Port-a-Pour, Inc. v. Peak Innovations, Inc. et al

Filing 61

MINUTE ENTRY for Evidentiary Hearing (Day 3) held on 1/14/2014 proceedings held before Judge Wiley Y. Daniel. Taking under advisement 35 Motion for Preliminary Injunction. Counsel shall file a status report, indicating when the transcripts for th is hearing will be provided to counsel, in not later than seven (7) days of todays date. Parties shall file their proposed findings of fact and conclusions of law not later than ten (10) days after receipt of the transcripts. Court Reporter: Mary George and Tammy Hoffschildt. (wydcd, rrk) Modified on 1/16/2014 to add Day 3 (wydcd, rrk).

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

Courtroom Deputy: Robert R. Keech
E.C.R./Reporters:
Mary George a.m.
and Tammy Hoffschildt p.m.

Date: January 14, 2014

Civil Action No: 13-cv-01511-WYD-BNB

Counsel:

PORT-A-POUR, INC.,

Daniel J. Culhane

Plaintiff,
v.
PEAK INNOVATIONS, INC., and
MARK E. NELSON,

Alan F. Blakley
John D. Root

Defendants.

COURTROOM MINUTES

MOTIONS HEARING (DAY 3) - continued from January 13, 2014
10:05 a.m.

Court in Session

10:06 a.m.

Defendants’ witness Mark Edward Nelson resumes.

10:06 a.m.

Direct examination by Defendants continues (Mr. Blakley).
EX ID:
36

10:12 a.m.

Statement by Plaintiff regarding Defendants’ use of Auto CAD files only for
purposes of the litigation and not used for any other purposes (Mr. Culhane).

ORDERED:

Plaintiff's disk of all of the Auto CAD drawings of Port-a-Pour's products shall
only be used by Defendants for purposes of the litigation and shall not be used
for any other purposes.

10:13 a.m.

Cross examination by Plaintiff (Mr. Culhane).
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10:16 a.m.

Court’s examination of witness.

10:21 a.m.

Cross examination by Plaintiff continues (Mr. Culhane).
EX ID:
34, D-31, 11, 34

10:58 a.m.

Re-Direct examination by Defendants (Mr. Blakley).

11:14 a.m.

Court’s examination of witness.

11:22 a.m.

Re-Direct examination by Defendants continues (Mr. Blakley).

11:23 a.m.

Court’s examination of witness.
EX ID:
36

11:41 a.m.

Defendants rest.

11:42 a.m.

Court in Recess

1:47 p.m.

Court in Session
Tammy Hoffschildt begins as Court Reporter.

1:47 p.m.

Argument by Plaintiff (Mr. Culhane).

2:24 p.m.

Argument by Defendants (Mr. Blakley).

2:38 p.m.

Discussion regarding counsel ordering transcripts and the submission of
proposed findings of fact and conclusions of law.

ORDERED:

Plaintiffs' Motion for Preliminary Injunction [ECF Doc. No. 35], filed October 25,
2013, is TAKEN UNDER ADVISEMENT.

ORDERED:

Counsel shall file a status report, indicating when the transcripts for this hearing
will be provided to counsel, in not later than seven (7) days of today’s date.

ORDERED:

Parties shall file their proposed findings of fact and conclusions of law not later
than ten (10) days after receipt of the transcripts.

2:50 p.m.

Court in Recess - HEARING CONCLUDED.

CLERK’S NOTE:

EXHIBITS WERE RETURNED TO COUNSEL AT THE CONCLUSION
OF THE HEARING.

TOTAL TIME: 2:40
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