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: 3/11/2008

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/Liz Lemke

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 # 7 8:36 a.m. Court reconvenes with counsel present. Court Reporter: Linda Schroeder. Plaintiff's case continues: Witness called out of order. Steve Scherff is sworn and examined. 8:43 a.m. Voir dire from Mr. Birnbaum. 8:44 a.m. Direct-examination continues. Witness draws a chart for illustrative purposes for the Court. 9:22 a.m. Crossexamination. 10:30 a.m. Recess. 10:40 a.m. Court reconvenes with counsel present. Steve Scherff continues testifying. 11:25 a.m. Re-direct. Court questions whether both counsel and the witness are working off same exhibit. Exhibit 322 is discussed. Mr. Kaup informs the Court that he will address the issue at break and determine if the Court's copy and defendants' copy are missing pages and will correct the problem immediately. Witness is excused. Hand drawn chart is received as exhibit 395 as an illustrative of the witness's testimony. Oral motion by the Defendants to exclude Mr. Sherff's testimony. Argument is presented to the Court. Court reserves judgment on the motion. Scheduling of witnesses is discussed. 11:53 a.m. Recess. 1:00 p.m. Court reconvenes with counsel present. Court Reporter: Liz Lemke. Michael O'Donnell, previously sworn, continues testifying under direct-examination. Exhibit 25 is admitted into evidence. 2:58 p.m. Recess. 3:10 p.m. Court reconvenes with counsel present. Cross-examination of witness Michael O'Donnell. Exhibits 295 and 104 are admitted into evidence. Defendant moves to admit exhibit 604 with objection by the Plaintiff. Exhibit 604 is admitted for reasons set forth on the record. Witness is excused for the day and will resume testimony on Thursday, March 13, 2008. Scheduling of witnesses is discussed. 4:30 p.m. Court stands in recess until Wednesday, March 12, 2008 at 8:30 a.m. Time in Court: 6 hours 31 mins Case 2:02-cv-02405-HRH

Document 471

Filed 03/11/2008

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