Free Jury Trial - Held - District Court of Colorado - Colorado

Case 1:03-cv-02639-WYD-MEH

Document 120

Filed 01/26/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL ___________________________________________________________________________ Courtroom Deputy: Robert R. Keech Date: January 26, 2006 E.C.R./Reporter: Kara Spitler ___________________________________________________________________________ Civil Action No: 03-cv-02639-WYD-OES DAVID R. PRICE, Plaintiff, v. WILSON SPORTING GOODS COMPANY, et al., Richard A. Waltz Counsel: Bennett S. Aisenberg H. Paul Himes, Jr.

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ TRIAL TO JURY (DAY 4) 8:35 a.m. Court in Session - Jury not present Court' remarks regarding the objection by Defendant. s 8:38 a.m. Further discussion and argument regarding objection by Defendant SUSTAINED. Discussion regarding exhibits to be used during the Plaintiff' testimony. s Counsel shall meet and Court in Recess

8:53 a.m. ORDERED: 8:53 a.m.

Case 1:03-cv-02639-WYD-MEH

Document 120

Filed 01/26/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 2 9:08 a.m. Court in Session - Jury enters Plaintiff' witness David Ray Price resumes. s Re-Direct examination by Plaintiff continues (Mr. Aisenberg). Exhibit/s D RECEIVED. 9:11 a.m. 9:19 a.m. Re-Cross examination by Defendant (Mr. Waltz). Plaintiff' witness Julie Ann Stapleton (sworn). s Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 31 Exhibit/s 31 RECEIVED. Witness tendered and accepted as an expert. 10:00 a.m. Cross examination by Defendant (Mr. Waltz). EX ID: deposition of Julie Stapleton (4/27/05) for purposes of impeachment Court in Recess Court in Session - Jury enters Plaintiff' witness David Ray Price resumes. s Cross examination by Defendant continues (Mr. Waltz). 10:59 a.m. 11:02 a.m. Re-Direct examination by Plaintiff (Mr. Aisenberg). Re-Cross examination by Plaintiff (Mr. Waltz).

10:34 a.m. 10:56 a.m.

Case 1:03-cv-02639-WYD-MEH

Document 120

Filed 01/26/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 3 11:04 a.m. Plaintiff' witness Edvin Manniko (sworn). s Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 11 Exhibit/s 11 RECEIVED. Witness tendered and accepted as an expert. 11:19 a.m. 11:30 a.m. 11:31 a.m. Cross examination by Defendant (Mr. Waltz). Re-Direct examination by Plaintiff (Mr. Aisenberg). Plaintiff' witness Kelly J. Murphey (sworn). s Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 33 11:37 a.m. Voir dire by Defendant (Mr. Waltz). EX ID: 33 Direct examination by Plaintiff continues (Mr. Aisenberg). EX ID: 33

11:38 a.m.

Exhibit/s 33 RECEIVED. 11:45 a.m. Cross examination by Defendant (Mr. Waltz). EX ID: 33 Discussion regarding schedule of witnesses. Jury excused Further discussion regarding scheduling issues. 11:58 a.m. 1:42 p.m. Court in Recess Court in Session - Jury not present Court' remarks to counsel regarding the fact that the case must be to the jury s by tomorrow.

11:55 a.m. 11:58 a.m.

Case 1:03-cv-02639-WYD-MEH

Document 120

Filed 01/26/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 4 1:45 p.m. Jury enters Plaintiff' witness James M. Gracey (sworn). s Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 34, 35 Exhibit/s 34 RECEIVED. Exhibit/s 35 (35-1 and 35-8) REFUSED. 2:19 p.m. Jury excused Discussion regarding objection by Defendant - OVERRULED. 2:30 p.m. Jury enters Direct examination by Plaintiff continues (Mr. Aisenberg). Witness tendered and accepted as an expert. 2:45 p.m. Cross examination by Defendant (Mr. Waltz). EX ID: deposition of James M. Gracey (5/11/05) for purposes of impeachment Re-Direct examination by Plaintiff (Mr. Aisenberg). Court in Recess Court in Session - Jury enters Plaintiff' witness Nancy Powers (sworn). s Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 29 Exhibit/s 29 RECEIVED. Witness tendered and accepted as an expert. 3:45 p.m. Bench conference regarding objection by Defendant - SUSTAINED.

3:06 p.m. 3:09 pm 3:25 p.m.

Case 1:03-cv-02639-WYD-MEH

Document 120

Filed 01/26/2006

Page 5 of 5

Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 5 3:47 p.m. 4:01 p.m. 4:20 p.m. Direct examination by Plaintiff continues (Mr. Aisenberg). Court in Recess Court in Session Plaintiff' witness Nancy Powers resumes. s Cross examination by Defendant (Mr. Waltz). EX ID: deposition of Nancy Powers (4/18/05) for purposes of impeachment 5:11 p.m. Re-Direct examination by Plaintiff (Mr. Aisenberg). Court' remarks regarding schedule for tomorrow. s 5:12 p.m. Jury excused Discussion regarding schedule of witnesses. 5:13 p.m. Court in Recess - TRIAL CONTINUED

TOTAL TIME: 5:42