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: 3/5/2008

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 # 3 8:50 a.m. Exhibits 774-776 and 392-394 are marked for identification prior to the commencement of trial. Court reconvenes with counsel present. Plaintiff's case continues: Richard Rothwell continues testifying on crossexamination. Over objection of Plaintiff, exhibit 774 is admitted into evidence. Exhibits 775, 567, 392 and 393 are admitted into evidence. 9:40 a.m. Redirect. Plaintiff refers to previously stipulated exhibit 281. The Court is informed that witness, Richard Rothwell, has also been subpoenaed by the defendants and request to question the witness at this time so that he may not need to be recalled later. Request granted. Richard Rothwell is called out of order and testifies on direct examination by defendants. Plaintiff has no questions for the witness. Witness is excused. 10:28 a.m. Recess. 10:40 a.m. Court reconvenes with counsel present. Debra Kuhns is sworn and examined. Parties stipulate to the admission of exhibit 259. Exhibit 259 is admitted into evidence. 11:36 a.m. Cross-examination. Defendants move to admit exhibit 608 with objection by plaintiff. Exhibit 608 is admitted. Over objection of plaintiff, exhibit 606 is admitted into evidence. Plaintiff further argues the admission of exhibit 606. Court advises counsel that it will hear arguments at the end of the case as to what the document adds, if anything, to either case. Over objection of plaintiff, exhibit 610 is admitted into evidence. 11:58 a.m. Redirect. Witness is excused. 12:02 p.m. Recess. 1:00 p.m. Court reconvenes with counsel present. Charles Pulaski is sworn and examined. Plaintiff refers to previously stipulated exhibit 82. Over objection of defendants, exhibit 101 is admitted into evidence. Exhibit 116 is admitted into evidence. Plaintiff refers to previously stipulated exhibit 115. 3:00 p.m . Recess.

Case 2:02-cv-02405-HRH

Document 466

Filed 03/05/2008

Page 1 of 2

3:12 p.m. Court reconvenes with counsel present. Cross-examination of witness Charles Pulaski. 3:31 p.m. Redirect. Witness is excused. Michael Donahey is sworn and examined. Plaintiff refers to previously stipulated exhibit 100. 4:43 p.m. Witness is excused for the day. Trial schedule is discussed. Counsel are advised that court will not be held on Monday, March 17, 2008. 4:48 p.m. Court is in recess and to reconvene Thursday, March 6, 2008 at 8:30 a.m. Time in Court: 6 hours

Case 2:02-cv-02405-HRH

Document 466

Filed 03/05/2008

Page 2 of 2