Free Bench Trial - Held - 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: 3/12/2008

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: Linda Schroeder/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 # 8 8:33 a.m. Court reconvenes with counsel present. Court Reporter: Linda Schroeder. Plaintiff's case continues: Witness called out of order. Richard Mallery is sworn and examined. Plaintiff moves for the admission of exhibits 16, 18, 19, 21, 22, 26, 27, 30, 31, 39, 40 and 281, and informs the Court that these exhibits have been stipulated to admission by counsel. Exhibits 16, 18, 19, 21, 22, 26, 27, 30, 31, 39, 40 and 281 are admitted. 9:58 a.m. Crossexamination. Exhibit 46 is admitted into evidence. 10:40 a.m. Recess. 10:50 a.m. Court reconvenes with counsel present. Re-direct examination of witness Richard Mallery. Witness is excused. Boyd Lemon is sworn and examined. 11:47 a.m. Voir dire by Mr. Claus. 11:48 a.m. Direct-examination continues. 12:00 p.m. Recess. 1:00 p.m. Court reconvenes with counsel present. Court Reporter: Candy Potter. Boyd Lemon continues testifying. 1:21 p.m. Cross-examination. 2:50 p.m. Recess. 3:02 p.m. Court reconvenes with counsel present. Boyd Lemon continues testifying. For reasons stated on the record, Defendants move to strike any and all opinions of Mr. Lemon regarding the Cardwell transaction and the allegation that Snell & Wilmer fell below the standard of care in that transaction. Court takes the matter under advisement. Witness is excused for the day. Counsel is directed to provide the Court a copy of the stipulation regarding the judgment that was entered against Mr. Gaston. Discussion held regarding exhibit 754. 4:36 p.m. Court stands in recess until Thursday, March 13, 2008 at 8:30 a.m. Time in Court: 6 hours 41 mins

Case 2:02-cv-02405-HRH

Document 477

Filed 03/12/2008

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