Case 1:03-cv-00569-JLK-EEB
Document 37
Filed 06/27/2005
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE JOHN L. KANE Date: June 27, 2005 Court Reporter: Therese Lindblom Deputy Clerk: LaDonne Bush
Civil Action No. 03-cv-00569-JLK In re: UNIVERSAL COMMUNICATION NETWORKS, INC., Debtor, JEFFREY L. HILL, Chapter 7 Trustee, Plaintiff, v. MICHAEL PAYNE and LAURA PAYNE-WRIGHT, Daniel J. Garfield Janet S. Drake Patrick D. Frye
Defendants. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ Daubert Hearing 1:34 p.m. Court in session.
Court' opening comments. s 1:45 p.m. Defendants' witness Michael Scata.
Direct examination of Mr. Scata by Mr. Garfield. 2:18 p.m. 3:07 p.m. Cross examination of Mr. Scata by Mr. Frye. Argument by Mr. Frye.
Argument by Mr. Garfield.
Case 1:03-cv-00569-JLK-EEB
Document 37
Filed 06/27/2005
Page 2 of 2
3:13 p.m.
Rebuttal argument by Mr. Frye.
Court' ruling. s ORDERED: With regard to the Motion for Clarification as to Scope of Expert Testimony (#10), filed March 10, 2005: 1. 2. Mr. Scata may not testify as an expert under Rule 702. Because defendants have said that they are not going to pursue the valuation of the assets and liabilities of UCN, the Court does not have to make a ruling. As to UCN's financial statements during all relevant times, Mr. Scata may testify to those financial statements that he prepared or were prepared under his supervision. With respect to UNC's ability to pay its debts as they came due during all relevant times, Mr. Scata he may testify as to those debts as they became due during all relevant times in which he served as an officer or employee of UCN. With respect to UCN's capitalization during all relevant times, Mr. Scata can testify only to the extent that he prepared financial statements or that they were prepared under his supervision, which include the matters of capitalization. Mr. Scata may not testify to whether the promissory notes that UCN executed for the benefit of Michael Payne and Laura Payne Wright at issue in this case were loans or equity capital. The objection is sustained as to the general financial condition of UCN during all relevant times. The objection is sustained as to the business prospects of UCN during all relevant times.
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3:17 p.m.
Court in recess.
Total time in court - 01:43. Hearing concluded.
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