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

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

Document 173

Filed 10/17/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Alan B. Johnson October 17, 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 Five 9:21 a.m. Court in session.

Attorneys and parties present. Jurors not present. Discussion by Mr. Hildebrand regarding people that he has utilized as support and help in the courtroom. Remarks by the Courtroom Deputy regarding courtroom respect. 9:42 p.m. 9:43 a.m. Jury present. Continued cross examination of adverse witness, Mr. Steck, by Mr.

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

Document 173

Filed 10/17/2005

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02-cv-01125-ABJ-OES Jury Trial Day 5 October 17, 2005

Hildebrand. 9:51 a.m. Plaintiff' exhibit 192 offered. s Received. Tendered to the Court and the witness. Continued cross examination by pro se plaintiff, Mr. Hildebrand. Plaintiff' exhibit 140 offered. s Continued cross examination. Received. Continued cross examination. The Court explains to the jurors the definition of discovery. Continued cross examination. Plaintiff' exhibit 141 offered. s Received. Continued cross examination. Plaintiff' exhibit 149 offered and received. s Continued cross examination. Bench conference regarding exhibits. Plaintiff' exhibit 152 offered. s Received. The Court advises pro se Plaintiff, Mr. Hildebrand, to be respectful towards the witness Mr. Steck. Deposition of Mr. Steck given to witness. Continued cross examination. Plaintiff' exhibit 155 offered. s Objection. Continued cross examination. Sustained. 2

9:53 a.m. 10:09 a.m.

10:10 a.m. 10:12 a.m. 10:13 a.m. 10:15 a.m.

10:16 a.m. 10:24 a.m.

10:30 a.m. 10:31 a.m.

10:38 a.m.

10:40 a.m.

10:43 a.m.

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

Document 173

Filed 10/17/2005

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02-cv-01125-ABJ-OES Jury Trial Day 5 October 17, 2005

10:45 a.m. 10:52 a.m.

Continued cross examination. Plaintiff' exhibit 165 offered and received. s Continued cross examination. Court in recess. Court in session. Jury present. Plaintiff' exhibit 193 offered. s Continued cross examination of Mr. Steck by pro se plaintiff Mr. Hildebrand. Received. Continued cross examination. Plaintiff' exhibit 10 offered and received. s Continued cross examination. Plaintiff' exhibit 7 received in its entirety. s Continued cross examination. Court questions witness, Mr. Steck. Plaintiff' exhibit 105 offered and received. s Continued cross examination. Plaintiff' exhibit 106 offered. s Received. Continued cross examination. Discussion regarding mislabeled exhibits

11:01 a.m. 11:20 a.m. 11:22 a.m.

11:24 a.m.

11:36 a.m.

11:37 a.m.

11:39 a.m. 11:59 a.m. 12:00 p.m. 12:09 p.m.

12:11 p.m.

The Court makes clarifications on plaintiffs' offered exhibits. 12:16 p.m. Plaintiff' exhibit 107 offered and received. s Continued cross examination (adverse witness). 3

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

Document 173

Filed 10/17/2005

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02-cv-01125-ABJ-OES Jury Trial Day 5 October 17, 2005

12:28 p.m. 1:35 p.m. 1:37 p.m. 1:39 p.m.

Court in recess until 1:30 p.m. Court in session. Jury present. Plaintiff' witness, Rose O' s Kelly, called and sworn. Direct examination begins by Mr. Hildebrand. Witness is handed demonstrative exhibits, 200, 171, and 220. Continued direct examination. Plaintiff' exhibit 163 offered and received. s Continued direct examination. Cross examination by Mr. Shane. Redirect examination by Mr. Hildebrand. Witness excused. Pro se Plaintiff, Mr Hildebrand, resumes direct examination. Plaintiff' exhibit 101 offered. s Received. Continued direct examination. Plaintiff' exhibit 161, Bates 20 & 21, offered. s Continued direct examination. Received. Continued direct examination. Plaintiff' exhibit 161, Bates 22 & 23, offered and received. s Continued direct examination. Court in recess. Court in session.

1:52 p.m.

1:56 p.m.

1:58 p.m. 2:10 p.m. 2:16 p.m. 2:17 p.m. 2:20 p.m.

2:33 p.m.

2:34 p.m. 2:35 p.m

2:51 p.m. 3:24 p.m.

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

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02-cv-01125-ABJ-OES Jury Trial Day 5 October 17, 2005

3:26 p.m. 3:27 p.m. 3:28 p.m.

Jury present. Continued direct examination of pro se Plaintiff, Mr. Hildebrand. Plaintiff' exhibit 400 (demonstrative) offered and received. s Continued direct examination. Plaintiff' exhibit 168-B offered. s Objection. Sustained. Continued direct examination by Mr. Hildebrand. The Court directs Mr. Hildebrand to continue his direct examination at the witness stand. The Court further instruct Mr. Hildebrand regarding admissible evidence. Continued direct examination by Mr. Hildebrand. Bench conference regarding profit margin information from Plaintiff' s exhibit 168-B. Objection. Overruled. Continued direct examination of pro se Plaintiff, Mr. Hildebrand. Objection regarding royalty information. Overruled. Continued direct examination. Mr. Hildebrand reviews all offered exhibits with counsel and the Court. Jury excused until tomorrow morning at 9:30 a.m. Continued discussion of exhibits. Counsel and parties instructed to arrive tomorrow morning at 9:15 a.m. Court in recess.

3:50 p.m.

3:52 p.m. 3:53 p.m.

3:55 p.m. 3:58 p.m.

4:02 p.m. 4:07 p.m.

4:14 p.m. 4:44 p.m. 4:45 p.m. 4:56 p.m.

Trial continues 10/18/05. Total time in court: 5 hours 46 minutes

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

Document 173

Filed 10/17/2005

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02-cv-01125-ABJ-OES Jury Trial Day 5 October 17, 2005

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