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

Case 1:03-cv-02341-RPM

Document 100

Filed 01/11/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: January 11, 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 Three 9:00 a.m. Court in session.

Discussion regarding scheduling. 9:02 a.m. Defendants' witness, Sherry Snead, sworn.

Direct examination of Ms. Snead by Mr. Mann. Defendants'Exhibits J-8, K-8 and L-8 identified, offered and received. Reference to Defendants' Exhibits X-6, Q-7 and N-8. 9:10 a.m. Cross examination of Ms. Snead by Mr. Jones.

Reference to Defendants' Exhibits J-8, K-8 and L-8. Plaintiff' Exhibits 102, 103 and 104 identified, offered and received. s Reference to Plaintiff' Exhibits 51, 52, 53 and 54. s 9:19 a.m. Redirect examination of Ms. Snead by Mr. Mann.

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January 11, 2006 03-cv-02341-RPM Reference to Defendants' Exhibits J-8, K-8 and L-8. 9:22 a.m. Defendants' witness, Charles Wargin, sworn.

Direct examination of Mr. Wargin by Mr. McNab. Defendants'Exhibits M-9 and F-2 identified, offered and received. 9:33 a.m. Cross examination of Mr. Wargin by Mr. Jones.

Reference to Defendants' Exhibit F-2. 9:39 a.m. 9:41 a.m. Redirect examination of Mr. Wargin by Mr. McNab. Continued direct examination of Mr. Loyer by Mr. Mann.

Reference to Plaintiff' Exhibit 140. s Reference to Defendants' Exhibit V-3. 9:48 a.m. Cross examination of Mr. Loyer by Mr. Jones.

Reference to the July 7, 2004 deposition transcript of Daniel Loyer. Reference to Defendants' Exhibit M-1. Plaintiff' Exhibit 91 identified. s Reference to Plaintiff' Exhibits 93, 89, 20, 21, 112 and 90. s Plaintiff' Exhibits 25 and 30 identified. s 10:21 a.m. 10:35 a.m. 10:36 a.m. Court in recess. Court in session. Continued cross examination of Mr. Loyer by Mr. Jones.

Plaintiff' Exhibits 25, 30, 22 identified, offered and received. s Reference to Plaintiff' Exhibits 21, 66, 217, 57, 58, 110, 111, 89, 140, 14, 15, 16 and 127. s Reference to the July 7th, 8th, and 9th 2004 deposition transcript of Daniel Loyer. 12:00 p.m. 1:29 p.m. 1:30 p.m. Court in recess. Court in session. Continued cross examination of Mr. Loyer by Mr. Jones.

Reference to Plaintiff' Exhibits 14 and 16. s

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Case 1:03-cv-02341-RPM

Document 100

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January 11, 2006 03-cv-02341-RPM Reference to the July 7th, 8th, and 9th 2004 deposition transcript of Daniel Loyer. Plaintiff' Exhibits 133, 241 and 202 identified, offered and received. s Reference to Defendants' Exhibit U-1. Plaintiff' request to make a motion for an involuntary dismissal of defendants' s conversion claim by Mr. Jones. Court states plaintiff may make its motion at the conclusion of the presentation of the evidence. 1:55 p.m. Redirect examination of Mr. Loyer by Mr. Mann.

Reference to Plaintiff' Exhibits 21, 140, 127, 14, 16, 241 and 133. s 2:05 p.m. Recross examination of Mr. Loyer by Mr. Jones.

Reference to the July 7th, 8th, and 9th 2004 deposition transcript of Daniel Loyer. 2:11 p.m. Defendants' witness, Steve Boden, sworn.

Direct examination of Mr. Boden by Mr. Mann. Reference to Plaintiff' Exhibits 120, 66, 123, 86, 16 and 87. s Defendants'Exhibit P-7 identified, offered and received. 2:41 p.m. 2:55 p.m. 2:56 p.m. Court in recess. Court in session. Defendants' witness, Thomas A. Kennon, sworn.

Direct examination of Mr. Kennon by Mr. Mann. Plaintiff' Exhibit 13 identified and referenced. s Reference to Defendants' Exhibits I-7, J-7, K-7, L-7, M-7, N-7 and O-7. Defendants' Exhibit H-10 identified and referenced. Reference to Plaintiff' Exhibits 14 and 16. s 3:25 p.m. Cross examination of Mr. Kennon by Mr. Jones.

Reference to Plaintiff' Exhibits 14 s Reference to the June 11, 2004 deposition transcript of Mr. Kennon. 3:29 p.m. Redirect examination of Mr. Kennon by Mr. Mann.

Reference to the June 11, 2004 deposition transcript of Mr. Kennon.

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Case 1:03-cv-02341-RPM

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Filed 01/11/2006

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January 11, 2006 03-cv-02341-RPM Defendants rests. Plaintiff has no rebuttal evidence. ORDERED: Evidence closed.

3:33 p.m. Defendants' oral Rule 52 c motion to dismiss plaintiff' breach of contract claims s with respect to Legacy' operating agreements, defamation claims and any breach of fiduciary s duty claim arising out the Legacy' Operating Agreements by Mr. Mann. s Arguments by Mr. Mann and Mr. Jones. Plaintiff' oral motion to dismiss defendants' s conversion claim by Mr. Jones. Arguments by Mr. Jones and Mr. McNab. ORDERED: ORDERED: ORDERED: Defendants' Rule 52 c motion is taken under-advisement. Defendants'conversion counterclaim is dismissed. Counsel have until February 13, 2006 to submit simultaneous proposed findings and conclusions with citations to exhibits and testimony. Matter taken under-advisement. Court in recess.

ORDERED: 4:00 p.m.

Clerk' note: Received exhibits and deposition transcripts retained in clerks'office. s 2 black 3 ring binders, deposition transcripts of Thomas Kennon, Daniel Loyer (3 volumes) and Charles Duke. Exhibit lists attached. Trial continued. Total time in court: 5.5 hours.

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