Free Jury Trial - Held - District Court of Arizona - Arizona

Phoenix Division

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL TRIAL MINUTES (DAY SIX) Judge # 7027 DATE: 4/18/2007 v. Necela Incorporated, et. al. Defendant(s) Merilyn Sanchez

HON: MARY H. MURGUIA CIV 02-1954-PHX-MHM

Merchant Transaction Systems Inc., et. al. Plaintiff(s) Deputy Clerk: Sandi Fredlund

Ct. Reporter:

Plaintiff(s) counsel: George Chen, Richard Halloran, Robert McKirgan, and William McKinnon Defendant(s) counsel: Merrick Firestone and Veronica Manolio PROCEEDINGS:/ X /JURY TRIAL / /COURT TRIAL / /VOIR DIRE / /JURY SWORN Trial Day # 6 Waiver of Jury trial filed

9:20 a.m. This is the time set for continuing trial. In addition to counsel listed above, Plaintiffs' client representatives Mary Gerdts and Carl Kubitz are present. Defendants' client representatives Len Campagna and Alec Dollarhide are also present. Trial reconvenes without the jury present. Mr. Firestone addresses the Court regarding issues raised at the close of trial yesterday. Mr. McKirgan addresses the Court and requests that a preliminary jury instruction be re-read to the jury and placed in the jurors' notebooks. The Court denies the request. Mr. McKinnon addresses the Court. The jury is now present. Upon stipulation of counsel, a defense witness is called out of order. Ray Kendall Harris is sworn and testifies on direct examination by Ms. Manolio. Cross-examination by Mr. Halloran. 11:15 a.m. Recess. 11:34 a.m. Trial reconvenes with the jury present. Cross-examination of Mr. Harris continues by Mr. Halloran. Re-direct of Mr. Harris by Ms. Manolio. Witness is excused. Mr. Alec Dollarhide, previously sworn, resumes testimony on cross-examination by Mr. Firestone. 12:16 p.m. Jury is excused until 1:30 p.m., and Court remains in session. Trial scheduling issues are discussed. 12:17 p.m. Recess. 1:30p.m. Trial reconvenes with jury present. By stipulation, exhibit #611 is admitted. Mr. Firestone's crossexamination of Mr. Dollarhide continues. Exhibit #621 is marked. Re-direct of Mr. Dollarhide by Mr. Halloran. The jury is excused. 2:45 p.m. Recess. 3:11 p.m. Trial reconvenes with jury present. Re-direct of Mr. Dollarhide by Mr. Halloran continues. Pages 125 and 129 of Exhibit 529 are admitted. Re-cross by Mr. Firestone. The Plaintiffs rest. Defendants' Rule 50 motions are reserved to a later time. Defendants' case: Flora Kubitz is sworn and testifies. Exhibits admitted: 394, 407, 409, 410, 412, and 413. Cross-examination by Mr. McKirgan. Cross-examination by Mr. Chen. Redirect by Mr. Firestone. The jury is excused until 9:00 a.m. on 4/19/07. Court and counsel confer. 4:50 p.m. Recess.
Case 2:02-cv-01954-MHM Document 484 Filed 04/18/2007 Page 1 of 2

5:14 p.m. Court reconvenes with counsel present. Argument presented on Defendants' Rule 50 Motion for Judgment as a Matter of Law re statute of limitations and based on the Apple computer case. The Court denies the motion re statute of limitations. The Court takes the issue re Apple computer case under advisement. Discussion held re proposed jury instructions. 5:45 p.m. Court stands at recess until 4/19/07 at 9:00 a.m.

Time in Court: 6 hr. 3 min.

Case 2:02-cv-01954-MHM

Document 484

Filed 04/18/2007

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