Free Evidentiary Hearing - District Court of Colorado - Colorado

Case 1:04-cv-01225-MSK-BNB

Document 228

Filed 11/10/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Date: November 10, 2005 Court Reporter: Paul Zuckerman/Terri Lindblom Civil Action No. 04-cv-01225-MSK-BNB Parties: MALIK M. HASAN, M.D., an individual; and SEEME G. HASAN, an individual, Plaintiffs, v. GOLDMAN SACH 1998 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS 1999 EXCHANGE PLACE FUND, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT PARTNERS, L.P., a Delaware limited partnership; GOLDMAN SACHS MANAGEMENT, INC., a Delaware corporation; THE GOLDMAN SACHS GROUP, INC., a Delaware corporation; GOLDMAN, SACHS & CO., a New York limited partnership; JOHN DOES 1-100, individual persons whose true identities are unknown; and LENDER PARTIES 1-100, business entities whose true identities are unknown, Defendants.. COURTROOM MINUTES HEARING: 8:38 a.m. Evidentiary Hearing with Regard to the Enforceability of Provisions in Agreements Pertaining to Arbitration, Day Two. Court in session Bruce Featherstone Max Gitter Counsel: Glen Merrick

Plaintiffs Malik M. Hasan and Seeme G. Hasan and client representative for the defendant Goldman Sachs, Fran Chalpowski, present in the courtroom. Continued cross examination of Mr. Giglio by Mr. Merrick. Redirect examination of Mr. Giglio by Mr. Featherstone. EXHIBITS: Received: 72

Case 1:04-cv-01225-MSK-BNB 9:23 a.m. 9:41 a.m. Court in recess. Court in session.

Document 228

Filed 11/10/2005

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Witness sworn, for the defendants: J. Donald Vacca: 9:44 a.m. Direct Examination by Mr. Featherstone. EXHIBITS: Rejected: 56 Cross examination of Mr. Vacca by Mr. Merrick. 11:43 a.m. 1:16 p.m. Court in recess. Court in session.

Redirect examination of Mr. Vacca by Mr. Featherstone. EXHIBITS: Received: Exhibit 117: the parties are directed to redact the deposition transcripts as it pertains to exhibits 11A and 35. The Court excludes the remainder of the information in the deposition transcripts as being stipulated to by the parties. Exhibit 119: the parties are directed to redact the deposition transcript to provide the evidence with regard to the factual dispute that the parties have. The Court will treat all of the other proffer as a stipulation between the parties. Exhibits 128, 129, 115: the designated portions of these transcripts are received. Exhibit 120. Defendants rest. 2:14 p.m. 2:27 p.m. Court in recess. Court in session.

EXHIBITS: Received: Exhibit 125, designated portions. Rejected: Exhibit 57, 126, 127 ORDER: The Court treats as true that Mr. O'Shaughnessy and Mr. Powell have no knowledge of the offering documents being sent to the Hasans. There is no need to receive that deposition testimony, exhibits 126 and 127.

Witness sworn, for the plaintiff: Dr. Malik Hasan: 2:36 p.m. Direct Examination by Mr. Merrick. EXHIBITS: Received: Exhibit 36 Cross examination of Mr. Hasan by Mr. Gitter. ORDER: An oral ruling will be set for December 6, 2005 at 9:00 a.m. in Courtroom A901, 901 19th Street, Denver, Colorado. The parties will be allowed to appear by telephone, no cell phones or conference calls are allowed. The parties are to contact the courtroom deputy, Maureen Nelson, two days prior to the hearing to make arrangements to appear by telephone.. The parties are directed to redact their depositions designations by Monday, November 14, 2005. Court in recess.

ORDER: 5:25 p.m.

Total Time: 6 hours 43 minutes Hearing continued.

Case 1:04-cv-01225-MSK-BNB

Document 228

Filed 11/10/2005

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