Pure Research Products, L.L.C. v. Allergy Research Group, Inc. et al

Filing 134

Minute Entry - Courtroom Minutes for Jury Trial Day 1 held on 10/5/2009 before Judge Richard P. Matsch. ORDERED: Plaintiffs' Motion for Reconsideration of Order Allowing FDA Labeling Requirements, filed October 2, 2009 127 . Court clarifies its previous order, limited purpose of evidence as stated on record. (Attachments: # 1 Redacted Strike Sheet) (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: October 5, 2009 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________ Civil Action No. 06-cv-00381-RPM PURE RESEARCH PRODUCTS, L.L.C., and JOHN A. SICHEL, Plaintiffs, v. ALLERGY RESEARCH GROUP, INC., Defendant. ____________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________ Trial to Jury Day One 8:30 a.m. Court in session. Rick Edwards Robert J. Enders, Jr. Richard A. Marsh William G. Knapp, III

Court's preliminary remarks. Court states its trial procedures. 8:40 a.m. Jurors present.

Court's preliminary remarks to jurors. Court's statement of the case to jurors. All jurors sworn for voir dire. Court voir dires jurors. Court excuses for cause jurors: 100195392 100193898 100190611

October 5, 2009 06-cv-00381-RPM 100186749 100167152 10:52 a.m. to 10:55 a.m. Voir dire continued. Plaintiffs' challenges: 100176030 100186104 100181393 Defendant's challenges: 100197620 100185795 100191668 Twelve jurors selected to try the case: 100197044 100179735 100189039 100161966 100176664 100179422 100168463 100177922 100192697 100181392 100183457 100161805 Court instructs jurors. Jurors excused. ORDERED: Plaintiffs' Motion for Reconsideration of Order Allowing FDA Labeling Requirements, filed October 2, 2009 [[127]. Court clarifies its previous order, "limited purpose of evidence" as stated on record. Court in recess. Court in session. Bench conference: with the exception of two additional questions to Juror 100161966, counsel pass jurors for cause.

11:08 a.m. 11:31 a.m.

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October 5, 2009 06-cv-00381-RPM Jurors present. Twelve jurors sworn to try the case. 11:35 a.m. Plaintiffs' opening statement by Mr. Marsh.

Court instructs jurors. Jurors excused. 12:00 p.m. 1:15 p.m. Court in recess. Court in session.

Jurors present. Court instructs jurors. 1:19 p.m. 1:55 p.m. Defendant's opening statement by Mr. Edwards. Plaintiffs' witness, Luba Shynkarenko, Ph.D., sworn.

Direct examination of Dr. Shynkarenko by Mr. Marsh. Court instructs jurors. Jurors excused. 2:39 p.m. 2:53 p.m. Court in recess. Court in session.

Argument by Mr. Marsh regarding Plaintiffs' Exhibits 221, 222, 223 and 224. Argument by Mr. Edwards. ORDERED: Defendant's objection to Plaintiffs' Exhibits 221, 222, 223 and 224 sustained.

Jurors present. 3:03 p.m. Continued direct examination of Dr. Shynkarenko by Mr. Marsh.

Plaintiffs' Exhibit 43 identified, offered, stipulated and received. Court instructs jurors. Jurors excused. Argument by Mr. Marsh re: Dr. Shynkarenko expert report.

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October 5, 2009 06-cv-00381-RPM Argument by Mr. Edwards (Defendant's objection). ORDERED: Defendant's objection is sustained (not in report then not in evidence).

Jurors present. 3:44 p.m. 3:47 p.m. 4:02 p.m. Continued direct examination of Dr. Shynkarenko by Mr. Marsh. Cross examination of Dr. Shynkarenko by Mr. Edwards. Redirect examination of Dr. Shynkarenko by Mr. Marsh. Bench conference: scheduling.

4:10 p.m. to 4:13 p.m. 4:15 p.m.

Plaintiff, John Sichel, sworn.

Direct examination of Mr. Sichel by Mr. Knapp. Court instructs jurors. Jurors excused until 9:00 a.m. October 6, 2009. 4:30 p.m. Court in recess.

Clerk's Note: Redacted Strike Sheet attached.
Trial continued. Total time: min. 6 hrs. 45 min.

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