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

Phoenix Division CV-02-2405-PHX-HRH Year Case No Initials

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES - BENCH TRIAL DATE: 3/13/2008

Title: Biltmore Associates, as Trustee for Visitalk Creditors' Trust vs. Peter Thimmesch, et al. Plaintiff Defendants ============================================================================== HON: H. RUSSEL HOLLAND Deputy Clerk : Joanna Rosales Christopher Kaup Attorney(s) for Plaintiff(s) Judge # 7-08 Court Reporter: Candy Potter

Gary Birnbaum (Snell & Wilmer LLP) Tim Thomason (Snell & Wilmer LLP) Scot Claus (Snell & Wilmer LLP) Peter Thimmesch (Pro Se) - not present Attorney(s) for Defendant(s) =============================================================================== PROCEEDINGS: JURY TRIAL X NON-JURY TRIAL VOIR DIRE JURY SWORN Trial day # 9 8:34 a.m. Court reconvenes with counsel present. Trial matters are discussed. Exhibit 754 is discussed. Defendants advise the Court that exhibit 754 was not offered and move to admit exhibit 754. Plaintiff requests to review the transcript to determine if he objects to the admission of exhibit 754. Request granted. Scheduling of witnesses is discussed. Plaintiff's case continues: Boyd Lemon continues testifying under cross-examination. 9:33 a.m. Recess. 9:38 a.m. Court reconvenes with counsel present. Boyd Lemon continues testifying. Defendants move to strike the testimony of witness Boyd Lemon. Argument presented to the Court. 10:10 a.m. Recess. 10:20 a.m. Court reconvenes with counsel present. Court grants the Defendants motion to strike the testimony of Mr. Lemon. Witness is excused. Re-direct examination of witness Michael O'Donnell, previously sworn. Witness is excused. Mark Cardwell is sworn and examined. 11:59 a.m. Recess. 1:19 p.m. Court reconvenes with counsel present. Plaintiff informs the Court that a resolution has been reached by Snell & Wilmer and Biltmore Associates as Trustee of Visitalk Creditors' Trust. Terms of the settlement are set forth on the record. The Court accepts the terms of settlement. Court is informed that the Defendants will prepare the judgment and file it accordingly. Plaintiff is directed to prepare the written prove up material against Mr. Thimmesch and serve it upon him. 1:28 p.m. Court is adjourned. Time in Court: 3 hours 20 mins

Case 2:02-cv-02405-HRH

Document 479

Filed 03/13/2008

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