Free Trial Sheet - District Court of California - California

Case 3:07-cv-02952-WHA Document 180 Filed 05/29/2008 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA Case No: C07-02952 WHA Case Name: DEL MAR SEAFOODS INC v. BARRY COHEN, ET AL., EXHIBIT and WITNESS LIST JUDGE: WILLIAM H. ALSUP TRIAL DATE: May 20, 22-23, 2008
PLF NO. DEF NO DATE OFFERED ID REC

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PLAINTIFF ATTORNEY: Max Kelly; Gregory Poulos REPORTER(S): Kathy Wyatt; Joan Columbini
DESCRIPTION

DEFENSE ATTORNEY: Gwendolyn Fanger; James Walsh CLERK: Dawn Toland BY

MAY 20, 2008

7:28 am

Bench Trial Began Preliminary Matters Addressed: Plaintiff's oral motion for pro hac vice of Jodie Taligferro is granted. Plaintiff will have Joe Roggio, Controller of Del Mar present and defendant Barry Cohen will be present during the trial. Defendant gave the Court courtesy copies of trial briefs 1) Federal Ship Mortgage Act; 2) atty/client privelge; 3) Mr. Cohen's claims for travel expenses.

7:38 am 8:00 am 8:21 am 7 8 37 38 22 23 24 18 25 9:19 am 9:34 am x x x x x x x x x x x x x x x x

Plaintiff's Opening Statement Defendants Opening Statement Plt's witness Joseph Roggio sworn-in Promissory Note First Preferred Mortgage Schedule of Payments Schedule of Payments Accounts Payable Trial Balance Accounts receivable Trial Balance Olde Port Fisheries Inventory Records Accounts Payable Trial Balance Cohen Check ($5,000) Recess Reconvene Plaintiff will not be allowed to have the Del Mar Seafoods owner Joseph Cappuccio present along with Joseph Roggio.

9:37 am

Continued Direct

37 30 31 33 34 35 36 40 38 47 42 43 44 11 12 15 16 17 19 20 21 29

Case 3:07-cv-02952-WHA Document 180 Filed 05/29/2008 x x Schedule of Payments x x x x x x x x x x x x subject to parole rule " " " " x x x x x x x x x 11:00 am 11:18 am x x x x x x x x x x x x x x x x x x x x x Olde Port Fisheries Account Del Mar Credit Memo F/V Point Loma Account Inquiry Cohen Check Cohen Check Cohen Check Cohen Check Schedule of Payments JV Assignment US Marshal Final Invoice Nat. Maritime Svcs. Invoice Sugar Dock LLC Invoices Fax from D. Smith to J. Roggio Del Mar Balance Sheet Asset Balance Sheet Asset Balance Sheet Asset Balance Sheet General Ledger Accounts Payable Aged Invoice Accounts Payable Trial Balance Cohen Check Recess Reconvene Cross Examination of Joseph Roggio 7 8 11 18 19 24 25 x x x x x x x x x x x x x x Promissory Note First Preferred Mortgage Fax from D. Smith to J. Roggio Accounts Payable Trial Balance General Ledger Detail Report Olde Port Fisheries Inventory Records Cohen Check

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29 37

Case 3:07-cv-02952-WHA Document 180 x x Cohen Check x x Schedule of Payments Deposition referred to

Filed 05/29/2008

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221 38 1:00 pm

x x

x x

Declaration of Joseph Roggio Schedule of Payments Recess until 5/22/08

MAY 22, 2008 7:30 am Reconvene Court ruled on the late designation, deemed a discovery request. The objections are sustained. 7:38 am 38 225 47 40 35 36 220 8:30 am 8:31 am 8:38 am 8:45 am x x x x x x x 5/20 x 5/20 5/20 5/20 5.20 x Continued Cross Examination of Joseph Roggio Schedule of Payments Balance Sheet JV Assignment Cohen Correspondence to Del Mar Cohen Check Cohen Check Declaration of Joe Roggio in support of plaintiff's opposition Witness Excused Plaintiff's witness Michael Cohen by deposition. Plaintiff's witness Leonard Cohen by deposition Plaintiff's witness Barry Alan Cohen sworn-in Deposition read 49 9:10 am 9:29 am x Declaration of Barry Cohen in support of motion for atty's fees Recess Reconvene Continued Direct Examination of Barry Cohen 85 86 9 withdrawn x x x x Declaration of Barry Cohen Email to B. Cohen from J. Cappuccio Cantrell Memo Deposition Read

