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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: September 7, 2006 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ___________________________________________________________________________ Civil Action No. 01-cv-01857-RPM-MJW ATTORNEYS TITLE GUARANTY FUND, INC., as successor in interest and assignee of Joseph H. Fallon, IV Plaintiff, v. PROLAND MANAGEMENT, LLC; CRAIG NELSON; and TOM WARNES, Thomas Quinn Present Stacy Carpenter Matthew Kristofco
Defendants. ___________________________________________________________________________ COURTROOM MINUTES ___________________________________________________________________________ Hearing Re Admissibility of Opinions Under Rule 701 8:59 a.m. Court in session.
Court advises counsel that the case will proceed to trial as scheduled 9/18/2006. Statements by the Court regarding Rules 701 and 702. Discussion regarding appraisal reports and subject property. Counsel submit maps, attempt to clarify what the subject property is and answer questions. Plaintiff' oral motion to sequester witnesses by Ms. Carpenter. s Argument by Ms. Carpenter and Mr. Quinn. ORDERED: Witnesses sequestered for the purposes of this hearing. 9:18 a.m. Defendant Craig Nelson sworn. Direct examination of Mr. Nelson by Mr. Quinn. 10:00 a.m. Cross examination of Mr. Nelson by Ms. Carpenter.
10:10 a.m. Defendant Tom Warnes sworn. Direct examination of Mr. Warnes by Mr. Quinn.
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01-cv-01857-RPM September 7, 2006 10:37 a.m. 10:41 a.m. 10:41 a.m. 10:42 a.m. ORDERED: Cross examination of Mr. Warnes by Ms. Quinn. Redirect examination of Mr. Warnes by Mr. Quinn. Recross examination of Mr. Warnes by Ms. Carpenter. Argument by Ms. Carpenter. Defendants are permitted to testify at trial regarding value of property but are limited to the testimony offered today. Plaintiff' Motion to Preclude Defendant Tom Warnes from Testifying at s Trial, filed August 10, 2006 , is denied. Plaintiff' Motion in Limine to Limit the Trial Testimony of Craig Nelson and s Exclude Exhibits A, B, C, D and G, filed August 29, 2006 , is denied. Counsel shall prepare and submit proposed instructions, voir dire, statement of case and modification of exhibit lists by 5:00 p.m. September 12, 2006. Court in recess.
(Hearing concluded. Total time in court: 1hr. 52 min. )