. s 10:11 a.m. 10:25 a.m. 10:26 a.m. Court in recess. Court in session. Continued direct examination of Mr. Wiener by Mr. Kashani.

Reference to Plaintiff' Exhibit 5. s Defendants' Exhibit C identified. Plaintiff' Exhibits 24, 26, 27, 34, 81, 84, 73, 74, 85, 91, 90 and 89 identified, offered and s receiv ed. Defendants'Exhibit N identified, offered and receiv ed. Plaintiff' Exhibit 93, offered and date of 7-27-99 receiv ed only. s Plaintiff' Exhibit 94 offered (single paragraph). s Counsel agree to go beyond the scope of examinations for parties' common/same witnesses. 11:55 a.m. 1:30 p.m. 1:31 p.m. Court in recess. Court in session. Cross examination of Mr. Weiner by Mr. Vermeire.

Reference to Plaintiff' Exhibit 81. s Reference to Defendants' Exhibits A and N. Plaintiff' Exhibit 59 identified. s 2:16 p.m. Redirect examination of Mr. Weiner.

Judicial notice of the j udgments entered in Arapahoe County Court case is taken. Reference to Plaintiff' Exhibits 81 and 4. s 2:27 p.m. Recross examination of Mr. Weiner by Mr. Vermeire.

Plaintiff' Exhibit A-8 identified, offered and withdrawn. s 2:31 p.m. Plaintiff, Rafi Khan, sworn.

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

Document 140

Filed 07/25/2005

Page 3 of 3

00-cv-01031-RPM-OES July 25, 2005 Direct examination of Mr. Khan by Mr. Kashani. Plaintiff' Exhibits 6 and 78 identified, offered and receiv ed. s 3:14 p.m. 3:29 p.m. Court in recess. Court in session.

Continued direct examination of Mr. Khan by Mr. Kashani. Reference to Plaintiff' Exhibits 78 and 24. s Plaintiff' Exhibit 93, 60 and 79 identified, offered and receiv ed. s 3:37 p.m. Cross examination of Mr. Khan by Mr. Vermeire.

Defendants'Exhibits S, B, X and P identified, offered and receiv ed. Court states plaintiff' objection with respect to his pending motion in limine continues. s Reference to Defendants' Exhibit A. Defendants' Exhibit A-4 identified and offered - Exhibit to be re-offered through Mr. Rappaport. Reference to the deposition transcript of Mr. Kahn dated June 13, 2001. Discussion regarding scheduling. Counsel request witnesses be sequestered. ORDERED: 5:00 p.m. Witnesses sequestered. Court in recess.

Trial continued to July 26, 2005 at 9:00 a.m. Total time in court: 6.5 hrs.

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