Loading...
HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 283 - Courtroom MinutesIN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE CHARLOTTE N. SWEENEY Civil Action: 21-cv-02063-CNS-SBP Date: November 2, 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 NINE Off record: ORDERED: Lunch to be provided to jurors today and throughout deliberations. Court in Session: 8:24 a.m. Jury instructions reviewed and ruled upon as stated on the record. Jury present. Defense witness, Tom Hickman, called and sworn. 9:07 a.m. Direct examination of Mr. Hickman by Mr. McAdam. 9:18 a.m. Cross examination of Mr. Hickman by Ms. Wechter. Case No. 1:21-cv-02063-CNS-SBP Document 283 filed 11/02/23 USDC Colorado pg 1 of 3 Defense rests. ORDERED: Evidence is CLOSED. Jury excused. Argument given on Plaintiff’s Motion for Judgment as a Matter of Law Under Rule 50 by Ms. Wechter and Mr. Swanson. As outlined on the record, it is ORDERED: Plaintiff’s Motion for Judgment as a Matter of Law Under Rule 50 is DENIED in part and GRANTED in part. Argument given on Defendant’s 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: Defendant’s Oral Motion for Judgment as a Matter of Law Under Rule 50 and written motion at ECF No. 282 is DENIED in part and GRANTED in part. 9:49 a.m. Court in recess. 10:35 a.m. Court in session. Discussion held on part one of the jury instructions. Jury instructed. 11:04 a.m. Closing argument by Mr. Collard. 11:48 a.m. Closing argument by Mr. Swanson. 12:30 p.m. Rebuttal closing argument by Mr. Collard. Bailiff sworn. Jury excused to begin deliberations. 12:41 p.m. Court in recess. 3:08 p.m. Court in session. Jury deliberation question reviewed. Jury present. Case No. 1:21-cv-02063-CNS-SBP Document 283 filed 11/02/23 USDC Colorado pg 2 of 3 Jury deliberation question answered. Jury excused to continue deliberations. 3:14 p.m. Court in recess. 3:51 p.m. Court in session. Discussion held on jury instructions and deliberation question. Court in Recess: 3:55 p.m. Trial continued. Total time in Court: 03:41 Clerk’s note: Jury left at 5:00 p.m. and will continue deliberations tomorrow at 8:00 a.m.  Case No. 1:21-cv-02063-CNS-SBP Document 283 filed 11/02/23 USDC Colorado pg 3 of 3