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: 3/6/2008

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

Gary Birnbaum (Snell & Wilmer LLP) Tim Thomason (Snell & Wilmer LLP) Gary Birnbaum (Snell & Wilmer LLP) Petter Thimmesch (Pro Se) Attorney(s) for Defendant(s) =============================================================================== PROCEEDINGS: JURY TRIAL X NON-JURY TRIAL VOIR DIRE JURY SWORN Trial day # 4 8:34 a.m. Court reconvenes. Plaintiff's case continues: Witness called out of order. Raymond Gaston sworn and examined. Plaintiff moves to admit exhibit 12 with objections from defense. Exhibit 12 is admitted. Plaintiff refers to previously stipulated exhibit 144. Plaintiff refers to exhibit 376 and previously stipulated exhibit 377. Plaintiff moves to admit exhibit 154 with no objection from defense. Exhibit 154 is admitted. Plaintiff moves to admit exhibit 367. Defense points out exhibit is labeled incorrectly on the exhibit list. Exhibit list is to be amended to reflect correct name of document. Exhibit 367 is admitted. Plaintiff refers to previously stipulated exhibit 168. Plaintiff moves to admit exhibit 215 with objection from defense. Exhibit 215 is admitted. Plaintiff refers to previously stipulated exhibits 8, 9, 10, and 197. Parties stipulate to admit exhibit 53. Exhibit 53 is admitted. Plaintiff refers to previously stipulated exhibits 56, 58, and 61. Parties stipulate to admit exhibit 67. Defense withdraws its' previous objection. Exhibit 67 is admitted. Plaintiff moves to admit exhibit 66. Defense waives their objection. Exhibit 66 is admitted. Plaintiff moves to admit exhibit 70. Defense withdraws their objection. Exhibit 70 is admitted. Plaintiff moves to admit exhibit 73 with objections from defense. Exhibit 73 is admitted. 10:35 a.m. Recess. 10:48 a.m. Court reconvenes. Raymond Gaston continues testifying. Plaintiff moves to admit exhibit 47 with objections from defense. Exhibit 47 is not admitted. Plaintiff refers to previously admitted exhibit 128 with objections from defense. Defense states this exhibit has not been admitted. 11:08 a.m. Voir dire from Mr. Kaup. 11:09 a.m. Direct examination continues. 11:13 a.m. Cross-examination. Defendant moves to admit exhibit 535 with no objection from Plaintiff. Exhibit 535 is admitted. Previously admitted exhibit 367 referred to. Defendant moves to admit exhibit 570. No objection from Plaintiff. Exhibit 570 is admitted. Defendant refers to previously stipulated exhibit 61. 12:00 p.m. 12:58 p.m. Court reconvenes. Discussion held regarding exhibit 128. It is determined that exhibit 128 has not been admitted. Raymond Gaston continues testifying. Previously admitted exhibits 606 and 12 referred to. Previously Case 2:02-cv-02405-HRH Document 467 Filed 03/06/2008 Page 1 referred to. 1:12 stipulated exhibits 8 through 10 referred to. Exhibit 11 referred to. Previously admitted exhibit 67of 2

p.m. Re-direct examination. Plaintiff moves to admit exhibit 128 with objections from defense. Exhibit 128 is admitted. 1:27 p.m. Witness is excused. 1:31 p.m. Michael Donahey continues testifying. Plaintiff refers to previously stipulated exhibit 102. Plaintiff moves to admit exhibit 103 with objections from defense. Exhibit 103 is not admitted. Plaintiff moves to admit exhibit 104 with objections from defense. Exhibit 104 is not exhibited. Plaintiff refers to previously stipulated exhibit 105. Previously stipulated exhibits 112, 114, 115, and 117 referred to. 3:03 p.m. Recess. 3:17 p.m. Court reconvenes. Michael Donahey continues testifying. Plaintiff refers to previously stipulated exhibits 118, 121, and 122. Plaintiff refers to previously admitted exhibit 123. Plaintiff refers to previously stipulated exhibits 125 and 127. Plaintiff refers to previously admitted exhibit 128. Plaintiff refers to previously stipulated exhibit 142. 4:40 p.m. Discussion held regarding transcripts of depositions. 4:43 p.m. Court is in recess until Friday, March 7, 2008 at 8:30 a.m.

Time in Court: 6 hrs. 44 min.

Case 2:02-cv-02405-HRH

Document 467

Filed 03/06/2008

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