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.
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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.
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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
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