Free Bench Trial - Begun - 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: 3/3/2008

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: Linda Schroeder/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 # 1 9:08 am. Court is called to order. 9:10 a.m. Plaintiff's opening statement. 9:40 a.m. Defendants' opening statement. 10:28 a.m. Recess. 10:38 a.m. Plaintiff's case: Vern Schweigert sworn and examined. Exclusionary rule invoked as to witnesses. Parties stipulate to admit exhibit 330. Exhibit 330 is admitted. Counsel refers to previously stipulated exhibit 100. Exhibit 294 is identified and Plaintiff moves to admit. No objection. Exhibit 294 is admitted. Counsel refers to previously stipulated exhibit 102. Defendant withdraws objection to the admittance of exhibit 123 as long as the Court will not consider the language written at the top of the exhibit. The Court informs parties that the language is not legible on its' copy. Exhibit 123 is admitted. Counsel refers to previously stipulated exhibits 112, 128, 125, and 126. 11:52 a.m. Recess. 1:00 p.m. Court reconvenes. Vern Schweigert continues testimony. Plaintiff has no further questions for Mr. Schweigert. 1:01pm. Cross-examination. Defendant has witness identify exhibits 377, 378, 381, 383, and 388. Plaintiff brings it to the Court's attention that these exhibits have not been admitted. Parties stipulate to admit exhibits 377, 378, 381, 383, and 388. Defendant has witness identify exhibit 657 and moves to admit. No objection from the Plaintiff. Exhibit 657 is admitted. Witness identifies exhibit 656. Defendant moves to admit exhibits 656, 657, and 658. No objection from the Plaintiff. Exhibits 656, 657, and 658 are admitted. Witness identifies exhibits 508, 522, and 566. 1:40 p.m. Redirect. Plaintiff has witness review exhibits 658, 656, and 508. 1:53 p.m. Witness is excused. Defendant makes a Rule 52(c) motion for judgment as a matter of law as to all non-preference claims. Counsel are directed to file briefs by 4:30 p.m. today. 2:02 p.m. Court is in recess until 3/4/08 at 8:30 a.m.

Time in Court: 3 hrs 36 min Case 2:02-cv-02405-HRH

Document 463

Filed 03/03/2008

Page 1 of 1