Zeiler Farms, Inc. v. Anadarko E & P Company LP et al

Filing 104

Minute Entry for Bench Trial (Day 1) held on 4/19/2010 before Chief Judge Wiley Y. Daniel. Denying 90 Defendant Unioil, Inc.'s Amended Motion to Exclude the Testimony of Plaintiff's Expert, Ron Briggs. (Court Reporter Therese Lindblom) (wydcd, rrk)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CHIEF JUDGE WILEY Y. DANIEL

Courtroom Deputy: E.C.R./Reporter:

Robert R. Keech Therese Lindblom

Date: April 19, 2010

Civil Action No: 07-cv-01985-WYD-MJW ZEILER FARMS, INC., Plaintiff, v. ANADARKO E.P. COMPANY, L.P., et al., Defendants.

Counsel: Thomas R. Rice Lance Astrella

Michael J. Gallagher Osborne J. Dykes, III Ken Wonstolen

COURTROOM MINUTES

TRIAL TO COURT (DAY 1) 9:18 a.m. Court in Session APPEARANCES OF COUNSEL. Court's opening remarks. 9:19 a.m. 9:21 a.m. 9:28 a.m. Opening statement by Plaintiff (Mr. Astrella). Opening statement by Defendants (Mr. Dykes). Opening statement by Defendants (Mr. Gallagher).

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9:36 a.m.

Plaintiff's witness Conrad Zeiler sworn. Direct examination by Plaintiff (Mr. Astrella). EX ID: 2, 1, 3, 4, 5, 13, 9, 10, 11

Exhibit/s 2, 1, 3, 4, 5, 13, 9, 10, 11 RECEIVED. 10:40 a.m. Cross examination by Defendants (Mr. Gallagher). EX ID: 1, 44, 5, 13, 10, 49

Exhibit/s 44 RECEIVED. 11:22 a.m. 11:50 a.m. Court in Recess Court in Session Plaintiff's witness Conrad Zeiler resumes. 11:50 a.m. 11:53 a.m. Cross examination by Defendants continues (Mr. Gallagher). Cross examination by Defendants (Mr. Dykes). EX ID: A33, 37, 38, 39, A31, 8

Exhibit/s A33, 8 RECEIVED. 12:21 p.m. Re-Direct examination by Plaintiff (Mr. Astrella). EX ID: 10, A33, 14, 48, A22, 8, 7, 6, A21, A22, A23, A24, A25, A26, A27, A28, A29, A30

Exhibit/s 14, 48, 7, 6, A21 A22, A23, A24, A25, A26, A27, A28, A29, A30 RECEIVED. 12:34 p.m. 12:43 p.m. 2:01 p.m. Court's examination of witness. Court in Recess Court in Session Plaintiff's witness Richard Zeiler sworn. Direct examination by Plaintiff (Mr. Astrella). EX ID: 5, 15, 17, 18, 19 Exhibit/s 15, 17, 18, 19 RECEIVED.

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2:27 p.m.

Cross examination by Defendants (Mr. Gallagher). EX ID: 17, 16, A4, A5

Exhibit/s 16, A4, A5 RECEIVED. 3:00 p.m. Cross examination by Defendants (Mr. Dykes). EX ID: 170 Re-Direct examination by Plaintiff (Mr. Astrella). EX ID: 1 Re-Cross examination by Defendants (Mr. Gallagher). Court in Recess Court in Session Plaintiff's witness Arthur Ronald Briggs sworn. Direct examination by Plaintiff (Mr. Astrella). EX ID: 1, 9 Witness tendered and accepted as an expert. ORDERED: Defendant Unioil, Inc.'s Amended Motion to Exclude the Testimony of Plaintiff's Expert, Ron Briggs [doc. #90], filed April 2, 2010, is DENIED. Cross examination by Defendants (Mr. Dykes). EX ID: 26, deposition of Ron Briggs (8/6/08) for purposes of impeachment, 22 Court in Recess - TRIAL CONTINUED

3:07 p.m.

3:13 p.m. 3:15 p.m. 3:34 p.m. 3:34 p.m.

4:11 p.m.

4:59 p.m.

TOTAL TIME: 5:36

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