Colorado Outfitters Association et al v. Hickenlooper

Filing 155

MINUTE ENTRY for Bench Trial Day 8 held before Chief Judge Marcia S. Krieger on 4/9/2014. Witness testimony, exhibits received/refused/withdrawn and other matters addressed are set forth in the Minutes. 148 Motion in Limine is WITHDRAWN; 150 Motion in Limine is DENIED. Trial continues. Court Reporter: Terri Lindblom. (pglov)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CHIEF JUDGE MARCIA S. KRIEGER
Courtroom Deputy:
Court Reporter:

Patricia Glover
Terri Lindblom

Date: April 9, 2014

Civil Action No. 13-cv-01300-MSK-MJW
Parties:

Counsel:

COLORADO OUTFITTERS ASSOCIATION;
COLORADO FARM BUREAU;
NATIONAL SHOOTING SPORTS
FOUNDATION;
MAGPUL INDUSTRIES;
USA LIBERTY ARMS;
OUTDOOR BUDDIES, INC.;
WOMEN FOR CONCEALED CARRY;
COLORADO STATE SHOOTING
ASSOCIATION;
HAMILTON FAMILY ENTERPRISES, INC.,
d/b/a FAMILY SHOOTING CENTER AT
CHERRY CREEK STATE PARK;
DAVID STRUMILLO;
DAVID BAYNE;
DYLAN HARRELL;
ROCKY MOUNTAIN SHOOTERS SUPPLY;
2ND AMENDMENT GUNSMITH & SHOOTER
SUPPLY, LLC;
BURRUD ARMS INC. D/B/A JENSEN ARMS;
GREEN MOUNTAIN GUNS;
JERRY’S OUTDOOR SPORTS;
GRAND PRIX GUNS;
SPECIALTY SPORTS & SUPPLY; and
GOODS FOR THE WOODS;

Peter J. Krumholz
Richard A. Westfall
Douglas L. Abbott
Marc F. Colin

Anthony J. Fabian
David B. Kopel

Plaintiffs
v.
JOHN W. HICKENLOOPER, Governor of the
State of Colorado,
Defendant.

Matthew D. Grove
Kathleen L. Spalding
Stephanie L. Scoville
LeeAnn Morrill

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 2
COURTROOM MINUTES
HEARING: Bench Trial - Day Eight
8:48 a.m.

Court in session

Counsel present as listed above.
Continued cross examination of witness Douglas Fuchs by Mr. Colin.
Re-direct examination of witness by Ms. Spalding.
The Court addresses plaintiffs’ motions in limine (Doc. #148, #150).
Argument.
ORDER:

Plaintiff’s motion in limine (Doc. #150) is DENIED. Plaintiff’s motion in limine
(Doc. #148) is WITHDRAWN.

Witness sworn for the defendant: Jeffrey Zax:
9:56 a.m.
Direct examination of witness by Mr. Grove.
10:24 a.m.
10:53 a.m.

Court in recess
Court in session

Continued direct examination of witness by Mr. Grove.
EXHIBITS: Received:

66, 67, 68, 69, 70, 59, 60, 61, 62, 63, 65

Counsel stipulate to facts as read into and reflected on the record.
12:08 p.m.
1:46 p.m.

Court in recess
Court in session

Witness called out of order:
Witness sworn for the defendant: Andrew Logan:
1:47 p.m.
Direct examination of witness by Ms. Scoville.
Cross examination of witness by Mr. Fabian.
No re-direct examination of witness.
Continued direct examination of witness Jeffrey Zax by Mr. Grove resumes.

Courtroom Minutes
Chief Judge Marcia S. Krieger
Page 3
EXHIBITS: Received:

78, 73

Cross examination of witness by Mr. Krumholz.
3:14 p.m.
3:41 p.m.

Court in recess
Court in session

Continued cross examination of witness by Mr. Grove.
Re-direct examination of witness by Mr. Krumholz
Witness sworn for the defendant: Randy Hampton:
4:45 p.m.
Direct examination of witness by Ms. Scoville.
Cross examination of witness by Mr. Fabian.
No redirect examination of witness.
Plaintiff makes a proffer regarding the evidentiary issue that arose during Mr. Zak’s testimony.
EXHIBITS: Received:

140

The Court addresses rebuttal testimony and closing arguments to take place tomorrow.
5:14 p.m.

Court in recess

Total Time: 5 hours 52 minutes.
Trial continued.