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

Case 1:03-cv-01973-PSF-MJW

Document 179

Filed 10/27/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILLIP S. FIGA Courtroom Deputy: Valeri P. Barnes Court Reporter: Darlene Martinez Date: October 27, 2005

Civil Action No. 03-cv-01973-PSF-MJW Parties: WALKER GROUP, INC., Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC., and J.E.H. KNUTSON, Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING: Jury Trial Day Three 9:00 a.m. Also present: Court in session. Plaintiff client representatives Mark Walker and Defendant J.E.H. Knutson. Michael McCurdy Colin Walker Counsel: Richard Gottlieb Joshua Maximon

Deposition testimony for the defendants: PETER STANLEY STEEL. Witness sworn for the defendants: J.E.H. KNUTSON: 9:39 a.m. Direct examination by Mr. McCurdy. 10:37 a.m. 10:52 a.m. 10:54 a.m. 11:03 a.m. Court in recess. Court in session. Continued direct examination of Mr. Knutson by Mr. McCurdy. Cross-examination by Mr. Gottlieb.

Case 1:03-cv-01973-PSF-MJW

Document 179

Filed 10/27/2005

Page 2 of 2

11:38 a.m. Redirect examination. Exhibit admitted: 19, 22, 100. 11:42 a.m. Witness excused. Defendants rest. ORDER: Plaintiff Walker Group, Inc.' Oral Motion for Judgment as a Matter of Law s Under Rule 50(a) is granted as to the original guaranty up to the amount of $500,000. Court in recess. Court in session.

12:02 p.m. 2:18 p.m.

Charging conference. Exhibits admitted: Court Exhibit A - Proposed Jury Instructions Court Exhibit B - Proposed Special Verdict Form Court Exhibit C - Revised Jury Instruction 18 Court Exhibit D - Revised Verdict Form Court Exhibit E - Walker' Proposed Jury Instruction - rejected s Court Exhibit F - Revised Jury Instruction 12 2:51 p.m. 3:19 p.m. Court in recess. Court in session.

Closing arguments and jury instructed. 4:53 p.m. ORDER: Jury excused for deliberations. Walker Group' Motion in Limine to Exclude Evidence and Jury Instruction s Regarding Estoppel (174) is denied.

DEADLINE: Walker' Brief on the issue of dollar-for-dollar adjustments due the morning of October s 28, 2005. 4:55 p.m. 6:14 p.m. Court in recess/hearing continued. Jury excused with direction to return October 28, 2005, at 8:00 a.m.

Clerk' note: Court' Exhibits A - F attached. s s Total in-court time: 4:56. 2