Free Order on Motion for Leave to File - 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: 3/10/2008

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: 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 # 6 8:36 a.m. Court reconvenes with counsel present. Plaintiff's case continues: Marcia O'Donnell is sworn and examined. Plaintiff moves to admit exhibit 25 with objection by Defendants. Objection is sustained. Exhibit 25 is not admitted. 9:02 a.m. Cross-examination. 9:15 a.m. Re-direct. Defendants advise the Court that the witness, Marcia O'Donnell, is a witness on their list and request to examine the witness at this time. Request is granted. Marcia O'Donnell is called out of order and testifies under direct examination by Defendants. Plaintiff has no questions for the witness. Witness is excused. Cynthia Thimmesch is sworn and examined. Exhibit 103 is admitted into evidence. 10:14 a.m. Cross-examination. 10:28 a.m. Redirect. Witness is excused. 10:33 a.m. Recess. 10:45 a.m. Court reconvenes with counsel present. Allan Kaplan is sworn and examined. Plaintiff moves to admit exhibit 241 with objection by Defendants. The Court questions the witness further regarding exhibit 241. Exhibit 241 is admitted into evidence. Exhibit 175 is admitted into evidence. 12:00 p.m. Recess. 1:00 p.m. Court reconvenes with counsel present. Allan Kaplan continues testifying. Exhibit 243 is admitted by stipulation. Plaintiff refers to exhibit 129. The Court is advised that exhibit 129 is not admitted, yet it is the same exhibit as exhibit 61 which is stipulated into evidence. Exhibit 61 is admitted by stipulation. Exhibits 172 and 24 are admitted into evidence by stipulation. Plaintiff moves to admit exhibit 188 with objection by Defendants. Exhibit 188 is admitted. Exhibit 50 and 158 are admitted into evidence. Defendants withdraw objection to exhibit 157. Exhibit 157 is admitted into evidence by stipulation. Exhibit 153 is admitted into evidence. 3:00 p.m. Recess. 3:11 p.m. Court reconvenes with counsel present. Cross-examination of witness Allan Kaplan. 4:00 p.m. Re-direct. Witness is excused. Michael O'Donnell is sworn and examined. Witness is excused for the day. Discussion held regarding exhibits 376 and 754. It is determined that exhibit 376 is not admitted into evidence. Defendants inform the Court that it did move for the admission of exhibit 754 during the questioning of witness Richard Rothwell. Plaintiff does not recall the admission of exhibit 754. Plaintiff is directed to check 03/10/2008 Court of any issue regarding Case 2:02-cv-02405-HRH Document 470 Filed and inform the Page 1 of 2

exhibit 754. Witness lists are discussed. Plaintiff's Motion to Allow Deposition Designation for Raymond F. Gaston [454] is discussed. Court DENIES plaintiff's motion [454] as moot. Court stands in recess until Tuesday, March 11, 2008 at 8:30 a.m. Time in Court: 6 hours 42 mins

Case 2:02-cv-02405-HRH

Document 470

Filed 03/10/2008

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