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

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

Document 172

Filed 10/14/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Alan B. Johnson October 14, 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 Four 9:37 a.m. Court in session.

Attorneys and parties present. Jurors not present. Preliminary remarks by the Court regarding order of witnesses. Comments by counsel, Mr. Shane, and Mr. Hildebrand. Further discussion from the Court. Discussion regarding impeachment and fact witnesses.

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

Document 172

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02-cv-01125-ABJ-OES Jury Trial Day 4 October 14, 2005

Discussion regarding deposition testimony and related exhibits. The Court advises Mr. Hildebrand that he may prepare a list which cross references deposition testimony with related exhibits. 10:08 a.m. Jury present. Court instructs jurors regarding deposition testimony. Comments by Mr. Hildebrand Plaintiff' exhibit 17-G offered and received. s Jury excused. Court addresses Mr. Hildebrand regarding his remaining testimony. Jury present. Further comments/argument by Mr. Hildebrand. Deposition testimony of Mr. Jeffery A. Pestrue offered and received as Plaintiff' exhibit #181. s Direct examination - Deposition testimony of Jeffery A. Pestrue read by Mr. Hildebrand and the Court' Law Clerk Mr. Brian Dearinger. s Cross examination - Deposition testimony of Jeffery A. Pestrue read by Mr. Shane and Court' Law Clerk Mr. Brian Dearinger. s Redirect examination - Deposition testimony of Jeffery A. Pestrue read by Mr. Hildebrand and the Court' Law Clerk Mr. Brian Dearinger. s Direct examination - Deposition testimony of Donald H. Dowker read by Mr. Hildebrand and the Court' Law Clerk Mr. Brian Dearinger. s Direct examination - Deposition testimony of Harry Todosciuk read by Mr. Hildebrand and the Court' Law Clerk Mr. Brian Dearinger. s Deposition exhibit 20 offered. Plaintiff' exhibit 20 received. s Continued direct examination in deposition testimony.

10:11 a.m.

10:20 a.m. 10:21 a.m. 10:27 a.m.

10:32 a.m.

10:34 a.m.

10:58 a.m.

11:03 a.m.

11:06 a.m.

11:23 a.m.

11:25 a.m. 11:26 a.m.

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

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02-cv-01125-ABJ-OES Jury Trial Day 4 October 14, 2005

11:30 a.m.

Cross examination - Deposition testimony of Harry Todosciuk read by Mr. Hildebrand and the Court' Law Clerk Mr. Brian Dearinger. s Jury excused. The Court hears the testimony of Mr. Stenger outside the presence of the jury to determine Plaintiff' witness, Ken Stenger, called and sworn. s Direct examination begins by Mr. Hildebrand. Cross examination begins by Mr. Shane. Redirect examination by Mr. Hildebrand. Re-cross examination by Mr. Mr. Shane. Court questions the witness. Court makes findings.

11:35 a.m. 11:36 a.m.

11:37 a.m.

11:41 a.m. 11:43 a.m. 11:46 a.m.

11:48 a.m.

ORDERED: The testimony of Mr. Ron Stenger will be allowed in the presence of the Jury. 11:54 a.m. Jury present. Direct examination of witness, Ron Stenger, by Mr. Hildebrand.

11:58 a.m.

Defendant' exhibit C-5 offered and received. s Continued direct examination by Mr. Hildebrand. Cross examination begins by Mr. Shane. Redirect examination by Mr. Hildebrand. Witness excused. Court in recess until 1:30 p.m. Court in session.

12:00 p.m. 12:02 p.m. 12:03 p.m.

1:38 p.m.

Discussion regarding plaintiff presenting all evidence in case in chief. 3

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02-cv-01125-ABJ-OES Jury Trial Day 4 October 14, 2005

1:45 p.m. 1:47 p.m.

