CCC Group, Inc. v. Martin Engineering Company

Filing 395

Minute Entry - Courtroom Minutes for Bench Trial Day 1 held on 9/1/2009 before Judge Richard P. Matsch. ORDERED: Defendant Martin Engineering Company's Motion to Compel, or in the Alternative, Motion To Sanction by Exclusion or Negative Inferenc es, filed August 28, 2009 394 , resolved pursuant to Court's rulings as stated on record. Counsel to produce documents as instructed (Docs. 184, 190, 194, 195, 436, 72, 94, 132, 150, 171, 172, 198, 258 and 376). (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: September 1, 2009 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________
Civil Action No. 05-cv-00086-RPM CCC GROUP, INC., Plaintiff, v. MARTIN ENGINEERING COMPANY, Defendant. Mark A. Hagedorn Peter A. Gergely Robert McRae Ted D. Lee Richard K. Kornfeld Peter Gergely

____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Trial to Court on Defendant's Counterclaim Day One 8:59 a.m. Court in session.

Court instructs counsel that all pleadings to be filed will be done in open court during the course of the trial pursuant to its trial practices. Court's remarks regarding parties' filed written opening statements. Argument by Mr. Lee and Mr. Hagedorn regarding defendant's motion to compel [394]. 9:09 a.m. Defendant's witness, Todd Swinderman, sworn.

Direct examination of Mr. Swinderman by Mr. Hagedorn. Reference to Plaintiff's Exhibits 4 and 7. Plaintiff's Exhibit 2 identified, offered, stipulated and received. Reference to Defendant's Exhibits A-23, D-62, D-63, G-42, A-83, H-9 and H-6. Defendant's Exhibit G-97 identified, offered, stipulated and received. 10:35 a.m. 10:44 a.m. 10:45 a.m. Court in recess. Court in session. Continued direct examination of Mr. Swinderman by Mr. Hagedorn.

Reference to Plaintiff's Exhibits 4 and 7. Reference to Defendant's Exhibits G-97, C-18, E-5, C-26, C-88 and A-31.

September 1, 2009 05-cv-00086-RPM Defendant's Exhibit A-28 received. Defendant's Exhibit L-78 identified, offered and received. 11:54 a.m. Cross examination of Mr. Swinderman by Mr. Lee.

Discussion regarding scheduling. 12:05 p.m. 1:30 p.m. Court in recess. Court in session.

Court's statements regarding its review of priviledge documents. 1:32 p.m. Continued cross examination of Mr. Swinderman by Mr. Lee.

Reference to Plaintiff's Exhibits 7, 102, 62, 134, 76, 84, 130, 102, 137 and 135. Plaintiff's Exhibit 2005 identified, offered and received. Reference to Defendant's Exhibits B-79 and B-94. 2:18 p.m. Redirect examination of Mr. Swinderman by Mr. Hagedorn.

Reference to Plaintiff's Exhibit 7. 2:25 p.m. Defendant's witness, John Fischer, sworn.

Direct examination of Mr. Fischer by Mr. Hagedorn. Reference to Defendant's Exhibits A-83 and A-31. Defendant's Exhibits L-1 and B-33 identified, stipulated, offered and received. Reference to Plaintiff's Exhibit 30. 3:14 p.m. 3:29 p.m. 3:30 p.m. Court in recess. Court in session. Continued direct examination of Mr. Fischer by Mr. Hagedorn.

Defendant's Exhibits L-12, L-44, B-85, I-60, K-38, K-39 and L-16 identified, offered and received. Plaintiff's Exhibit 42 identified, offered, stipulated and received. Reference to Defendant's Exhibits A-41 and C-47. Discussion regarding scheduling. Argument by counsel regarding privilege documents [394].

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September 1, 2009 05-cv-00086-RPM Court rules on privilege documents as stated on record. ORDERED: Defendant Martin Engineering Company's Motion to Compel, or in the Alternative, Motion To Sanction by Exclusion or Negative Inferences, filed August 28, 2009 [394], resolved pursuant to Court's rulings as stated on record. Counsel to produce documents as instructed (Docs. 184, 190, 194, 195, 436, 72, 94, 132, 150, 171, 172, 198, 258 and 376).

5:04 p.m. Court in recess.
Trial continued. Total time: 6 hrs. 10 min.

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