Entek GRB, LLC v. Stull Ranches, LLC

Filing 150

MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 8/1/2012. Order taking under advisement 126 Motion for Preliminary Injunction. Court Reporter: Janet Coppock. (pabcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILIP A. BRIMMER COURTROOM MINUTES Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Janet Coppock Date: August 1, 2012 Time: 3 hours and 11 minutes CASE NO. 11-cv-01557-PAB-KLM Parties Counsel ENTEK GRB, LLC, Lucy Deakins L. Poe Leggette Plaintiff (s), vs. STULL RANCHES, LLC, Dudley Von Holt Defendant (s). HEARING ON MOTION FOR PRELIMINARY INJUNCTION 9:09 a.m. COURT IN SESSION APPEARANCES OF COUNSEL. Plaintiff’s Motion for Preliminary Injunction and Brief in Support (Doc #126) Court and counsel address preliminary matters. Ms. Deakins advises that the parties have stipulated to the authenticity of exhibits. Page Two 11-cv-01557-PAB-KLM August 1, 2012 9:14 a.m. Opening statement by Ms. Deakins. 9:20 a.m. Direct examination of plaintiff’s witness Tim Hopkins by Ms. Deakins. Plaintiff’s exhibit 2 identified, offered and ADMITTED. Plaintiff’s exhibit 12 identified, offered and ADMITTED. Plaintiff’s exhibit 52 identified, offered and ADMITTED, over objection by Mr. Von Holt. Plaintiff’s exhibit 34 identified, offered and ADMITTED. Plaintiff’s exhibit 33 identified, offered and ADMITTED. Plaintiff’s exhibit 30 identified, offered and ADMITTED. 10:20 a.m. Cross examination by Mr. Von Holt. Defendant’s exhibit J identified, offered and ADMITTED. Plaintiff’s exhibit 15 identified, offered and ADMITTED. Plaintiff’s exhibit 16 identified, offered and ADMITTED. 10:45 a.m. COURT IN RECESS 10:48 a.m. COURT IN SESSION Cross examination by Mr. Von Holt continuses. 11:05 a.m. Redirect examination by Ms. Deakins. Witness excused. 11:08 a.m. Direct examination of plaintiff’s witness David Smith by Ms. Deakins. Plaintiff’s exhibit 3 identified, offered and ADMITTED. Plaintiff’s exhibit 4 identified, offered and ADMITTED,. Plaintiff’s exhibit 5 identified, offered and ADMITTED. Page Three 11-cv-01557-PAB-KLM August 1, 2012 Plaintiff’s exhibit 6 identified, offered and ADMITTED. Plaintiff’s exhibit 7 identified, offered and ADMITTED. Plaintiff’s exhibits 26 through 29 (inclusive) identified, offered and ADMITTED, over objection by Mr. Von Holt. ORDERED: Plaintiff’s remaining exhibit 1 through 43 that have not already been admitted are ADMITTED for purposes of these proceedings. ORDERED: Defendant’s exhibits A, C, D, F, G, H, and I are ADMITTED for purposes of these proceedings. 11:38 a.m. Mr. Von Holt proffers what the testimony of Kelly Sewell would be. 11:40 a.m. Ms. Deakins proffers what her cross examination of Mr. Sewell would be. Plaintiff’s exhibit 53 identified, offered and ADMITTED. 11:45 a.m. COURT IN RECESS 2:02 p.m. COURT IN SESSION Plaintiff’s exhibits 46, 49 and 50 identified offered and ADMITTED. 2:03 p.m. Closing argument by Ms. Deakins. 2:24 p.m. Closing argument by Mr. Von Holt. 2:37 p.m. Rebuttal closing argument by Ms. Deakins. 2:38 p.m. Rebuttal closing argument by Mr. Von Holt. ORDERED: Plaintiff’s Motion for Preliminary Injunction and Brief in Support (Doc #126) is TAKEN UNDER ADVISEMENT. 2:40 p.m. COURT IN RECESS Total in court time: Hearing concluded 191 minutes