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

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

Document 172

Filed 10/25/2005

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 Civil Action No. 03-cv-01973-PSF-MJW Parties: THE WALKER GROUP, INC., Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC., and J.E.H. KNUTSON, Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING: Jury Trial Day One 8:47 a.m. Also present: Court in session. Plaintiff client representatives Mark Walker and Defendant J.E.H. Knutson. Walker Group' Motion in Limine Regarding Its Accounting or Tax s Treatment of the First Layer Communications, Inc. Debt (166) is granted. Walker Group' Motion in Limine Regarding Accounts Receivable of First s Layer Communications, Inc. (167) is denied without prejudice. Walker Group' Motion in Limine to Exclude Evidence Regarding Alleged s Fraud in the Inducement or Negligent Misrepresentation by Walker Group (168) is granted as to fraud in the inducement and denied as to estoppel. Walker Group' Motion in Limine to Exclude Evidence Regarding Alleged s Michael McCurdy Colin Walker Counsel: Richard Gottlieb Joshua Maximon Date: October 25, 2005

ORDER:

ORDER:

ORDER:

ORDER:

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

Document 172

Filed 10/25/2005

Page 2 of 2

Assets Not Included in Shipment From David Menzel to Walker and Associates (169) is denied. Exhibits admitted by stipulation: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 21, 23, 25, 26, 27, 28, 29, 30, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 52, 64, 66, 67, 69, 70, 92, 93, 94, 94, 96, 99, 101, 105, 132, 133, 147, 148, 151, 171, 172, 173, 174, 176, 178, 179, 180, 181, 186, 188, 189, 191, 192, 193, 194, 195, 203, 204, 205, 216.

10:55 a.m. 11:11 a.m.

Court in recess. Court in session. 97016, 94610. 114367, 110661, 113108.

Jurors excused for cause: Jurors excused by plaintiff:

Jurors excused by defendant: 93607, 120033, 80876. Jurors seated: 85203, 92673, 87805, 95489, 94408, 104589, 94461, 90053, 98658, 91326.

12:29 p.m. 1:51 p.m.

Court in recess. Court in session.

Witness sworn for the plaintiff: MARK WALKER: 2:43 p.m. Direct examination by Mr. Gottlieb. 3:43 p.m. 4:00 p.m. Court in recess. Court in session.

4:02 p.m. Continued direct examination of Mr. Walker by Mr. Gottlieb. 4:08 p.m. Voir dire examination re: Exhibit 208 by Mr. McCurdy. 4:12 p.m Continued direct examination by Mr. Gottlieb. 4:36 p.m. Cross-examination by Mr. McCurdy. Exhibits admitted: 169, 170, 182. ORDER: 5:13 p.m. Jurors excused with direction to return October 26, 2005, at 9:00 a.m. Court in recess/hearing continued.

Total in-court time: 6:31. 2