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HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 278 - Courtroom Minutes 10.27.2023IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHARLOTTE N. SWEENEY Civil Action: 21-cv-02063-CNS-SBP Date: October 27, 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 FIVE Court in Session: 8:16 a.m. Discussion held on the expert testimony, trial timing and jury instructions. Jury present. 8:28 a.m. Continued presentation of the video deposition testimony of Mr. Parrott. Plaintiff’s witness, Aaron McClune, called and sworn. 9:23 a.m. Direct examination of Mr. McClune by Ms. Shoaei. 9:53 a.m. Cross examination of Mr. McClune by Mr. White. Exhibits 495, 514, 570, 571 and 573 are admitted. Case No. 1:21-cv-02063-CNS-SBP Document 278 filed 10/27/23 USDC Colorado pg 1 of 3 10:23 a.m. Redirect examination of Mr. McClune by Ms. Shoaei. 10:34 a.m. Court in recess – jury excused. 10:52 a.m. Court in session. Discussion held on offering witness as an expert. Jury present. Defense witness, Jon Brock, called and sworn. 10:53 a.m. Direct examination of Mr. Brock by Ms. Wechter. Jury excused. Discussion held on timing of witnesses at the end of the day. 12:04 p.m. Court in recess. 1:06 p.m. Court in session - jury present. 1:07 p.m. Cross examination of Mr. Brock by Mr. White. 2:22 p.m. Redirect examination of Mr. Brock by Ms. Wechter. Jury question reviewed at the bench. 2:31 p.m. Juror questions asked of Mr. Brock by the Court. Plaintiff’s witness, Gerry Paul, called and sworn. 2:33 p.m. Direct examination of Mr. Paul by Ms. Shoaei. Exhibits 272, 522 and 738 are admitted. Jury excused. Discussion held on disputed exhibit. 3:07 p.m. Court in recess. 3:22 p.m. Court in session. Discussion held on objection to exhibit. Jury present. Case No. 1:21-cv-02063-CNS-SBP Document 278 filed 10/27/23 USDC Colorado pg 2 of 3 3:23 p.m. Continued direct examination of Mr. Paul by Ms. Shoaei. Exhibit 349 (pages 59, 60, 62) is admitted. 3:38 p.m. Cross examination of Mr. Paul by Mr. White. Exhibit 553 is admitted. 4:01 p.m. Redirect examination of Mr. Paul by Ms. Shoaei. Jury excused, to return Monday at 8:30 a.m. Discussion held on jury instructions, charging conference, and Rule 50 motions. Court in Recess: 4:09 p.m. Trial continued. Total time in Court: 06:18 Case No. 1:21-cv-02063-CNS-SBP Document 278 filed 10/27/23 USDC Colorado pg 3 of 3 Case No. 1:21-cv-02063-CNS-SBP Document 278-1 filed 10/27/23 USDC Colorado pg 1 of 1