Jury present. Witness, Raymond Eugene Steck, called and sworn. Cross examination begins by Mr. Hildebrand. Mr. Hildebrand is advised by the Court to addresses all witnesses, parties, counsel in a respectful manner. Plaintiff' exhibit 8 offered and received. s Continued cross examination by Mr. Hildebrand. Plaintiff' exhibit 7 offered and received. s Continued cross examination by Mr. Hildebrand. Bench conference regarding production of documents. Jury excused for break. Continued discussion regarding discovery. Continued cross examination of Mr. Steck by Mr. Hildebrand. Court informs counsel and parties of expectations regarding remaining discovery issues. Court in recess. Court in session. Jury present. Continued cross examination of Mr. Steck by Mr. Hildebrand. Plaintiff' exhibit 6, Bates DH099, offered. s Court questions Mr. Hildebrand and Mr. Steck. Received. Continued cross examination by Mr. Hildebrand. Plaintiff' exhibit 6, Bates DH100, offered and received. s 4

2:13 p.m.

2:38 p.m.

2:45 p.m.

2:50 p.m. 2:56 p.m. 2:57 p.m. 3:01 p.m. 3:03 p.m.

3:06 p.m. 3:27 p.m. 3:29 p.m. 3:30 p.m. 3:40 p.m.

3:43 p.m. 3:45 p.m.

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02-cv-01125-ABJ-OES Jury Trial Day 4 October 14, 2005

3:46 p.m. 3:47 p.m.

Continued cross examination by Mr. Hildebrand. Plaintiff' exhibit 6, Bates DH104, offered and received. s Continued cross examination by Mr. Hildebrand. Plaintiff' exhibit 6, Bates DH105, offered and received. s Continued cross examination. Plaintiff' exhibit 6, Bates DH108 & DH109, offered and received. s Continued cross examination by Mr. Hildebrand. Plaintiff' exhibit 7-B offered and received. s Continued cross examination by Mr. Hildebrand. Plaintiff' exhibit 18, Bates 00333 & 00334, offered and received. s Continued cross examination. Plaintiff' exhibit 34, Bates 001, offered and received. s Continued cross examination. Plaintiff' exhibit 34-B, offered. s Court questions Mr. Hildebrand regarding exhibit. Received. Continued cross examination by Mr. Hildebrand. Court warns Mr. Hildebrand regarding courtroom etiquette. Plaintiff' exhibit 43, Bates 165, offered. s Continued cross examination. Received. Plaintiff' exhibit 44, Bates 00150, offered. s Continued cross examination. Plaintiff' exhibit 48, offered and received. s Continued cross examination. Plaintiff' exhibit 50 offered and received. s 5

3:49 p.m. 3:50 p.m. 3:51 p.m.

4:00 p.m.

4:03 p.m.

4:06 p.m.

4:09 p.m.

4:11 p.m. 4:16 p.m. 4:17 p.m.

4:20 p.m.

4:22 p.m.

4:28 p.m.

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

Document 172

Filed 10/14/2005

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02-cv-01125-ABJ-OES Jury Trial Day 4 October 14, 2005

Continued cross examination. 4:30 p.m. Plaintiff' exhibit 50-C offered and received. s Continued cross examination. Plaintiff' exhibit 51, Bates 00855, offered and received. s Continued cross examination. Plaintiff' exhibit 59, offered and received. s Continued cross examination. Plaintiff' exhibit 61, offered and received. s Continued cross examination. Plaintiff' exhibit 63, offered and received. s Continued cross examination. Plaintiff' demonstrative exhibit 200, offered and received. s Continued cross examination.

4:33 p.m.

4:38 p.m.

4:41 p.m.

4:45 p.m.

4:48 p.m.

4:50 p.m.

Plaintiff' exhibit 65, offered and received. s Continued cross examination. Plaintiff' exhibit 66, Bates 00152 & 00154, offered. s Continued cross examination. Received. Plaintiff' exhibit 67 offered and received. s Continued cross examination. Plaintiff' exhibit 71, offered. s Continued cross examination. Received. Continued cross examination. Plaintiff' exhibit 81, offered. s Objection. Withdrawn. 6

4:58 p.m.

4:59 p.m.

5:03 p.m.

5:05 p.m. 5:10 p.m.

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

Document 172

Filed 10/14/2005

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02-cv-01125-ABJ-OES Jury Trial Day 4 October 14, 2005

5:12 p.m.

Plaintiff' exhibit 82, offered. s Objection. Sustained. Continued cross examination by Mr. Hildebrand. Court instructs jurors on usual admonitions of the case. Court in recess until Monday at 9:30 a.m.

5:13 p.m. 5:15 p.m. 5:17 p.m.

Trial continues 10/17/05. Total time in court: 5 hours 44 minutes

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