Boxer F2, L.P. v. Flamingo West, Ltd. et al.

Filing 123

COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael J. Watanabe: Motion Hearing / Final Pretrial Conference held on 4/29/2015. Taking under advisement 89 Plaintiff's Renewed Motion for Sanctions Pursuant to Fed. R. Civ. P. 37(b)(2). Final Pretrial Order entered. Final Pretrial Conference 5/5/2015 09:00 AM is vacated. Court Reporter: FTR - E. E. Miller. FTR: Courtroom A502. (emill)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No.
Date:

14-cv-00317-PAB-MJW

FTR - Courtroom A-502
Courtroom Deputy, Ellen E. Miller

April 29, 2015

Counsel

Parties

BOXER F2, L.P., a Texas limited partnership,

Christopher A. Taravella
Adrienne L. Toon

Plaintiff(s),
v.

FLAMINGO WEST, LTD.,
d/b/a LEGALWIZ PUBLICATIONS ,
BRONCHICK & ASSOCIATES, P.C.,

William Bronchick
Richard S. Strauss, Sr.

WILLIAM BRONCHICK, and
BRONCHICK & ASSOCIATES, P. C.,
Defendant(s).

COURTROOM MINUTES / MINUTE ORDER
HEARING:
MOTION HEARING / FINAL PRETRIAL CONFERENCE
Court in Session:
2:30 p.m.
Court calls case. Appearances of counsel.
A SEQUESTRATION ORDER is entered by the Court. Witnesses are directed to exit the
courtroom and to not discuss this case or their testimony.
The Court begins hearing on Plaintiff’s Renewed Motion for Sanctions Pursuant to Fed. R. Civ.
P. 37(b)(2) [Docket No. 89].
Plaintiff’s EXHIBITS 12, 13, 16, 17, 18, and 19 are admitted into evidence for the purpose of this
hearing.
2:39 p.m.

Plaintiff calls witness CYNTHIA A. FRANCIS who is sworn and testifies.

Direct-examination of Ms. Francis by Mr. Taravella
Cross-examination of Ms. Francis by Mr. Bronchick
Cross-examination of Ms. Francis by Mr. Strauss.
Re-Direct examination of Ms. Francis by Mr. Taravella
Questions of Ms. Francis by the Court.
Plaintiff’s EXHIBIT 4 is admitted into evidence for the purpose of this hearing.

3:11 p.m.

Witness Cynthia Francis is excused from the stand, subject to recall and is
reminded of the Sequestration Order and admonition prohibiting discussion of
this case and/or her testimony.

3:12 p.m.

Plaintiff calls witness CRAIG SPILLMAN who is sworn and testifies.

Direct-examination of Mr. Spillman by Mr. Taravella
Voir dire of Mr. Spillman by Mr. Strauss
Cross-examination of Mr. Spillman by Mr. Bronchick
Cross-examination of Mr. Spillman by Mr. Strauss.
Plaintiff’s EXHIBIT 6, Pages 31 and 32 are admitted into evidence for the purpose of this
hearing.
Plaintiff’s EXHIBIT 5 is admitted into evidence for the purpose of this hearing.
Plaintiff’s EXHIBIT 8 is admitted into evidence for the purpose of this hearing.
Plaintiff’s EXHIBIT 7-1 and 7-2, with initials placed on drawing to indicate witness positions, are
admitted into evidence for the purpose of this hearing.
Plaintiff’s EXHIBIT 9 is admitted into evidence for the purpose of this hearing.
Plaintiff’s EXHIBITS 10-1 through and including 10-5 are admitted into evidence for the
purpose of this hearing.
Plaintiff’s EXHIBITS 11-1 through and including 11-5 are admitted into evidence for the
purpose of this hearing.
Plaintiff’s EXHIBITS 14-1 and 14-2 are admitted into evidence for the purpose of this hearing.
Plaintiff’s EXHIBITS 15-1 and 15-2 are admitted into evidence for the purpose of this hearing.
3:55 p.m.

Witness Craig Spillman is excused from the stand, subject to recall and is
reminded of the Sequestration Order and admonition prohibiting discussion of
this case and/or his testimony.

3:56 p.m.

Plaintiff calls ROBERT F. AUCONE who is sworn and testifies.

Direct-examination of Mr. Aucone by Mr. Taravella
Cross-examination of Mr. Aucone by Mr. Bronchick
Cross-examination of Mr. Aucone by Mr. Strauss.
4:30 p.m.

Witness Robert F. Aucone is excused from the stand, subject to recall and is
reminded of the Sequestration Order and admonition prohibiting discussion of
this case and/or his testimony.

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4:31 p.m.

Defendants William Bronchick, and Bronchick & Associates, P. C., represented
by Mr. Strauss, call ADRIENNE L. TOON.

Objection by Mr. Taravella on behalf of Plaintiff regarding Ms. Toon being called as a witness is
sustained. Ms. Toon is not sworn and does not testify, and returns to counsel table.
4:32 p.m.
4:47 p.m.
4:50 p.m.

Argument by Mr. Taravella.
Argument by Mr. Bronchick
Argument by Mr. Strauss

It is ORDERED:

PLAINTIFF’S RENEWED MOTION FOR SANCTIONS PURSUANT TO
Fed. R. Civ. P. 37(b)(2) [Docket No. 89, filed March 02, 2015] is
TAKEN UNDER ADVISEMENT. The court will issue its written Order.

The proposed Final Pretrial Order is reviewed.
It is ORDERED:

The proposed FINAL PRETRIAL ORDER [Docket No. 119, filed April 28,
2015] which was tendered to the court, and modified from the bench, is
made an order of court.
Counsel shall conference call Judge Brimmer’s chambers April 30, 2015
between 8:30 a.m. and 4:30 p.m. to obtain trial settings.

It is ORDERED:

The FINAL PRETRIAL CONFERENCE set MAY 05, 2015 at 9:00 a.m.
Is VACATED.

Hearing concluded.
Court in recess: 5:08 p.m.
Total In-Court Time 02:38

To order a transcript of this proceedings, contact Avery Wood Reports

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