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

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

Document 171

Filed 10/13/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Alan B. Johnson October 13, 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 Three 9:14 a.m. Court in session.

Attorneys and parties present. Jurors not present. Preliminary remarks by the Court regarding Plaintiff' Motion in Limine (Filed 4/7/03 s Doc. No. 69). Comments by Mr. Hildebrand. Further discussion from the Court. Discussion regarding preservation of deposition testimony of Mr. James E. Davis and

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

Document 171

Filed 10/13/2005

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02-cv-01125-ABJ-OES Jury Trial Day 3 October 13, 2005

Mr. Douglas Bundy.

Court discusses objections with parties, regarding deposition testimony. Discussion regarding editing video testimony. Discussion regarding admissible testimony. 9:43 a.m. 10:00 a.m. 10:02 a.m. Court in recess. Court in session. Jury present. Continued direct examination of pro se Plaintiff Mr. Hildebrand. Mr. Hildebrand offers plaintiff' exhibits - 161, 162, 163, 164, 168, and 1. s Jury excused for side-bar conference. Discussion regarding exhibits offered by plaintiff, and defendants objections.

10:04 a.m. 10:05 a.m.

Discussion regarding Defendant' witness, Mr. Raymond Steck, being called as an s adverse witness. Plaintiff' Exhibit 1 is received. s 11:12 p.m. 11:25 a.m. 11:26 a.m. Court in recess. Court in session. Jury present. Continued direct examination of Mr. Hildebrand by himself. Plaintiff' exhibit 16-A offered and received. s Continued direct examination. Plaintiff' exhibit 16-B offered and received. s Continued direct examination.

11:35 a.m. 11:36 a.m. 11:37 a.m. 11:39 a.m.

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

Document 171

Filed 10/13/2005

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02-cv-01125-ABJ-OES Jury Trial Day 3 October 13, 2005

11:40 a.m.

Plaintiff' exhibit 16-C offered and received. s Continued direct examination. Plaintiff' exhibit 16-D offered and received. s Continued direct examination. Plaintiff' exhibit 16-E offered and received. s Continued direct examination. Court questions plaintiff Continued direct examination. Plaintiff' demonstrative exhibit 2 offered and received. s Continued direct examination. Plaintiff' exhibit 16-F offered. s Court questions plaintiff. Plaintiff' exhibit 16-F withdrawn. s Plaintiff' labels and offers a different exhibit as 16-F. s Plaintiff' exhibit 16-F received. s Plaintiff' exhibit 16-G offered and received. s Continued direct examination. Plaintiff' exhibit 16-H offered and received. s Continued direct examination. Plaintiff' exhibit 16-L offered and received. s Continued direct examination. Plaintiff' exhibit 31 offered and received. s Continued direct examination. Plaintiff' exhibit 35 offered. s Objection. Overruled. Plaintiff' exhibit 35 received. s Continued direct examination.

11:41 a.m.

11:43 a.m.

11:47 a.m.

11:48 a.m. 11:51 a.m. 11:53 a.m.

11:54 a.m.

11:55 a.m.

11:57 a.m.

11:59 a.m.

12:13 p.m.

12:17 p.m. 12:18 p.m.

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

Document 171

Filed 10/13/2005

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02-cv-01125-ABJ-OES Jury Trial Day 3 October 13, 2005

12:19 p.m.

Plaintiff' exhibit 35-B offered. s Court questions plaintiff. Plaintiff' exhibit 35-B received. s Continued direct examination. Plaintiff' exhibit 35-C offered and received. s Continued direct examination. Plaintiff' exhibit 48 offered. s Plaintiff withdraws offer. Continued direct examination. Court in recess. Court in session.

12:20 p.m.

12:23 p.m.

12:25 p.m.

12:26 p.m. 12:27 p.m. 1:41 p.m.

Court addresses Plaintiff and his " helper" Mr. John May, regarding courtroom etiquette , and respect. 1:43 p.m. 1:52 p.m. Discussion regarding witness order. Jury present. Court explains witness order to jurors. Defendant' witness, Paul James Wilbur, called and sworn. s Direct examination begins by Mr. Shane. Defendant' exhibits A-4 and A-3 are offered and received. s Continued direct examination by Mr. Shane. Presentation of demonstrative video Continued direct examination by Mr. Shane. Cross examination begins by Mr. Hildebrand. Plaintiff' exhibit 173 offered and received. s Continued cross examination.

1:54 p.m.

2:24 p.m. 2:27 p.m. 2:30 p.m.

2:39 p.m. 3:00 p.m.

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

Document 171

Filed 10/13/2005

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02-cv-01125-ABJ-OES Jury Trial Day 3 October 13, 2005

3:08 p.m.

Objection. Sustained. Continued cross examination by Mr. Hildebrand. Plaintiff' exhibit 93 offered. s Court questions plaintiff - foundation needs to be laid. Continued cross examination. Plaintiff' exhibit 74 offered and received. s Continued cross examination. Plaintiff' exhibits 170 and 197 offered. s Continued cross examination. Plaintiff' exhibits 170 and 197 received. s Continued cross examination. Court in recess. Court in session. Jury present. Continued cross examination by Mr. Hildebrand. Bench conference regarding juror question. Court asks juror question of witness, Dr. Wilbur. Juror question marked as 1. Continued cross examination by Mr. Hildebrand. Further cross examination by Mr. Hildebrand. Witness excused. Redirect examination by Mr. Shane. Court in recess until tomorrow morning at 9:30 a.m.

3:18 p.m.

3:26 p.m.

3:32 p.m.

3:34 p.m.

3:41 p.m. 4:05 p.m. 4:07 p.m.

4:55 p.m. 4:56 p.m.

4:57 p.m. 5:03 p.m. 5:05 p.m. 4:58 p.m. 5:08 p.m.

Trial continues 10/14/05. Total time in court: 5 hours 46 minutes

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