79

Case 3:07-cv-02952-WHA Document 180 Filed 05/29/2008 Page 4 of 6 x Declaration of B. Cohen in support of motion to vacate Deposition Read

37

x

Cantrell Memorandum Deposition Read

84 51

x x

x x

2006 Tax Return Tax Return Plaintiff reserves the right to cross examine the witness during direct by defendant

10:33 am 10:34 am 10:50 am 49 46 11:10 am 11:27 am x x x

Witness Excused Plaintiff's witness Christene Cohen by deposition Plaintiff's witness Joseph Cappuccio sworn-in Cohen Declaration Cappuccio Assignment Recess Reconvene Cross Examination

228 47 46 221 12:04 pm 9 46 79 12:05 pm

x x x x x 5/20

Deposition of Joe Cappuccio JV Assignment Cappucccio Assignment Declaration of J. Cappuccio in support of opposition to motion to vacate arrest Plaintiff moved in exhibits #9, 46, 79

x x x

x x x

Cantrell Memo Cappuccio Assignment Declaration of B. Cohen in support of motion to vacate arrest Witness Excused Parties addressed an issue over witness Capt David Kobak appearing for the live testimony or reading his deposition. Witness is present and will be called in defendants case.

12:12 pm

Plaintiff's REST Defendants' witness Capt. David Kobak sworn-in

204 209 205

x x x

x x

Receipts for Income & Expenses Pre Arrest Receipts for Income & Expenses After Arrest Email

Case 3:07-cv-02952-WHA Document 180 12:39 pm Cross Examination Deposition Read 12:49 pm 12:50 pm 12:51 pm Redirect Examination Recross Examination Witness Excused

Filed 05/29/2008

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Parties responded to the Courts questions regarding 1) Avala Beach case; and 2) who made the advances to the sons 1:07 pm Recess until 5/23/08

MAY 23, 2008 7:30 am Reconvene Defendants' witness Christene Cohen by deposition 7:36 am 4 3 5 41 25 29 34 35 36 37 38 39 40 38 34 46 9:08 am 9:25 am x x x x x x x x x x x x x x x x 5/20 5/20 5/20 5/22 5/20 5/20 5/20 5/20 5/20 5/20 5/20 x x x Defendants' witness Barry Cohen called. Previously sworn-in US Groundfish Pemit F/V Point Loma USCG Certificate F/V Point Loma Abstract of Title Insurance Policies Covering the F/V Point Loma Cohen Check Cohen Check Cohen Check Cohen Check Cohen Check Schedule of Payments Schedule of Payments Schedule of Payments Cohen Correspondence to Del Mar Schedule of Payments Cohen Check Cappuccio Assignment Recess Reconvene Continued Direct of Barry Cohen

226 46 47 203 204 206 209 210 212 224

Case 3:07-cv-02952-WHA Document 180 Filed 05/29/2008 Page 6 of 6 x F/V Point Loma Income for 14 Fishing Trips x x x x x x x x x 9:55 am 9:58 am 5/22 5/20 x 5/22 x 5/22 Cappuccio Assignment JV Assignment Settlement Sheets Receipts for Income & Expenses Pre Arrest Calculation of Net Income by Trip, Pre and Post Arrest Receipts for Income & Expenses Post Arrest Travel Expenses to SF Travel Expenses to SF Travel Expense Claim Form Plaintiff's Motion in Limine to Exclude Evidence re Cost Incurred for Court Proceedings is sustained Continued Direct x 10:02 am x Payments to Captain and Crew Cross Examination x x x x x x 11:03 am x x x x x Responses to 1st Set of Admissions (#5,6,4,27,26,19,28,33) Declaration of B. Cohen F/V Point Loma Monthly Trip Revenue F/V Point Loma Trip Breakdown Del Mar Income Statement Summary 1999-2004 F/V Poijnt Loma Income for 14 Fishing Trips Witness Excused No Rebuttal Case Court would like exhibits #1 and 2 to moved in the record for the Court of Appeals. No objections.

211

87 80 52 53 54 226

1 2

x x

x x

Color Photograph of the F/V Point Loma Color Photograph of the F/V Point Loma Court addressed the deadlines for filing the proposed findings of fact.

11:15 am

Adjourned