HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 271 - Courtroom Minutes 10.23.2023IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
JUDGE CHARLOTTE N. SWEENEY
Civil Action: 21-cv-02063-CNS-SP Date: October 23, 2023
Courtroom Deputy: Julie Dynes Court Reporter: Sarah Mitchell
Parties Counsel
CITY OF FORT COLLINS
Case Collard
John Duval
Maral Shoaei
Andrea Wechter
Plaintiff/Counter Defendant
v.
OPEN INTERNATIONAL LLC
OPEN INVESTMENTS LLC
Kevin McAdam
Alexandria Pierce
Paul Swanson
Alexander White
Defendant/Counter Claimant
COURTROOM MINUTES
JURY TRIAL DAY ONE
Court in Session: 8:03 a.m.
Appearance of counsel. Also present at Plaintiff’s table is Chris Domenic and Travis Storin.
Also present at Defendant’s table is William Corredor and Jennifer LaRue.
Discussion held on deposition testimony and exhibits.
ORDERED: Disputed translations are to be submitted to chambers by 5:00 p.m. today.
Court in recess: 8:21 a.m.
Court in session: 8:32 a.m.
Jurors present.
Case No. 1:21-cv-02063-CNS-SBP Document 271 filed 10/23/23 USDC Colorado pg 1 of 4
Thirty-five (34) potential jurors are brought to the Court.
Court’s preliminary remarks to jurors.
Attorneys and parties are introduced.
Court’s statement of the case to jurors.
Fifteen jurors called to the jury box.
All jurors sworn for voir dire.
8:53 a.m. Voir dire of the jury panel by the Court.
9:23 a.m. Voir dire of the jury panel by Mr. Collard.
9:35 a.m. Voir dire of the jury panel by Mr. McAdam.
Excused for cause:
1. 100509033
Additional juror called to replace excused juror.
Voir dire of additional juror by the Court.
10:01 a.m. Voir dire of additional juror by Mr. Collard.
10:02 a.m. Voir dire of additional juror by Mr. McAdam.
Plaintiff’s Peremptory Challenges:
1. 100497281
2. 100486990
3. 100519446
Defendant’s Peremptory Challenges:
1. 100518219
2. 100500096
3. 100496492
Case No. 1:21-cv-02063-CNS-SBP Document 271 filed 10/23/23 USDC Colorado pg 2 of 4
Nine jurors sworn to try the case:
1. 100505264
2. 100501148
3. 100487099
4. 100512253
5. 100515891
6. 100475560
7. 100515170
8. 100513983
9. 100482162
10:14 a.m. Court in recess.
10:30 a.m. Court in session – jury not present.
Discussion held on juror issue.
Jury present.
Jury preliminary instructed.
10:52 a.m. Opening Statement by Mr. Collard.
11:24 a.m. Opening Statement by Mr. Swanson.
11:54 a.m. Court in recess- jury excused.
1:11 p.m. Court in session - jury not present.
Discussion held on exhibits displayed during deposition testimony.
Jury present.
Witness Sequestration Order outlined by the Court.
ORDERED: Exhibits 1, 2, 4 through 15, 17 through 46, and 48 through 50 are admitted.
Plaintiff’s witness, M. Travis Storin, called and sworn.
1:19 p.m. Direct examination of Mr. Storin by Mr. Collard.
Exhibits 51, 56, 66, 318 and 406 are admitted.
2:43 p.m. Cross examination of Mr. Storin by Mr. Swanson.
Exhibits 525, 526 and 546 are admitted.
Case No. 1:21-cv-02063-CNS-SBP Document 271 filed 10/23/23 USDC Colorado pg 3 of 4
3:14 p.m. Court in recess- jury excused.
3:30 p.m. Court in session – jury present.
3:32 p.m. Continued cross examination of Mr. Storin by Mr. Swanson.
Exhibits 58, 399, 429, 430, 443, 455, 504, 519, 530 (page 6), 548, 725 and 727
(pages 1-8) are admitted.
4:33 p.m. Redirect examination of Mr. Storin by Mr. Collard.
Jury excused, to return tomorrow at 8:30 a.m.
Discussion held on trial timing and resolution of deposition testimony.
Court in Recess: 4:54 p.m. Trial continued. Total time in Court: 06:52
Case No. 1:21-cv-02063-CNS-SBP Document 271 filed 10/23/23 USDC Colorado pg 4 of 4