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

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

Document 119

Filed 01/25/2006

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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 25, 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 3) 9:15 a.m. Court in Session - Jury not present Court' remarks regarding legal authority which were provided by Plaintiff. s ORDERED: 9:19 a.m. Defendant shall provide the Court with any legal authority as soon as possible. Jury enters Plaintiff' witness Pat McKenna (sworn). s Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 10 Exhibit/s 10 RECEIVED. Witness tendered and accepted as an expert.

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

Document 119

Filed 01/25/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 2 10:01 a.m. Cross examination by Defendant (Mr. Waltz). EX ID: 3, deposition of Pat McKenna (4/29/05) for purposes of impeachment Re-Direct examination by Plaintiff (Mr. Aisenberg). Re-Cross examination by Defendant (Mr. Waltz). Plaintiff' witness Bastiaan Cornelissen (sworn). s Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 4 Exhibit/s 4 RECEIVED. Witness tendered and accepted as an expert. 10:50 a.m. Jury excused Discussion and argument regarding objection by Defendant. 10:53 a.m. Direct examination by Plaintiff continues (Mr. Aisenberg). Further discussion regarding objection by Defendant - DEFERRED. 10:56 a.m. 11:21 a.m. Court in Recess Court in Session - Jury not present Court' remarks regarding objection by Defendant. s 11:24 a.m. Jury enters Plaintiff' witness Bastiaan Cornelissen resumes. s Direct examination by Plaintiff continues (Mr. Aisenberg). EX ID: 6 11:29 a.m. 11:32 a.m. Cross examination by Defendant (Mr. Waltz). Bench conference regarding objection by Plaintiff - SUSTAINED.

10:37 a.m. 10:42 a.m. 10:44 a.m.

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

Document 119

Filed 01/25/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 3 11:33 a.m. 11:34 a.m. Cross examination by Defendant continues (Mr. Waltz). Plaintiff' David Ray Price (sworn). s Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 1, 16 12:05 p.m. 1:36 p.m. Court in Recess Court in Session - Jury enters Plaintiff' David Ray Price resumes. s Direct examination by Plaintiff continues (Mr. Aisenberg). EX ID: A, 27, 28 Exhibit/s A RECEIVED. Exhibit/s 27. 28 RECEIVED. 3:23 p.m. Jury excused Discussion regarding schedule of witnesses. 3:24 pm 3:47 p.m. Court in Recess Court in Session - Jury enters Plaintiff' David Ray Price resumes. s Direct examination by Plaintiff continues (Mr. Aisenberg). EX ID: 15 Exhibit/s 15 RECEIVED. 3:51 p.m. Cross examination by Defendant (Mr. Waltz). EX ID: C, 26, D, A

Exhibit/s C, D RECEIVED. Exhibit/s 26 RECEIVED.

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

Document 119

Filed 01/25/2006

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Judge Wiley Y. Daniel 03-cv-02639-WYD-OES - Courtroom Minutes Page 4 4:49 p.m. Re-Direct examination by Plaintiff (Mr. Aisenberg). EX ID: 25

Exhibit/s 25 REFUSED. 5:03 p.m. 5:05 p.m. Bench conference regarding objection by Defendant. Jury excused for the evening. Court distribute jury instructions and verdict form to counsel. ORDERED: 5:07 p.m. Jury instruction conference will be held on Thursday, January 26, 2006. Re-Direct examination by Plaintiff continues (Mr. Aisenberg). Court' remarks regarding objection by Defendant. s 5:12 p.m. ORDERED: Discussion and argument regarding objection by Defendant - DEFERRED. Counsel shall arrive on Thursday, January 26, 2006, at 8:30 a.m. to continue dealing with this objection. Court in Recess - TRIAL CONTINUED

5:23 p.m.

TOTAL TIME: 5:49