AdvanceMe Inc v. RapidPay LLC

Filing 328

Minute Entry for proceedings held before Judge Leonard Davis : Bench Trial (DAY 5) held & completed on 7/20/2007. (Court Reporter Terese Casterline & Jana Bald [Sunbelt Reporting]) (rlf)

AdvanceMe Inc v. RapidPay LLC

Doc. 328

Case 6:05-cv-00424-LED

Document 328

Filed 07/20/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION DATE: July 20, 2007 JUDGE LEONARD DAVIS
L A W CLERKS: Andrea Houston, Nicole Mitchell

COURT REPORTERS: Therese Casterline & Jana Bald

AdvanceMe, Inc. Plaintiff vs. Capital Business Corporation, et al Defendants
ATTORNEYS FOR PLAINTIFFS Ronald Lemieux (Paul Hastings) Michael Edelman (Paul Hastings) Robert Matz (Paul Hastings) Shanee Williams (Paul Hastings) Vid Bhakar (Paul Hastings) Otis Carroll (ICK Firm) Deborah Race (ICK Firm) Parris Sanz - In House Counsel Glen Goldman - CEO

CIVIL ACTION NO: 6:05-CV-424 BENCH TRIAL DAY 5

ATTORNEY FOR DEFENDANT Jeff Sanders (Roberts & Ritholz) Brian Buss (V&E) Joseph Gray (V&E) Willem Schuurman (V&E) Doug McSwane (Potter Minton) Matt Rowan (Potter Minton) For Merchant & Reach

On this day, came the parties by their attorneys and the following proceedings were had: OPEN: TIME:
9:12 am 9:12 am

9:12 am MINUTES:
Trial resumed.

ADJOURN:

Mr. Matz addressed the Court on the Anthony Leroy Wilden deposition and offered Plaintiff's the unplayed deposition as Plaintiff's Exhibit #1984. Without objection, Plaintiff's Exhibit #1984 admitted. Mr. Buss addressed the Court on the Johnsons' ownership of company and would like to tender information on ownership as Defendant's Exhibit # 431. Mr. Lemieux asked for exhibit be sealed. Court will SEAL that exhibit and Defendant's Exhibit #431 admitted. Mr. Gray called Tom Burnside by video deposition.

9:13 am

9:14 am

DAVID J. MALAND, CLERK FILED: 7.20.2007
B Y : Rosa L. Ferguson, Courtroom Deputy

Dockets.Justia.com

Case 6:05-cv-00424-LED PAGE 2 - Proceedings Continued TIME:
9:15 am 10:34 am 10:34 am 10:58 am 10:58 am 11:37 am 11:55 am 12:00 pm 12:00 pm

Document 328

Filed 07/20/2007

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MINUTES:
Deposition of TOM BURNSIDE played for the Court. Mr. Gray will be calling Jeannette Gepford with time to be allotted as follows: 19 minutes to defendant and 2 minutes to plaintiff. Court in recess until 10:50 am. Mr. Schuurman addressed the Court and will change witness. Defendant will call expert, Donald Headlund to the stand to be examined by Mr. Sanders. Witness sworn by the clerk. Direct examination of DONALD HEADLUND by Mr. Sanders. Mr. Sanders passed the witness. Cross examination of Mr. Headlund by Mr. Edelman. Mr. Edelman passed the witness. Redirect examination of Mr. Headlund by Mr. Sanders. Mr. Sanders passed the witness. No further questions of this witness. Witness excused. Mr. Gray will have two short videos. Mr. Edelman will put on . Mr. Sanders offered the demonstrative boards. Court asked for them to review during lunch break. Those exhibits will be Defendant's Exhibits 432 through 436. Court advised parties that they will come within time allotted and advised plaintiff has used 10:47 hours and defendants 10:30 hours. Court in recess until 1:00 pm. Mr. Gray offered Defendant's Exhibit 429A ( Melvin Chasen deposition dated 7/12/2007). Time to be allotted as follows: 9 ½ minutes for plaintiff and 8 minutes for Defendant. Without objection, Defendant's Exhibit 429-A admitted. Mr. Sanders addressed the Court on the previously offered Exhibits prior to the lunch break, and re-offered Defendant's Exhibits 432 - 436 (demonstrative boards) and without objection, Defendant's Exhibits 432 - 436 admitted. Mr. Gray called Mr. Nick Logan by video deposition. Video is 18 minutes all to be allotted against defendant. Video Deposition of NICK LOGAN played for the Court. Mr. Gray called Jeannette Gepford by Video Deposition. Time allotted to parties: 19 ½ for defendant and 2 for plaintiff. Video Deposition of JEANNETTE GEPFORD played for the Court. Mr. Gray offered Cliff Hardwick's deposition - time to be allotted as follows: 12 minutes for defendant and 5 minutes for plaintiff. Court inquired if Defendant also intended to offer Defendant's Exhibit #429B (Chasen's exhibits to deposition). Mr. Gray did offer. Without objection, Defendant's Exhibit 429-B admitted. Mr. Gray indicated Defendant rests.

12:01 pm 12:01 pm 1:03 pm

1:04 pm

1:04 pm 1:05 pm 1:23 pm 1:23 pm 1:45 pm

1:46 pm 1:47 pm

Mr. Edelman recalled Dr. Shamos back to the stand. Direct examination of Dr. MICHAEL SHAMOS by Mr. Edelman.

Case 6:05-cv-00424-LED PAGE 3 - Proceedings Continued TIME:
2:22 pm 3:04 pm 3:05 pm

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MINUTES:
Mr. Edelman passed the witness. Cross examination of Dr. Shamos by Mr. Schuurman. Mr. Schuurman passed the witnesses. No further questions of this witness. Witness excused. Plaintiff closes. Defendant rests and closes. Court asked for clarification on the Hardwick Deposition Exhibit previously offered. Mr. Gray indicated it was Defendant's Exhibit 436. NOTE: Cliff Hardwick's Deposition dated 2/7/2007 offered and admitted as Defendant's Exhibit 436 A (Written Transcript), 436-B (Deposition Exhibits), 436-C (Video Deposition on Disk) and 436-D (Duration List). Court in recess for 10 minutes. Trial resumed. Mr. Lemieux presented closing argument to the Court on behalf of the plaintiff. Mr. Gray presented closing argument to the Court on behalf of the defendant. Mr. Carroll presented rebuttal argument to the Court on behalf of the plaintiff. Court addressed the parties and thanked parties for a well-tried case. Court will take case under advisement. There being nothing further, Court adjourned.

3:05 pm 3:46 pm 3:47 pm 4:22 pm 4:41 pm 4:51 pm 4:52 pm