Sola Salon Studios, LLC v. Heller et al

Filing 93

Minute Entry for proceedings held before Judge Philip A. Brimmer. Jury Trial held on 7/26/2010. Reserving ruling on 61 Motion in Limine. (Court Reporter Janet Coppock) (pabcd)

-BNB Sola Salon Studios, LLC v. Heller et al

Doc. 93

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: July 26, 2010 Time: 6 hours and 58 minutes

CASE NO. 08-cv-01565-PAB-BNB Parties SOLA SALON STUDIOS, LLC, Plaintiff (s), vs. CECILIA (DHS) HELLER, Trustee, CECILIA (PNS) HELLER, Trustee, CECILIA (MBS) HELLER, Trustee, Defendant (s). Darrell Waas Patricia Campbell Counsel John Madden Tami Sapp

TRIAL TO JURY - DAY ONE 8:09 a.m. COURT IN SESSION

APPEARANCES OF COUNSEL. Plaintiff representative Matthew Briger and Defendant representatives David Simon and Peter Simon are also present. Court and counsel discuss pending pretrial matters.

Dockets.Justia.com

Page Two 08-cv-01565-PAB-BNB July 26, 2010 ORDERED: Court RESERVES ruling on Plaintiff's Motion in Limine (Doc #61), filed 6/14/10. 8:30 a.m. 8:54 p.m. COURT IN RECESS COURT IN SESSION Jury pool is present. Court and its staff introduced. Counsel introduces themselves and parties seated at counsel's table. 9:02 a.m. 9:57 a.m. 10:02 a.m. 10:06 a.m. 10:15 a.m. Jurors sworn and voir dire begins. Voir dire by Mr. Madden. Voir dire by Mr. Waas. Bench conference. Voir dire completed and jurors are sworn.

EXCUSED FOR CAUSE BY THE COURT 1. -0PLAINTIFF'S PEREMPTORY CHALLENGES: 1. 100168735 2. 100189592 3. 100174467
DEFENDANT'S PEREMPTORY CHALLENGES: 1. 100168739 2. 100166519 3. 100170641 JURORS QUESTIONED AND NOT SELECTED, SERVING OR CHALLENGED: 1. -0-

Page Three 08-cv-01565-PAB-BNB July 26, 2010 JURORS SEATED TO TRY THE CASE: 1. 100185029 2. 100189523 3. 100175445 4. 100170315 5. 100194367 6. 100189798 7. 100199563 8. 100195510 9. 100195854 10:27 a.m. 10:42 a.m. COURT IN RECESS COURT IN SESSION Introductory jury instructions read. 11:03 a.m. 11:25 a.m. 12:00 p.m. 1:30 p.m. Opening statement by Mr. Madden. Opening statement by Mr. Waas. COURT IN RECESS COURT IN SESSION Direct examination of plaintiff's witness Susan Wilson by Mr. Madden. Plaintiff's exhibit 2 identified, offered and ADMITTED. Plaintiff's exhibit 3 identified, offered and ADMITTED. Plaintiff's exhibit 7 identified, offered and ADMITTED. 1:55 p.m. Cross examination by Mr. Waas.

Defendant's exhibit A-9 identified, offered and ADMITTED. Plaintiff's exhibit 19 identified, offered and ADMITTED. 2:10 p.m. Redirect examination by Mr. Madden.

Page Four 08-cv-01565-PAB-BNB July 26, 2010 Witness excused. 2:14 p.m. Direct examination of plaintiff's witness Matthew Briger by Mr. Madden.

Plaintiff's exhibit 8 identified, offered and ADMITTED. Plaintiff's exhibit 9 identified, offered and ADMITTED. Plaintiff's exhibit 11 identified, offered and ADMITTED. Plaintiff's exhibit 13 identified, offered and ADMITTED. Plaintiff's exhibit 24 identified, offered and ADMITTED. Plaintiff's exhibit 16 identified, offered and ADMITTED. Plaintiff's exhibit 43 identified, offered and ADMITTED. Plaintiff's exhibit 44 identified, offered and ADMITTED. Plaintiff's exhibit 71 identified, offered and ADMITTED. Plaintiff's exhibit 18 identified, offered and ADMITTED. 3:15 p.m. 3:35 p.m. COURT IN RECESS COURT IN SESSION Direct examination by Mr. Madden continues. Plaintiff's exhibit 76 identified, offered and ADMITTED. Plaintiff's exhibit 78 identified, offered and ADMITTED. Defendant's exhibit A-34 identified, offered and ADMITTED. Defendant's exhibit A-35 identified, offered and ADMITTED. Defendant's exhibit A-36 identified, offered and ADMITTED. Plaintiff's exhibit 81 identified, offered and ADMITTED.

Page Five 08-cv-01565-PAB-BNB July 26, 2010 Plaintiff's exhibit 102 identified, offered and ADMITTED. Plaintiff's exhibit 127 (demonstrative) identified, offered and ADMITTED. Plaintiff's exhibit 131 identified, offered and ADMITTED. 4:25 p.m. 5:02 p.m. 5:05 p.m. 5:24 p.m. Cross examination by Mr. Waas. Jurors excused. COURT IN RECESS COURT IN SESSION

Court and counsel discuss pending matters. 5:55 p.m. COURT IN RECESS 418 minutes

Total in court time: Hearing continued