Federal Trade Commission v. Publishers Business Services, Inc. et al

Filing 243

MINUTES OF PROCEEDINGS - Evidentiary Hearing (Day 3) held on 6/7/2011 before Judge Philip M. Pro. Crtrm Administrator: Donna Sherwood; Pla Counsel: Faye Chen Barnouw, Maricela Segura; Def Counsel: Jeffrey Willis, Brian Reeve, David R. Koch, Peter Winslow Homer; Court Reporter/FTR #: Joan Quiros; Time of Hearing: 9:15 a.m.; Courtroom: 7C; ORDERED Plaintiff's Motion in Limine 237 and Motion for Order Shortening Time 238 are DENIED. Government&# 039;s witnesses: Bruce P. Gale, Dries Dantuma. Plaintiff rests. Defendants' witnesses: Dan R. Fosmier. Exhibits admitted. Evidentiary Hearing continued to 6/8/2011 09:00 AM in LV Courtroom 7C before Judge Philip M. Pro. (See attached Minutes.) (Copies have been distributed pursuant to the NEF - DMS)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
LAS VEGAS, NEVADA
FEDERAL TRADE COMMISSION,
Plaintiff(s),
vs.
PUBLISHERS BUSINESS
SERVICES, INC., et al.
Defendant(s).

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2:08-CV-620-PMP-GWF
MINUTES OF THE COURT
DATED: June 7, 2011

PRESENT: THE HONORABLE PHILIP M. PRO, UNITED STATES DISTRICT JUDGE
DEPUTY CLERK:

Donna Sherwood

RECORDER: Joan Quiros

COUNSEL FOR PLAINTIFF(S): Faye Chen Barnouw, Maricela Segura
COUNSEL FOR DEFENDANT(S): Jeffrey Willis, Brian Reeve,
David R. Koch, Peter Winslow Homer
PROCEEDINGS: EVIDENTIARY HEARING (DAY 3)
9:15 a.m. Court convenes.
IT IS ORDERED Plaintiff’s Motion in Limine [237] and Motion For
Order Shortening Time [238] are DENIED.
BRUCE P. GALE, called on behalf of the Government, is sworn and
testifies on direct examination by Ms. Barnouw.
Government’s
Exhibits 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 40, 42 and 43 are
marked and admitted in evidence.
10:40 a.m. Court stands at recess.
10:50 a.m. Court reconvenes.
On the stipulation of counsel, IT IS ORDERED Government’s Exhibits
39 and 48 are marked and admitted in evidence.
BRUCE P. GALE, having previously been sworn, resumes the stand and
testifies further on cross examination by Mr. Willis, Mr. Koch and
Mr. Homer, redirect examination by Ms. Barnouw and recross
examination by Mr. Homer. (The Court allows defense counsel to
question the witness on direct examination.) Direct examination by
Mr. Willis, Mr. Koch and cross examination by Ms. Barnouw, then is

excused.
2:08-CV-620-PMP-GWF
6/7/2011
Page 2

11:55 a.m. Court stands at recess.
1:15 p.m. Court reconvenes.
DRIES DANTUMA, having previously been sworn, resumes the stand and
testifies further on direct examination by Ms. Barnouw.
2:50 p.m. Court stands at recess.
3:00 p.m. Court reconvenes.
DRIES DANTUMA, having previously been sworn, resumes the stand and
testifies further on direct examination by Ms. Barnouw and cross
examination by Mr. Willis and Mr. Homer, then is excused.
The Plaintiff rests their case-in-chief.
DAN R. FOSMIER, called on behalf of the Defendants, is sworn and
testifies on direct examination by Mr. Reeve. Defendants’ Exhibit
503 is marked and admitted in evidence.
IT IS ORDERED the Evidentiary Hearing is continued to Wednesday,
June 8, 2011, at 9:00 a.m.
4:15 p.m. Court adjourns.
LANCE S. WILSON, CLERK
By:
/s/
Donna Sherwood Deputy Clerk