Free Jury Trial - Held - District Court of Colorado - Colorado

Case 1:02-cv-01125-LTB-OES

Document 174

Filed 10/18/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Alan B. Johnson October 18, 2005 Bernique Abiakam, Courtroom Deputy Suzanne Claar, Court Reporter Civil Action No. 02-cv-01125-ABJ-OES DAVID L. HILDEBRAND, an individual, Pro se

Plaintiff, v. STECK MANUFACTURING COMPANY, INC., CORNWELL QUALITY TOOLS COMPANY, MATCO TOOLS, SNAP-ON TOOLS COMPANY, TOOLS USA AND EQUIPMENT COMPANY, and MAC TOOLS,

David C. Greer Charles F. Shane

Defendants.

COURTROOM MINUTES

Trial to Jury - Day Six 9:15 a.m. Court in session.

Attorneys and parties present. Jurors not present. Preliminary discussion regarding remaining witness order. 9:17 a.m. 9:36 a.m. 9:37 a.m. Court in recess. Court in session. Jury present.

Case 1:02-cv-01125-LTB-OES

Document 174

Filed 10/18/2005

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02-cv-01125-ABJ-OES Jury Trial Day 6 October 18, 2005

9:39 a.m. 9:50 a.m. 9:51 a.m. 9:52 a.m. 9:53 a.m.

Defendants' witness called and sworn. Defendants' exhibit A-3 offered and received. Bench conference regarding " incomplete"exhibits. Continued direct examination by Mr. Greer. Defendants' exhibit A-4 offered and received. Continued direct examination by Mr. Greer. Defendants' exhibits A-13 and C-17 offered and received. Plaintiff advises the Court of objections to A-13. Jury excused. Court in recess. Court in session. Discussion regarding Plaintiff' Objections Pursuant To Rule 26(A)(3), s Filed 2/21/03.

9:54 a.m. 9:55 a.m. 9:58 a.m. 9:59 a.m. 10:09 a.m. 10:10 a.m.

Discussion regarding relevance of Defendants' exhibit A-13. Discussion regarding relevance of Defendants' exhibit D-7. Further discussion regarding discovery. 10:31 a.m. 10:32 a.m. Comments by the Court. Further argument by Mr. Hildebrand.

Further discussion regarding opinion of witness, Mr. Weigl. 10:35 a.m. The Court discusses the issue of relevance. Objection to the issue of relevance is Sustained. Further discussion regarding disclosure.

10:37 a.m.

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Case 1:02-cv-01125-LTB-OES

Document 174

Filed 10/18/2005

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02-cv-01125-ABJ-OES Jury Trial Day 6 October 18, 2005

10:39 a.m. 10:43 a.m. 10:44 a.m. 10:47 a.m. 10:48 a.m.

Further argument by Mr. Hildebrand. Argument by Mr. Greer. Argument by Mr. Hildebrand. Argument by Mr. Greer. Further argument by Mr. Hildebrand regarding objections to defendant' s exhibits. The Court advises both sides that they may be held in contempt of court if they continue to address counsel and parties by their first names, especially in front of the jury. The Court states that a ledger will be kept to keep track of each offense and a possible fine of not less than $50 may be imposed. Further discussion regarding defendants exhibits. Jury present. Defendants' exhibit G-24 offered and received. Continued direct examination by Mr. Greer. Defendants' exhibits E-3 and D-22 offered and received. Continued direct examination. Defendants' exhibit B-2 offered and received. Continued direct examination. Objection. Overruled. Continued direct examination. Objection. Overruled. Continued direct examination. Court in recess. Court in session.

10:52 a.m.

10:53 a.m. 11:06 a.m. 11:08 a.m.

11:11 a.m.

11:12 a.m.

11:14 a.m.

12:06 p.m.

12:07 p.m. 1:46 p.m.

Court addresses issues with Mr. Hildebrand and counsel regarding conduct in the 3

Case 1:02-cv-01125-LTB-OES

Document 174

Filed 10/18/2005

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02-cv-01125-ABJ-OES Jury Trial Day 6 October 18, 2005

courtroom as it relates to the jurors. 1:51 p.m. Questions from the jurors read into the record by the Court.

The Court advises Mr. Hildebrand regarding distracting the jury. 1:53 p.m. 1:55 p.m. 2:34 p.m. 2:35 p.m. 3:12 p.m. Jury present. Cross examination by Mr. Hildebrand begins. Objection. Sustained. Continued cross examination. Plaintiff' exhibits (demonstrative) 170 and 197 are given to the witness, s Mr. Wiegl. Continued cross examination. Jury excused.

3:14 p.m.

The Court admonishes Mr. Hildebrand for his behavior and asks the Court Security Officer to remove him from the courtroom. The Court warns Mr. Hildebrand that he will face consequences if he does not return within 15 minutes. 3:15 p.m. 3:30 p.m. Court in recess. Court in session.

The Court admonishes Mr. Hildebrand regarding his abusive language and disrespectful behavior while in trial. ORDERED: Mr. Hildebrand is found to be in direct contempt of court. A fine in the amount of $1500 shall be imposed. The fine shall be deposited with the court registry and a judgment will enter against him. ORDERED: Mr. Hildebrand shall be imposed an additional fine of $100 for not addressing the witness, Mr. Wiegl, by his proper name. 3:36 p.m. Comments by Mr. Hildebrand. 4

Case 1:02-cv-01125-LTB-OES

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Filed 10/18/2005

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02-cv-01125-ABJ-OES Jury Trial Day 6 October 18, 2005

3:38 p.m. 3:39 p.m.

Jury present. Court questions witness, Mr. Wiegl. The Court asks the witness questions from the jury. Witness excused. Discussion regarding witnesses. Cross examination of Mr. Hildebrand by Mr. Greer, begins. Defendants' exhibit B-20 offered and received. Continued cross examination by Mr. Greer. Jury excused until tomorrow morning at 9:30 a.m. Discussion regarding objection by pro se plaintiff, Mr. Hildebrand, regarding tax information.

3:42 p.m. 3:45 p.m. 3:48 p.m. 4:37 p.m.

4:58 p.m. 4:59 p.m.

The Court advises Mr. Greer regarding this issue. 5:05 p.m. Discussion regarding witness order.

Discussion regarding remaining exhibit disputes. Discussion regarding respect in the courtroom. 5:08 p.m. Court is in recess until tomorrow morning at 9:30 a.m.

Trial continues 10/19/05. Total time in court: 5 hours 34 minutes

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