Predator International, Inc. v. Gamo Outdoor USA, Inc.

Filing 47

Minute Entry for proceedings held before Judge Philip A. Brimmer. Motion Hearing held on 7/22/2009. Granting 38 Motion for Leave to File Excess Pages. Submitting and taken under advisement 9 Motion for Preliminary Injunction. (Court Reporter Janet Coppock) (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 Date: July 22, 2009 Time: 3 hours and 5 minutes

CASE NO. 09-cv-00970-PAB-KMT Parties PREDATOR INTERNATIONAL, INC., Plaintiff (s), vs. GAMO OUTDOOR USA, INC., Defendant (s). James Lewis Steve Fardy Counsel Jeffrey Thennisch Abby Moskovitz

HEARING ON MOTION FOR PRELIMINARY INJUNCTION 8:40 .m. COURT IN SESSION

APPEARANCES OF COUNSEL. Plaintiff's Motion for Preliminary Injunction (Doc #9), filed 5/15/09. Discussion on how this hearing should proceed. Mr. Thennisch objects to defendant's live witnesses and the scope of their testimony.

Page Two 09-cv-00970-PAB-KMT July 22, 2009 ORDERED: Defendant's witnesses will be allowed to testify and will be sequestrated. 8:49 a.m. 9:05 a.m. 9:17 a.m. 9:50 a.m. 10:16 a.m. 10:26 a.m. Opening statements by Mr. Thennisch. Opening statements by Mr. Fardy. Direct examination of defendant's witness John Schild by Mr Fardy. Cross examination by Ms. Moskovitz. COURT IN RECESS COURT IN SESSION Cross examination by Ms. Moskovitz continues. 10:31 a.m. Redirect examination by Mr. Fardy.

Witness excused. 10:44 a.m. 10:58 a.m. 11:08 a.m. Direct examination of defendant's witness Vincent Abrams by Mr Fardy Cross examination by Ms. Moskovitz. Redirect examination by Mr. Fardy.

Witness excused. Court addresses Mr. Lewis' objections to the admission of plaintiff's exhibits 18, 9, 12, 31 and 32. Objections overruled. ORDERED: Plaintiff's exhibits 1 through 41 are ADMITTED for purposes of these proceedings. ORDERED: Defendant's exhibits A1 though A43 are ADMITTED for purposes of these proceedings. 11:21 a.m. 11:35 a.m. Closing arguments by Mr. Thennisch. Closing arguments by Mr. Fardy.

Page Three 09-cv-00970-PAB-KMT July 22, 2009 ORDERED: Plaintiff's Motion for Preliminary Injunction (Doc #9), filed 5/15/09 is TAKEN UNDER ADVISEMENT. ORDERED: Defendant's Emergency Motion for Leave to File Excess Pages (Doc #38), filed 7/17/09 is GRANTED. 11:55 a.m. COURT IN RECESS 185 minutes

Total in court time: Hearing concluded