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: 3/7/2008

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/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 # 5 8:32 a.m. Court reconvenes with counsel present. Plaintiff's case continues: Witness called out of order. Susan Malone is sworn and examined. Plaintiff refers to previously stipulated exhibit 283. 8:55 a.m. Cross-examination. 9:06 a.m. Redirect. Witness is excused. Michael Donahey continues testifying under direct examination. Plaintiff makes reference to previously stipulated exhibits 142,102 and previously admitted exhibit 154. Exhibit 169 is admitted into evidence. Parties stipulate to admit exhibit 170. Exhibit 170 is admitted into evidence. Plaintiff moves to admit exhibit 173. Exhibit 173 is admitted. Plaintiff refers to previously stipulated exhibits 56, 58, 59, 292 and previously admitted exhibit 53. Previously stipulated exhibit 15 is referred to. 10:23 a.m. Recess. 10:33 a.m. Court reconvenes with counsel present. Cross-examination of witness Michael Donahey. Defendant refers to previously stipulated exhibits 544, 535, 545 and previously admitted exhibit 294. Previously stipulated exhibits 112 and 105 and previously admitted exhibit 536 are referred to. Parties stipulate to admit exhibit 540. Exhibit 540 is admitted into evidence. Previously admitted exhibit 522 is referred to. Exhibits 518, 520 and 521 are admitted into evidence. Defendant refers to previously admitted exhibit 566 and previously stipulated exhibits 505 and 100. Previously admitted exhibit 101 is referred to. Exhibit 519 is admitted into evidence. Previously stipulated exhibits 114, 115 and previously admitted exhibit 562 are referred to. 12:00 p.m. Recess. 1:00 p.m. Court reconvenes with counsel present. Court Reporter: Candy Potter. Michael Donahey continues testifying. Defendant refers to previously admitted exhibit 123. Exhibit 564 is admitted into evidence. Defendant refers to previously stipulated exhibit 572 and previously admitted exhibit 570. Exhibits 548, 553, 554, 555 and 556 are admitted into evidence. Defendant refers to previously admitted exhibit 128 and previously stipulated exhibits 118, 292 and 205. 2:00 p.m. Redirect. Plaintiff refers to previously stipulated exhibits 121, 122 and previously admitted exhibits 540, 294, 518, 520, 521, 522 and 128. 2:45 p.m. Re-cross. Exhibit 506 is admitted into evidence. Witness is excused. 2:46 p.m. Recess. Case 2:02-cv-02405-HRH Document 469 Filed 03/07/2008 Page 1 of 2

2:56 p.m. Court reconvenes with counsel present. Joseph Richardson is sworn and examined. Plaintiff refers to previously stipulated exhibits 108, 283, 100 and 105. Previously admitted exhibit 101 is referred to. 3:26 p.m. Crossexamination. Witness is excused. David Weiss is sworn and examined. Plaintiff refers to previously stipulated exhibits 107 and 106. Plaintiff moves to admit exhibit 222. Exhibit 222 is admitted into evidence.3:56 p.m. Crossexamination. Defendant refers to previously stipulated exhibit 107 and previously admitted exhibit 294. 4:06 p.m. Redirect. Previously stipulated exhibit 135 is referred to. Witness is excused. Trial schedule is discussed. Court stands in recess until Monday, March 10, 2008 at 8:30 a.m. Time in Court: 6 hours 21 mins

Case 2:02-cv-02405-HRH

Document 469

Filed 03/07/2008

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