Function Media, L.L.C. v. Google, Inc. et al

Filing 421

Minute Entry for proceedings held before Magistrate Judge Charles Everingham: Jury Trial held on 1/21/2010. (Court Reporter Shelly Holmes, CSR.) (jml)

Function Media, L.L.C. v. Google, Inc. et al

Doc. 421

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

FUNCTION MEDIA LLC

v. GOOGLE, INC., ET AL

§ § § § CIVIL ACTION NO. 2:07cv279 CE § §

OPEN: 8:34 a.m.

Jury Trial Day Three - Minutes January 21, 2010 ADJOURN: 5:13 p.m. Max Tribble Joe Grinstein Robert Parker Justin Nelson Charles Verhoeven Edward DeFranco Amy Candido Gil Gillam Jim Warriner Shelly Holmes, CSR Jan Lockhart, PLS. CP

ATTORNEYS FOR PLAINTIFF:

ATTORNEYS FOR DEFENDANTS:

LAW CLERK: COURT REPORTER: COURTROOM DEPUTY:

8:34 a.m. Jury in courtroom. Court opened. Mr. Nelson continued his direct examination of Mr. Bratic. 8:42 a.m. Bench conference. 8:43 a.m. The audience was excused from the courtroom for confidential portion of trial.

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Minutes Page 2 8:47 a.m. Bench conference. 8:50 a.m. Mr. Nelson continued his examination of Mr. Bratic 9:15 a.m. Bench conference. 9:16 a.m. Mr. Nelson continued his direct examination of Mr. Bratic. 9:25 a.m. Bench conference. 927 a.m. Mr. Nelson continued his examination of Mr. Bratic. 9:28 a.m. Passed the witness. Court gave instruction to jury and audience. 9:30 a.m. Mr. Verhoeven conducted cross examination of Mr Bratic 9:37 a.m. Bench conference. 9:38 a.m. Mr. Verhoeven continued cross examination of Mr. Bratic. 9:54 a.m. Bench conference. Mr. Verhoeven continued cross examination of Mr. Bratic. 10:11 a.m. Morning recess until 10:30 a.m. Jury left courtroom. 10:12 a.m. Morning Recess. 10:33 a.m. Jury back in courtroom Court resumed. Mr. Verhoeven continued his cross examination of Mr. Bratic. 10:56 a.m. Audience asked to leave courtroom. Courtroom sealed. Mr. Verhoeven continued his cross examination of Mr. Bratic. 10:59 a.m. Unidentified gentleman walked into courtroom. Court asked gentleman to leave due to confidential nature of testimony. 11:00 am Mr. Verhoeven continued cross examination of Mr. Bratic. 11:12 a.m. Bench conference. 11:13 a.m. Mr. Verhoeven continued cross examination of Mr. Bratic

Minutes Page 3 11:20 a.m. Bench conference. 11:21 a.m. Mr. Verhoeven continued cross examination of Mr. Bratic. Audience returned to courtroom at 11:25 a.m. Mr. Verhoeven continued cross examination of Mr. Bratic 11:43 a.m. Re-direct examination by Mr. Nelson of Mr. Bratic. 11:51 a.m. Bench conference. Mr. Nelson continued his re-direct examination of Mr. Bratic. 12:01 p.m. Lunch recess. Jury to be back at 1:15 p.m. 1:17 p.m. Court opened. Mr. Nelson continued his re-direct examination of Mr. Bratic. 1:21 p.m. Susan Wojcicki deposition excerpt used. 1:24 p.m. Bench conference. 1:27 p.m. The Court asked the audience to leave the courtroom for confidential testimony. Courtroom was sealed. 1:33 p.m. Closed portion of testimony concluded. Audience allowed to return to the courtroom. 1:37 p.m. Mr. Verhoeven conducted re-cross examination of Mr. Bratic. 1:42 p.m. The Court asked the audience to leave the courtroom for confidential testimony. Courtroom was sealed. 1:42 p.m. Mr. Verhoeven continued his cross examination of Mr. Bratic. 1:44 p.m. Mr. Nelson conducted re-direct examination of Mr. Bratic. 1:45 p.m. Mr. Tribble indicated that the Plaintiff rests. 1:47 p.m. Bench conference. 1:48 p.m. The audience returned to the courtroom. Mr. DeFranco called Susan Wojcicki to testify. Ms. Wojcicki. was sworn and examined under oath.

Minutes Page 4

2:30 p.m. The Court asked the audience to leave the courtroom for confidential testimony. The courtroom was sealed. Mr. DeFranco continued his direct examination of Ms. Wojcicki. 2:48 p.m. Mr. De Franco concluded his examination of Ms. Wojcicki.. Mr. Tribble conducted Cross Examination of Ms. Wojcicki. 2:49 p.m. Bench conference. 2:50 p.m. Mr. Tribble continued his cross examination of Ms. Wojcicki. 3:13 p.m. Afternoon recess until 3:35 p.m. Jury left the courtroom. 3:38 p.m Jury back in courtroom. The Court asked the audience to leave the courtroom for confidential testimony. The courtroom was sealed. 3:40 p.m. Mr. Tribble continued his cross examination of Ms. Wojcicki. 3:55 p.m. Bench conference. 3:57 p.m. Mr. Tribble continued with his examination of Ms. Wojcicki. 3:59 p.m. Mr. DeFranco conducted re-direct examination of Ms. Wojcicki. 4:14 p.m. Audience returned to courtroom. 4:17 p.m. Mr. Tribble Conducted re-cross examination of Ms. Wojcicki. The Court asked the audience to leave the courtroom for confidential testimony. The courtroom was sealed. 4:18 p.m. Mr. Tribble continued his examination of Ms. Wojcicki.. 4:23 p.m. Mr. DeFranco conducted re-direct examination 4:24 p.m. Mr. Tribble conducted re-cross examination of Ms. Wojcicki. 4:25 p.m. Mr. DeFranco conducted re-direct examination of Ms. Wojcicki. 4:26 p.m. Mr. DeFranco called Jeffrey Dean to testify. Mr. Dean was sworn and examined under oath. 5:10 p.m. Jury excused until 8:30 a.m. 5:11 p.m. Mr. DeFranco inquired as to the Court's procedure on judgments as a matter of law. The Court responded. Mr. Tribble responded. 5:13 p.m. Court adjourned.