Free Bench Trial - Held - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL TRIAL MINUTES

Phoenix Division
HON: SUSAN R. BOLTON CIV 04- 621-PHX-SRB Year Case No. Dft #

Judge # 7026

DATE: 7/21/06

Dan Coogan Plaintiff(s)

v. Avnet, Inc., et al. Defendant(s) Kim Moll

Deputy Clerk: Maureen Williams Court Reporter:

Jordan Meshkow and Nancy Giles Jordan Green and Lawrence Palles Plaintiff(s) counsel Defense counsel
PROCEEDINGS:/ /JURY TRIAL / X /COURT TRIAL / /VOIR DIRE / /JURY SWORN

Trial Day #

4

Waiver of Jury trial filed

n/a

9:01 a.m. Reconvene. Plaintiff's case (continued): Richard Weisgrau is examined further. Exhibits 371 and 105 are admitted. 10:30 a.m. Recess. 10:49 a.m. Reconvene. Plaintiff's counsel requests to designate portions of Whitney Crutchley's deposition. Defense counsel objects to said designations pursuant to Rule 32(A)(3), Federal Rules of Civil Procedure. Argument presented. For reasons as stated on the record, the Court will not admit said designations within the provisions of Rule 32. Plaintiff rests. Defendant's oral Motion for Judgment as a Matter of Law pursuant to Rule 52 is argued to the Court. Without opposition by plaintiff's counsel, IT IS ORDERED dismissing individual defendants Roy Vallee and Cindy Vallee. Further, the Court finds that the evidence presented is insufficient to hold Allen Maag and Michaelle Maag individually liable for Avnet's infringement. Therefore, IT IS ORDERED granting Judgment as a Matter of Law dismissing Allen Maag and Michaelle Maag. IT IS FURTHER ORDERED granting Judgment as a Matter of Law dismissing Allen Maag and Michaelle Maag from any claims for breach of contract. Defense counsel requests portions of William Hakanson's deposition be considered by the Court (designations reflected in Defendant's List of Witnesses filed June 19, 2006). Defendant's case: Bryan Carter is sworn and examined. Exhibit 62 is admitted. 12:10 p.m. Recess. 1:32 p.m. Reconvene. Bryan Carter is examined further. Witness is excused. Defendant's oral Motion for Judgment as a Matter of Law is argued to the Court. IT IS ORDERED granting Defendant's Motion for Judgment as a Matter of Law for any claim for Avnet's profits as damages for infringement. Defense rests. Discussion held re: witness Bob Hackett. Plaintiff's counsel is to advise the Court after the recess if he still intends to call Bob Hackett as a witness. 3:00 p.m. Recess. 3:26 p.m. Reconvene. Plaintiff's counsel advises the Court the parties have been discussing possible settlement. The Court enquires of plaintiff's counsel what testimony Bob Hackett will be providing to the Court that would not be cumulative. Discussion held. The Court determines that Bob Hackett does not have any new or additional information and, therefore, will not be called to testify. Exhibits 411 and 410 are admitted.
Case 2:04-cv-00621-SRB Document 270 Filed 07/21/2006 Page 1 of 2

Plaintiff's counsel is to advise the Court on 7/25/06 if he will be presenting rebuttal evidence. If there is no rebuttal evidence, closing argument will proceed on 7/25/06. At the request of defense counsel, IT IS ORDERED directing plaintiff's counsel to file in writing no later than Noon, 7/24/06, his election of actual damages or statutory damages. 3:49 p.m. Court stands at recess until 9:00 a.m., 7/25/06. Case continued to: 7/25/06 for further trial.

Hearing length: 4 hours 30 minutes

Case 2:04-cv-00621-SRB

Document 270

Filed 07/21/2006

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