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

Filing 193

MINUTE ENTRY for proceedings held before Judge Philip A. Brimmer. Bench Trial - Day One held on 10/26/2015. ORDER granting 163 Motion to Strike. Court Reporter: Janet Coppock. (kpreu)

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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: October 26, 2015 Time: 6 hours and 23 minutes CASE NO. 14-cv-00317-PAB-MJW Parties Counsel BOXER F2, L.P., Christopher Taravella Adrienne Toon Plaintiff, vs. FLAMINGO WEST, LTD., BRONCHICK & ASSOCIATES, WILLIAM BRONCHICK, and BRONCHICK & ASSOCIATES, P.C., William Bronchick Richard Strauss Angela DeVine Defendants. TRIAL TO COURT - DAY ONE 8:42 a.m. COURT IN SESSION APPEARANCES OF COUNSEL. Also present is plaintiff’s representative Zachary Segal. Court and counsel discuss pending pretrial matters. Page Two 14-cv-00317-PAB-MJW October 26, 2015 ORDERED: Defendants Bronchick & Associates, P.C. and William Bronchicks’ Motion to Strike Plaintiff’s Second Supplemental Expert Disclosure Pursuant to Fed.R.Civ.P. 26(a)(2)(E) [Docket No. 163], is GRANTED. 8:49 a.m. Opening statement by Ms. Toon. 9:04 a.m. Opening statement by Ms. DeVine. Defendant Flamingo West, Ltd. waives its opening statement. 9:15 a.m. Direct examination of defendant William Bronchick by Mr. Taravella. Plaintiff’s exhibits 1 through 5 (inclusive) identified, offered and ADMITTED. Plaintiff’s exhibit 7 identified, offered and ADMITTED. Plaintiff’s exhibit 8 identified, offered and ADMITTED. Plaintiff’s exhibit 9 identified, offered and ADMITTED. Plaintiff’s exhibit 12 identified, offered and ADMITTED, over objections by Mr. Strauss and Mr. Bronchick. Plaintiff’s exhibit 18 identified, offered and ADMITTED, over objection by Mr. Strauss and Mr. Bronchick. Plaintiff’s exhibit 57 identified, offered and ADMITTED, over objection by Mr. Strauss and Mr. Bronchick. Plaintiff’s exhibit 144 identified, offered and ADMITTED, over objection by Mr. Strauss. Plaintiff’s exhibit 15 identified, offered and ADMITTED, over objection by Mr. Strauss and Mr. Bronchick. Plaintiff’s exhibit 17 identified, offered and ADMITTED, over objection by Mr. Strauss. 10:30 a.m. COURT IN RECESS 10:50 a.m. COURT IN SESSION Direct examination by Mr. Taravella continues. Page Three 14-cv-00317-PAB-MJW October 26, 2015 Plaintiff’s exhibit 21 identified, offered and ADMITTED. Plaintiff’s exhibit 22 identified, offered and ADMITTED. Plaintiff’s exhibit 19 identified, offered and ADMITTED. Plaintiff’s exhibit 30 identified, offered and ADMITTED, over objections by Mr. Strauss and Mr. Bronchick. Plaintiff’s exhibit 9 identified, offered and ADMITTED. Plaintiff’s exhibit 68 identified, offered and ADMITTED, over objection by Mr. Strauss. Plaintiff’s exhibit 24 identified, offered and ADMITTED. Plaintiff’s exhibit 25 identified, offered and ADMITTED. Plaintiff’s exhibit 26 identified, offered and ADMITTED. Plaintiff’s exhibit 28 identified, offered and ADMITTED. Plaintiff’s exhibits 45 through 49 (inclusive) identified, offered and ADMITTED, over objection by Mr. Strauss. Plaintiff’s exhibit 55 identified, offered and ADMITTED, over objections by Mr. Strauss and Mr. Bronchick. Plaintiff’s exhibit 56 identified, offered and ADMITTED, over objection by Mr. Strauss. Plaintiff’s exhibits 69 through 100 (inclusive) first page each identified, offered and ADMITTED, over objection by Mr. Strauss and Mr. Bronchick. Plaintiff’s exhibits 103 through 109 (inclusive) and 111 identified, offered and ADMITTED, over objection by Mr. Strauss and Mr. Bronchick. Plaintiff’s exhibit 112 identified, offered and ADMITTED. Plaintiff’s exhibit 122 identified, offered and ADMITTED. 12:15 p.m. COURT IN RECESS 1:47 p.m. COURT IN SESSION Page Four 14-cv-00317-PAB-MJW October 26, 2015 Direct examination by Mr. Taravella continues. Plaintiff’s exhibit 124 identified, offered and ADMITTED, over objection by Mr. Strauss. Plaintiff’s exhibit 131 identified, offered and ADMITTED. Plaintiff’s exhibit 120 identified, offered and ADMITTED. Plaintiff’s exhibit 11 identified, offered and ADMITTED, over objection by Mr. Strauss. Plaintiff’s exhibits 61(beginning at page 5), 62, 63 (beginning at page 6), 64 (beginning at page 5), and 65 (beginning at page 5) identified, offered and ADMITTED, over objection by Mr. Strauss and Mr. Bronchick. 3:05 p.m. COURT IN RECESS 3:25 p.m. COURT IN SESSION Direct examination by Mr. Taravella continues. Plaintiff’s exhibit 67 (pages 6 through 19) identified, offered and ADMITTED. 5:09 p.m. COURT IN RECESS Total in court time: Hearing continued 383 minutes

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