Free Daubert Hearing - District Court of Colorado - Colorado

Case 1:02-cv-01004-JLK-BNB

Document 252

Filed 02/16/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE JOHN L. KANE, JR. Date: February 16, 2007 Civil Action No. 02-cv-01004-JLK-BNB Court Reporter: Adrienne Whitlow Deputy Clerk: Bernique Abiakam

Parties: VIRTUAL CLOUD SERVICES, INC., Plaintiff, v. CH2MHILL, INC., Defendant.

Counsel: Scott R. Bauer

David W. Stark Jennifer Harrison Heather Carson Perkins

COURTROOM MINUTES

DAUBERT MOTIONS HEARING DAY 1 9:36 a.m. Court in Session. Court calls case. Court' opening remarks regarding Plaintiff' Motion To Exclude The Testimony Of s s Defendants' Expert Witnesses Michael Melonis, Robert A. Mercer, And David K. Brown (Filed 9/26/06; Doc. No. 186). 9:38 a.m. Defendants witness Michael Melonis called and sworn. Direct examination begins by Mr. Stark.

Defendant' Exhibit 13 offered and admitted. s 10:24 a.m. 10:43 a.m. Continued Direct Examination by Mr. Stark. Discussion by counsel regarding relevant argument and testimony.

Case 1:02-cv-01004-JLK-BNB

Document 252

Filed 02/16/2007

Page 2 of 3

02-cv-01004-JLK-BNB Daubert Motions Hearing February 16, 2007

10:44 a.m.

Continued Direct Examination by Mr. Stark.

Defendant' Exhibit D-99A - 99F offered and admitted. s 10:51 a.m. Continued Direct Examination by Mr. Spark.

Defendant' Exhibit D-99G thru D-99X, and D122 offered and admitted. s 11:36 a.m. 11:42 a.m. 11:43 a.m. 11:44 a.m. 11:58 a.m. 1:34 p.m. 1:35 p.m. 1:46 p.m. 1:47 p.m. 2:17 p.m. 2:22 p.m. 2:23 p.m. Court in recess. Court in session. Continued Direct Examination by Mr. Spark. Cross examination begins by Mr. Bauer. Court in Recess. Court in Session. Continued Cross Examination by Mr. Bauer. Objection regarding impeachment of witness Mr. Melonis. Sustained. Continued Cross Examination by Mr. Bauer. Redirect Examination by Mr. Spark. Witness excused. Defendant' witness, Robert A. Mercer, called and sworn. s Direct examination begins by Ms. Perkins.

Defendant' Exhibit Daubert 1 is offered and admitted. s 2:29 p.m. Continued Direct Examination by Ms. Perkins.

Defendant' Exhibit Daubert 3 is offered and admitted. s 2:51 p.m. Continued Direct Examination by Ms. Perkins.

Defendant' Exhibit Daubert 4, 5, and 6 are offered and admitted. s
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Case 1:02-cv-01004-JLK-BNB

Document 252

Filed 02/16/2007

Page 3 of 3

02-cv-01004-JLK-BNB Daubert Motions Hearing February 16, 2007

3:20 p.m.

Continued Direct Examination by Ms. Perkins.

Defendant' Exhibit Daubert 7, 8, and 9 are offered and admitted. s Continued Direct Examination by Ms. Perkins. Defendant' Exhibits D-133 thru D-146 are offered and admitted. s Continued Direct Examination by Ms. Perkins. 4:21 p.m. 4:28 p.m. Court in Recess. Court in Session.

Comments by the Court. ORDERED: Hearing will resume on Wednesday, February 21, 2007 at 9:00 a.m. 4:29 p.m. Court in Recess. Hearing continued. TOTAL TIME: 5 hours 5 minutes

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