Free Bench Trial - Begun - District Court of Colorado - Colorado

Case 1:03-cv-01041-PSF-BNB

Document 119

Filed 09/19/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE PHILLIP S. FIGA Courtroom Deputy: Valeri P. Barnes Court Reporter: Darlene Martinez Date: September 19, 2005

Civil Action No. 03-cv-01041-PSF-BNB

Parties: UNITED STATES OF AMERICA, Plaintiff, v. DAVID B. ST. GERMAIN, and RANDY OVERLEY, Defendants.

Counsel: Christopher Alberto

Pro se Ty Gee

_____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ HEARING: Court Trial, Day One 1:32 p.m. ORDER: Court in session. United States' Motion for Order Requesting Larry Overley to Appear at Trial or, in the Alternative, Deem Posting the Subpoena as Sufficient Service (116) is denied without prejudice. 1, 3 (pages 1-8), 4 (pages 2-17), 5 (pages 418, 265 26 28-34, 36, 59-65), 8, 9, 10, 11, 14, 15, 16 17, 18, 19, 23, 24, 25, 26, 27, 28, 29, 31, 34, 35, 36, 37, 38, 55, 57, 58, 59, 62, 65, 67, 70.

Exhibits admitted by stipulation:

ORDER: ORDER:

Defendant' Oral Motion for Ruling as to Rule 801(d)(2) is denied. s Defendant' Oral Motion for Conditional Summary Judgment as to Mr. St. s

Case 1:03-cv-01041-PSF-BNB

Document 119

Filed 09/19/2005

Page 2 of 2

Germain is denied. ORDER: Plaintiff' Oral Motion to Disallow Testimony as to the Appraisal Value of s the Property is denied.

Openings. 3:19 p.m. 3:35 p.m. Court in recess. Court in session.

Witness sworn for the Plaintiff: KATHLEEN KEENAN: 3:40 p.m. Direct examination. 4:05 p.m. Cross-examination. 4:39 p.m. Redirect examination. 4:45 p.m. Witness excused. Witness sworn for the Plaintiff: MICHAEL WILSON: 4:47 p.m. Direct examination. Hearing continued to September 20, 2005, at 8:30 a.m. 5:15 p.m. Court in recess/hearing continued. Total in-court time: 3:27.

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