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