Registry Systems International, Ltd. v. Hamm et al

Filing 354

Minute Entry for proceedings held before Judge Philip A. Brimmer. Jury Trial held on 4/12/2010. Order Granting 349 Motion for Leave. (Court Reporter Janet Coppock and Suzanne Claar) (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 and Suzanne Claar CASE NO. 08-cv-00495-PAB-MJW Parties REGISTRY SYSTEMS INTERNATIONAL, Ltd., Plaintiff, vs. VINCENT HAMM, KAREN HAMM, AIM HIGH!, INC., and 1 DOMAIN SOURCE, LTD., Defendants and Third Party Plaintiffs, vs. EDWARD J. SWEENEY, CHARLES A. SWEENEY, and CAPITAL NETWORKS, PTY., LTD., Third-Party Defendants. Terrence Gill Joseph Bronesky Counsel Terrence Gill Joseph Bronesky Date: April 12, 2010 Time: 6 hours and 53 minutes

Kenzo Kawanabe Elizabeth Smith Titus

TRIAL TO JURY - DAY ONE

Page Two 08-cv-00495-PAB-MJW April 12, 2010 8:05 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Third Party Defendant Edward Sweeney and Defendants Third Party Plaintiffs Vincent Hamm and Karen Hamm are present. Court and counsel discuss pending pretrial matters. ORDERED: Defendants and Third-Party Plaintiffs' Motion for Leave to Submit Responses to Plaintiff and Third Party Defendants' Amended Trial Brief (Doc #349), filed 4/11/10 is GRANTED. 8:30 a.m. 8:50 a.m. COURT IN RECESS COURT IN SESSION

Court introduces itself and staff. Counsel introduces themselves and reads their lists of witnesses. 8:55 a.m. 10:00 a.m. 10:10 a.m. 10:23 a.m. 10:25 a.m. 10:41 a.m. Voir dire begins. Voir dire by Mr. Gill. Voir dire by Ms. Titus. Voir dire by the Court. COURT IN RECESS COURT SESSION

PLAINTIFF'S PEREMPTORY CHALLENGES: 1. 100179077 2. 100166423 3. 100168256
DEFENDANT'S PEREMPTORY CHALLENGES: 1. 1001168859 2. 1001160828 3. 100186190

Page Three 08-cv-00495-PAB-MJW April 12, 2010 JURORS SEATED TO TRY THE CASE: 1. 1001189645 2. 1001181714 3. 1001187102 4. 1001187710 5. 1001185404 6. 1001199570 7. 1001179895 8. 1001161611 9. 1001164885 10:50 a.m. Jurors sworn.

Introductory jury instructions read. 11:09 a.m. 11:44 a.m. 12:11 p.m. 1:40 p.m. Opening statements by Mr. Gill. Opening statements by Mr. Kawanabe. COURT IN RECESS COURT IN SESSION

Jurors are present. ORDERED: Plaintiff's exhibits 1, 7, 9, 10, 11, 14, 15, 24, 58, 63, 65, 85, 101, 102, 132, 169, 176, 181, 193 through 217 (inclusive), 223, 227 through 229 (inclusive), 233, 235, 236, 238, 239, 319, 540, 541, 562, 563, 569 through 572 (inclusive) offered and ADMITTED by stipulation. ORDERED: Defendants' exhibits A-1 through A-4 (inclusive), A-6, A-8, A-9, A-14, A-16, A-17, A-19, A-20, A-29 through A-40 (inclusive), A-43 through A48 (inclusive), A-51 through A-54 (inclusive), A-57 through A-63 (inclusive), A-65, A-67, A-69, A-73 through A-75 (inclusive), A-82, A95, A-97 through A-99 (inclusive), B-1, B-3, B-6 through B-9 (inclusive), B-11 through B-17 (inclusive), B-26 through B-29 (inclusive), B-32, B-45, and B-46 offered and ADMITTED by stipulation. 1:51 p.m. Direct examination of plaintiff's witness Edward Sweeney by Mr. Gill.

Page Four 08-cv-00495-PAB-MJW April 12, 2010 Plaintiff's exhibit 2 identified and offered. Objection by Mr. Kawanabe. 2:39 p.m. Bench conference to address Mr. Kawanabe's objection. Objection overruled.

ORDERED: Plaintiff's exhibit 2 is ADMITTED. Plaintiff's exhibit 3 identified, offered and ADMITTED, over objection by Mr. Kawanabe. Plaintiff's exhibit 8 identified and offered. Objection by Mr. Kawanabe. 3:10 p.m. 3:28 p.m. COURT IN RECESS COURT IN SESSION

Mr. Kawanabe advises that Mr. Gill has agreed to substitute plaintiff's exhibit as a complete document and withdraws his objections. ORDERED: Plaintiff's exhibit 8 is ADMITTED. Plaintiff's exhibit 559 identified, offered and ADMITTED. Defendants' exhibit A-94 identified, offered and ADMITTED. Plaintiff's exhibit 110 identified, offered and ADMITTED. Plaintiff's exhibit 584 identified, offered and ADMITTED. Plaintiff's exhibit 147 identified, offered and ADMITTED. Plaintiff's exhibit 471 identified, offered and ADMITTED. Plaintiff's exhibit 166 identified, offered and ADMITTED. Plaintiff's exhibit 538 identified, offered and ADMITTED. Plaintiff's exhibit 581 identified, offered and ADMITTED. Plaintiff's exhibit 478 identified, offered and ADMITTED, after voir dire by Mr. Kawanabe.

Page Five 08-cv-00495-PAB-MJW April 12, 2010 Plaintiff's exhibit 150 identified, offered and ADMITTED. Plaintiff's exhibit 173 identified, offered and ADMITTED. Plaintiff's exhibit 432 identified, offered and ADMITTED. Plaintiff's exhibit 334 identified, offered and ADMITTED. Plaintiff's exhibit 4 identified, offered and ADMITTED over objection. Plaintiff's exhibit 5 identified, offered and ADMITTED over objection. Mr. Kawanabe objects to Mr. Gill's line of questioning on the grounds of foundation. Objection sustained. 4:52 p.m. Bench conference. Mr Kawanabe indicates a stipulation has been reached and he withdraws his objection.

Court advises the jury and withdraws its sustaining of Mr. Kawanabe's objection. Plaintiff's exhibit 604 identified, offered and ADMITTED. 5:00 p.m. 5:05 p.m. Jurors excused. COURT IN RECESS 413 minutes

Total in court time: Hearing continued