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

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

Document 176

Filed 10/26/2005

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 26, 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. Counsel:

Priveleges

Richard Gottlieb Joshua Maximon

Michael McCurdy Colin Walker

_____________________________________________________________________ AMENDED COURTROOM MINUTES _____________________________________________________________________ HEARING: Jury Trial Day Two 9:10 a.m. Also present: Court in session. Plaintiff client representatives Mark Walker and Defendant J.E.H. Knutson.

Witness sworn for the defendants: JEFFREY ROBERT SAUTER: (out of order) 9:16 a.m. Direct examination by Mr. Walker. 9:31 a.m. Voir dire examination re: Exhibit 83, by Mr. Gottlieb. 9:35 a.m. Continued direct examination by Mr. Walker. 9:43 a.m. Cross-examination by Mr. Gottlieb. 10:26 a.m. Redirect Exhibits admitted: 79, 83. 10:31 a.m. Witness excused. 10:31 a.m. 10:46 a.m. Court in recess. Court in session.

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

Document 176

Filed 10/26/2005

Page 2 of 2

Witness sworn for the defendants: DAVID MENZEL: (out of order) 10:50 a.m. Direct examination by Mr. Walker. 11:17 a.m. Voir dire examination re: Exhibit 55, by Mr. Maximon. 11:22 a.m. Continued direct examination by Mr. Walker. 11:32 a.m. Cross-examination by Mr. Maximon. Exhibit admitted: 223. 11:43 a.m. Witness excused. Witness sworn for the plaintiff: MARK WALKER: 11:44 a.m. Continued cross-examination by Mr. McCurdy. 12:02 p.m. 1:15 p.m. 1:17 p.m. 3:03 p.m. 3:20 p.m. Court in recess. Court in session. Continued cross-examination of Mr. Walker by Mr. McCurdy. Court in recess. Court in session.

3:22 p.m. Redirect examination of Mr. Walker by Mr. Gottlieb. Exhibits admitted: 55, 144, 85, 86, 87. 3:30 p.m. Witness excused. Witness sworn for the plaintiff: DOUGLAS LECKIE: 3:41 p.m. Direct examination by Mr. Gottlieb. 4:13 p.m. Cross-examination by Mr. McCurdy. Exhibits admitted: 168, 208, Exhibit 11-Schedule 3. 4:36 p.m. Witness excused. Plaintiff rests. ORDER: ORDER: Jurors excused with direction to return October 27, 2005, at 9:00 a.m. Defendant Knutson' Oral Motion for Judgment as a Matter of Law Under s Rule 50(a) as to Walker Group, Inc.' Counterclaims Two and Three in s Case Number 03-cv-01973-PSF-MJW is granted. Walker Group, Inc.' s Counterclaims Two and Three in Case Number 03-cv-01973-PSF-MJW are dismissed. Court in recess/hearing continued.

4:45 p.m.

Total in-court time: 5:57. 2