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

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

Document 178

Filed 10/28/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILLIP S. FIGA Courtroom Deputy: LaDonne Bush Court Reporter: Darlene Martinez Date: October 28, 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 Four 11:10 a.m. Court in session. Michael McCurdy Colin Walker Counsel: Richard Gottlieb Joshua Maximon

Jury returns verdict as follows: 1. Has Walker Group proven by a preponderance of the evidence that Defendant Knutson is liable on the First Amendment to the Guaranty Agreement? Yes 2. Has Walker Group proven by a preponderance of the evidence that Defendant Knutson entered into a Second Amendment to his Personal Guaranty that provided he would repay to Walker Group 29.63% of any amount over $600,000 loaned by Walker Group to Defendant First Layer? Yes

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

Document 178

Filed 10/28/2005

Page 2 of 2

3.

Has Walker Group proven by a preponderance of the evidence that Defendant Knutson is liable on the Second Amendment to the Guaranty Agreement? Yes

4.

Has Defendant Knutson proven by a preponderance of the evidence that Walker Group received value from First Layer assets after First Layer's default in October of 2002? Yes *****

5.

What was the value of the assets Walker Group received from First Layer reducing the outstanding balances of the loan? $173,109.83

Court polls jury. Court thanks jurors for their service. Jurors excused. ORDERED: Parties are directed to confer on the amount of the judgment to be entered based on this verdict. If they cannot reach agreement on the amount, they are ordered to submit simultaneous briefs on the issue no later than ten days from today. 11:22 a.m. Court in recess.

Total in-court time: 00:12. Trial concluded.

2