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

Case 1:03-cv-02341-RPM

Document 98

Filed 01/09/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: January 9, 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 One 8:55 a.m. Court in session.

Court' preliminary remarks. s Discussion between Court and Mr. Jones regarding presentation of plaintiff' case. s 9:00 a.m. 9:01 a.m. Plaintiff' opening statement by Mr. Jones. s Defendants' opening statement by Mr. Mann.

Defendants' oral motion for plaintiff to make a remedy election between damages and specific performance by Mr. Mann. ORDERED: Ruling on defendants'oral motion for plaintiff to make a remedy election between damages and specific performance shall be made at the conclusion of the presentation of the evidence.

Defendants' oral motions in limine with respect to plaintiff' defamation claims and use of s videotape depositions by Mr. Mann.

Case 1:03-cv-02341-RPM

Document 98

Filed 01/09/2006

Page 2 of 3

January 9, 2006 03-cv-02341-RPM Argument by counsel regarding dispute whether a request for copies of videotape depositions were made. ORDERED: Ruling on the evidence with respect to defamation claims shall be made as it comes up during the course of the trial. Use of videotape depositions are permitted. Plaintiff' witness, Charles Duke, sworn. s

9:18 a.m.

Direct examination of Mr. Duke by Mr. Jones. Plaintiff' Exhibits 33, 34, 35, 36, 37, 92, 93, 94, 95, 96, 89, 98, 101, 136, 20 and 21 s identified, offered and received. Defendants'Exhibit X-9 identified, offered and received. 10:03 a.m. 10:18 a.m. 10:19 a.m. Court in recess. Court in session. Continued direct examination of Mr. Duke by Mr. Jones.

Plaintiff' Exhibits 57, 58, 110, 134, 111, 112, 113, 90, 119, 120, 62, 126, 59, 61, 217, 63, s 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82 and 115 identified, offered and received. 12:00 p.m. 1:30 p.m. 1:31 p.m. Court in recess. Court in session. Continued direct examination of Mr. Duke by Mr. Jones.

Plaintiff' Exhibits 173, 84, 122, 85, 83, 140 and 222 identified, offered and received. s 2:15 p.m. Cross examination of Mr. Duke by Mr. Mann.

Reference to Plaintiff' Exhibits 63,33, 35, 37, 93, 94, 96, 134, 7 and 84. s Defendants'Exhibits T-7, R-7, M-1, R-3, V-3, A-7, A-10, B-10, C-10, D-10, Z-8, O-7, I-7, J-7, K-7, L-7, M-7 and N-7 identified, offered and received. Reference to the July 14, 2004 deposition transcript of Charles Duke. 3:07 p.m. Redirect examination of Mr. Duke by Mr. Jones.

Reference to Plaintiff' Exhibits 14, 15 and 16. s

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Case 1:03-cv-02341-RPM

Document 98

Filed 01/09/2006

Page 3 of 3

January 9, 2006 03-cv-02341-RPM Plaintiff' Exhibit 127 identified, offered and received. s 3:13 p.m. 3:29 p.m. 3:31 p.m. 4:21 p.m. Court in recess. Court in session. Videotape deposition of Steve Boden played. Videotape deposition of John Brady played.

Plaintiff' Exhibits 20 and 21 offered and received. s 4:28 p.m. 4:48 p.m. 4:48 p.m. Court in recess. Court in session. Continued playing of the videotape deposition of Mr. Boden.

Plaintiff' Exhibits 16 and 86 identified, offered and received. s 5:10 p.m. Court in recess.

Trial continued. Total time in court: 6.5 hours.

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