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

Case 1:03-cv-02341-RPM

Document 99

Filed 01/10/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: January 10, 2006 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ___________________________________________________________________________ Civil Action No. 03-cv-02341-RPM LEGACY MANUFACTURING LLC., Plaintiff, v. STEVE BODEN, DANIEL W. LOYER, MVM PRODUCTS LLC and JOHN DOES 1 THROUGH 10, Stewart McNab John Mann Gregory Jones Andrew Snyder

Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Trial to Court Day Two 9:00 a.m. Court in session.

Plaintiff' Exhibits 87 and 123 offered and received. s 9:03 a.m. Videotape deposition of Mr. Kennon played.

Plaintiff' Exhibits 14 and 15 offered and received. s 9:11 a.m. Plaintiff recalls Charles Duke.

Further examination of Mr. Duke by Mr. Jones. Reference to Plaintiff' Exhibits 16, 14, 222, 120, 123 and 87. s Plaintiff' Exhibits 128 and 129 identified, offered and received. s Plaintiff' Exhibit 120 received for all purposes. s 9:38 a.m. Further cross examination of Mr. Duke by Mr. Mann.

Reference to Plaintiff' Exhibits 14, 16, 222, 128 and 129. s

Case 1:03-cv-02341-RPM

Document 99

Filed 01/10/2006

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January 10, 2006 03-cv-02341-RPM Reference to Defendants' Exhibit T-7. 9:43 a.m. Further redirect examination of Mr. Duke by Mr. Jones.

Reference to Defendants' Exhibit T-7. Plaintiff rests. Mr. Mann requests that defendants' right to make a Rule 52 c motion be reserved until the conclusion of the presentation of the evidence. ORDERED: Defendants'right to make a Rule 52 c motion is reserved until the conclusion of the taking of the evidence.

Mr. Mann further requests that the Court take judicial notice of the case removal and complaint filing dates. ORDERED: Judicial notice taken with respect to 11/24/2003 removal date and 11/10/2003 complaint filing date. Defendants' witness, Daniel Loyer, sworn.

9:47 a.m.

Direct examination of Mr. Loyer by Mr. Mann. Defendants'Exhibits V-6, A-5 and Q-2 identified, offered and received. 10:25 a.m. 10:39 a.m. 10:40 a.m. Court in recess. Court in session. Continued direct examination of Mr. Loyer by Mr. Mann.

Defendants' Exhibit E-5 identified, offered and plaintiff' objection sustained. s Defendants'Exhibits L-5, W-4, N-1 limited, H-5, J-5, I-5, K-4, U-2, O-1, U-4, X-2, P-5 and P-1 identified, offered and received. Reference to Defendants' Exhibit M-1. 12:00 p.m. 1:30 p.m. Court in recess. Court in session.

Continued direct examination of Mr. Loyer by Mr. Mann. Defendants'Exhibits V-4, R-5, D-3, X-5, U-1, S-5, T-1, Z-5, B-6 and I-6 identified, offered and received.

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Case 1:03-cv-02341-RPM

Document 99

Filed 01/10/2006

Page 3 of 4

January 10, 2006 03-cv-02341-RPM Reference to Plaintiff' Exhibit 111. s 2:28 p.m. Mr. Jones voir dires Mr. Loyer regarding Defendants' Exhibit J-6.

Defendants'Exhibit J-6 offered and ruling reserved. 2:29 p.m. Continued direct examination of Mr. Loyer by Mr. Mann.

Defendants' Exhibit L-6 identified. 2:30 p.m. Mr. Jones voir dires Mr. Loyer regarding Defendants' Exhibits L-6 and J-6.

Defendants'Exhibit L-6 offered and received. 2:32 p.m. Continued direct examination of Mr. Loyer by Mr. Mann.

Defendants'Exhibits M-6, O-6, V-2, C-3, R-8, G-9 and M-3 identified, offered and received. Defendants' Exhibit O-8, identified and referenced. Defendants' Exhibit N-3 identified and offered. 2:56 p.m. Mr. Jones voir dires Mr. Loyer regarding Defendants' Exhibit N-3.

Defendants'Exhibit N-3 received. 2:59 p.m. Continued direct examination of Mr. Loyer by Mr. Mann.

Defendants'Exhibit O-3 identified, offered and received. 3:08 p.m. 3:23 p.m. 3:24 p.m. Court in recess. Court in session. Continued direct examination of Mr. Loyer by Mr. Mann.

Reference to Defendants' Exhibit N-3. Defendants' motion to withdraw Defendants' Exhibit N-3 and to strike related testimony by Mr. Mann. ORDERED: Defendants'Exhibit N-3 is withdrawn and related testimony is stricken.

Defendants'Exhibits P-3, Q-3 and T-3 identified, offered and received. Reference to Defendants' Exhibits O-7, I-7, J-7, K-7, L-7, M-7, N-7 and R-3.

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Case 1:03-cv-02341-RPM

Document 99

Filed 01/10/2006

Page 4 of 4

January 10, 2006 03-cv-02341-RPM Reference to Plaintiff' Exhibit 84. s 3:51 p.m. 3:55 p.m. 3:56 p.m. Court in recess. Court in session. Continued direct examination of Mr. Loyer by Mr. Mann.

Reference to Plaintiff' Exhibits 92, 93, 94, 96, 89, 57, 58, 90, 112, 113, 14 and 127. s Defendants'Exhibits X-6, Q-7, N-8, A-9 pg. 1 and W-1 identified, offered and received. 5:00 p.m. Court in recess.

Trial continued. Total time in court: 6.5 hours.

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