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HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 279 - Courtroom Minutes 10.30.2023IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHARLOTTE N. SWEENEY Civil Action: 21-cv-02063-CNS-SBP Date: October 30, 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 SIX Court in Session: 8:18 a.m. Discussion held on witness order and demonstrative exhibits. Jury present. Plaintiff’s witness, Ron Seigneur, called and sworn. 8:34 a.m. Direct examination of Mr. Seigneur by Ms. Shoaei. Exhibit 349 (page 61) is admitted. 9:57 a.m. Court in recess – jury excused. 10:19 a.m. Court in session – jury present. Case No. 1:21-cv-02063-CNS-SBP Document 279 filed 10/30/23 USDC Colorado pg 1 of 3 10:20 a.m. Cross examination of Mr. Seigneur by Mr. McAdam. Exhibit 535 is admitted. 11:45 a.m. Redirect examination of Mr. Seigneur by Ms. Shoaei. Juror questions reviewed at the bench. 12:09 p.m. Juror questions asked of Mr. Seigneur by the Court. Additional juror questions reviewed at the bench. Plaintiff rests its case. Jury excused. Argument given on Oral Motion for Judgment as a Matter of Law Under Rule 50 by Mr. Swanson and Ms. Wechter. As outlined on the record it is ORDERED: The Court DENIES in part and GRANTS in part Defendants’ Oral Motion for Judgment as a Matter of Law Under Rule 50. The motion is granted as to the declaratory judgment claim, and denied as to the remaining claims. 12:40 p.m. Court in recess. 1:35 p.m. Court in session - jury not present. Discussion held on condition precedent as it applies to this case. Jury present. Defense witness, Hernando Parrott, called and sworn. 1:39 p.m. Direct examination of Mr. Parrott by Mr. Swanson. Exhibit 740 is admitted. Jury excused. Discussion held on witness testimony and hearsay objection. 3:15 p.m. Court in recess. 3:31 p.m. Court in session – jury present. Case No. 1:21-cv-02063-CNS-SBP Document 279 filed 10/30/23 USDC Colorado pg 2 of 3 3:32 p.m. Continued direct examination of Mr. Parrott by Mr. Swanson. Exhibits 471, 677 and 716 (pages 14-23) are admitted. Jury excused, to return tomorrow at 8:30 a.m. Discussion held on jury instructions and charge conference. Court in Recess: 5:08 p.m. Trial continued. Total time in Court: 07:17 Case No. 1:21-cv-02063-CNS-SBP Document 279 filed 10/30/23 USDC Colorado pg 3 of 3 4 Case No. 1:21-cv-02063-CNS-SBP Document 279-1 filed 10/30/23 USDC Colorado pg 1 of 2 Case No. 1:21-cv-02063-CNS-SBP Document 279-1 filed 10/30/23 USDC Colorado pg 2 of 2