Free Evidentiary Hearing - District Court of Colorado - Colorado

Case 1:04-cv-01825-ZLW-BNB

Document 104

Filed 01/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Michael J. Watanabe
Civil Action No. 04-cv-01825-ZLW-BNB Date: January 17, 2006 ESTATE OF CHANDA JOHNSON, ET AL., Plaintiff(s), v. AVAYA, INC., Defendant(s). Patrick J. Miller FTR Shelley Moore, Deputy Clerk Donald L. Carroll, Jr.

COURTROOM MINUTES / MINUTE ORDER EVIDENTIARY HEARING Court in Session 1:52 p.m. Court calls case. Appearances of counsel. The court met with counsel in chambers prior to going on the record. The court will hear the following motions simultaneously, as they are interconnected: (68) Motion to Dismiss With Prejudice Based Upon Settlement, (70) Plaintiff' Motion to Reject s Settlement Offer and Request Trial, (89) Motion for Summary Judgment Based Upon Settlement. The court places on the record counsels' stipulation regarding Plaintiff' Exhibits 1 and Exhibit s 2. Plaintiff' Exhibit 1 is ADMITTED. s Plaintiff requests Angela Bender is excused.

ORDERED: Plaintiff' Exhibit 1 is SEALED until further order of the Court. s 2:02 p.m. Plaintiff calls Jacquelyn Anderson. Witness is sworn. Direct exam.

Witness is directed to Plaintiff' Exhibit 2. s No cross exam.

Case 1:04-cv-01825-ZLW-BNB

Document 104

Filed 01/17/2006

Page 2 of 2

Witness is excused. 2:20 p.m. 2:29 p.m. Plaintiff calls Dorris Richardson. Witness sworn. Direct exam. Cross exam by Mr. Miller.

No redirect exam. Witness is excused. Plaintiff rests its case in chief. Defendant has no witnesses and rests. 2:30 p.m. 2:35 p.m. Mr. Carroll presents argument on all three motions. Mr. Miller presents argument on the same.

The Court will take Defendant' Motion to Dismiss With Prejudice Based Upon Settlement (68), s Plaintiffs' Motion to Reject Settlement Offer and Request Trial (70), and Defendant' Motion for s Summary Judgment Based Upon Settlement (89) under advisement. Court in recess 2:42 p.m. Total In-Court Time 0:50, hearing concluded
*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303)825-6119.

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