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

Case 1:03-cv-00097-WDM-MJW

Document 214

Filed 03/06/2006

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WALKER D. MILLER COURTROOM MINUTES

Courtroom Deputy: Kathy Preuitt-Parks Court Reporter: Suzanne Claar

Date: March 6, 2006 Time: 5 hours

CASE NO. 03-cv-00097-WDM-MJW Parties PRAIRIELAND PROCESSORS, INC., Plaintiff, vs. RIDGEFIELD FARMS, LLC, et al, Defendants. Frank Visciano Luis Toro Counsel David Stacy Marcus Squarrell

TRIAL TO COURT - DAY ONE

9:00 a.m.

COURT IN SESSION

APPEARANCES OF COUNSEL. Also present are Regina Roth, Richard Greenfield and Phillip Friend. 9:04 a.m. 9:28 a.m. Opening statements by Mr. Stacy. Opening statements by Mr. Visciano.

Discussion regarding trial time frame and order of witnesses.

Case 1:03-cv-00097-WDM-MJW

Document 214

Filed 03/06/2006

Page 2 of 3

Page Two 03-cv-00097-WDM-MJW March 6, 2006 ORDERED: Plaintiff' exhibits 1, 2, 7, 8, 10, 11, 16, 18, 20, 21, 24, 26, 28, 30, 32, 33, s 35, 36, 37, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53, 54, 55, 56, 57, 58, 59, 60, 69 through 75, 77, 80, 81 and 82 are ADMITTED by stipulation. ORDERED: Defendant' exhibits A1 through A11, A13 through A36, A39, A41, s A46, A47, A49, A51U, A51X, A51AA, A52J, A52K, A52L, A52M, A52N, A52O, A52P, A52Q, A52R, A52S, A53 through AA63, A67 though A80 are ADMITTED by stipulation. 10:16 a.m. 10:35 p.m. 10:50 a.m. Direct examination by plaintiff' witness Kevin LaFleur by Mr. Stacy. s COURT IN RECESS COURT IN SESSION Direct examination by plaintiff' witness Kevin LaFleur by Mr. Stacy s continues. Plaintiff' exhibit 5 identified and offered. Court reserves ruling. s Plaintiff' exhibit 6 identified and offered. Voir dire by Mr. Visciano. Court reserves s ruling. 12:00 p.m. 1:15 pm. COURT IN RECESS COURT IN SESSION Direct examination by plaintiff' witness Kevin LaFleur by Mr. Stacy s continues. 1:32 p.m. 3:10 p.m. 3:30 p.m. Cross examination by Mr. Visciano. COURT IN RECESS COURT IN SESSION Cross examination by Mr. Visciano continues. Witness excused subject to recall.

Case 1:03-cv-00097-WDM-MJW

Document 214

Filed 03/06/2006

Page 3 of 3

Page Three 03-cv-00097-WDM-MJW March 6, 2006 Mr. Squarrell advises that plaintiff' next witness has not arrived. Counsel advised he s should always have a witness available and he may loose 45 minutes of his trial presentation. 4:00 p.m. COURT IN RECESS 310 minutes

Total in court time: Hearing concluded