Free Evidentiary Hearing - District Court of Colorado - Colorado

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

Document 227

Filed 11/09/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Court Reporter: Paul Zuckerman 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: 10:34 a.m. Evidentiary Hearing with Regard to the Enforceability of Provisions in Agreements Pertaining to Arbitration, Day One. Court in session Bruce Featherstone Max Gitter Counsel: Glen Merrick Date: November 9, 2005

Plaintiffs Malik M. Hasan and Seeme G. Hasan and client representative for the defendant Goldman Sachs, Fran Chalpowski, present in the courtroom. The plaintiff moves for the sequestration of witnesses. No objection by the defendants. ORDER: All witnesses shall be sequestered and shall not discuss their testimony or the testimony of any other witness with another witness.

Case 1:04-cv-01225-MSK-BNB Courtroom Minutes Judge Marcia S. Krieger Page 2

Document 227

Filed 11/09/2005

Page 2 of 2

The Court inquires of the defendants what agreements the defense intends to enforce and what the law is governing each agreement. Witness sworn, for the defendants: Rosemary Angeloni : 11:01 a.m. Direct Examination by Mr. Featherstone EXHIBITS: Received: Exhibits 1-23, conditionally. If there is reference made to these exhibits, either in the testimony or in the argument, the exhibit is received. If no reference is made to these exhibits, the Court will disregard them. Exhibits 30, 26. Exhibits 27, 28, 31 are received conditionally, they are subject to be tied up and identified by Mr. Hasan. Exhibits 32. 12:04 p.m. 1:42 p.m. Court in recess. Court in session.

Continued direct examination of Ms. Angeloni by Mr. Featherstone. EXHIBITS: Received: Exhibits 35, 37, 38 are received conditionally. Exhibit 39. Cross examination of Ms. Angeloni by Mr. Merrick. EXHIBITS: Received: Exhibit 43 and exhibit 3, which is an attachment to exhibit 43. Redirect examination of Ms. Angeloni by Mr. Featherstone. 3:11 p.m. 3:24 p.m. Court in recess. Court in session.

Witness sworn, for the defendants: Gary Giglio : 3:27 p.m. Direct Examination by Mr. Featherstone EXHIBITS: Received: Exhibit 62 Rejected: Exhibit 1, 84 Cross examination of Mr. Giglio by Mr. Merrick. EXHIBITS: Received: Exhibit 44, 66, 70. Exhibits 60, 61, 63 are received conditionally. 4:59 p.m. Total Time: Court in recess. 4 hours 34 minutes

Hearing continued.