Free Order on Motion to Strike - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES - BENCH TRIAL Phoenix Division CIV 04-78-PHX-FJM Year Case No Initials DATE: 8/26/2008

Title: Shimko, et al. vs. Woodcock et al. Plaintiff(s) Defendant (s) ========================================================================= HON: FREDERICK J. MARTONE Kerry Reynolds Deputy Clerk Attorney(s) for Plaintiff(s) Richard Hricik Timothy A. Shimko Judge # 7028 Linda Schroeder Court Reporter/ECR Attorney(s) for Defendant(s) Roger Cohen for Ross Defendants Richard McDaniel for Woodcock & Goldfarb Dfts.

========================================================================= PROCEEDINGS: XXX Open Court Chambers Other

9:05 a.m. This is the time set for Bench Trial in this matter. Parties stipulate to the figures in the document that will be marked as Exhibit 111. Based on the stipulation, Dft Woodcock's Motion to Strike re: Plaintiff's Statement and Corrected Statement of Claim is deemed moot. Counsel present opening statements. Plaintiff's case: Timothy Shimko is sworn and examined. Exhibits 72-75, 77, 70, 71, 37-64, 104-110, 836, and 88-103 are admitted in evidence. 10:35 a.m. Recess. 10:48 a.m. Court reconvenes. Plaintiff's case continues: Timothy Shimko continues testifying. Exhibits 78, 1, 2, 111, 3-7, 228, and 203 are admitted in evidence. 12:04 p.m. Recess. 1:30 p.m. Court reconvenes. Plaintiff's case continues: Timothy Shimko continues testifying. Exhibits 65, 207, and 205 are admitted in evidence. 3:03 p.m. Recess. 3:17 p.m. Court reconvenes. Plaintiff's case continues: Timothy Shimko continues testifying. Exhibits 208, 213, 214, 218, and 220-226 are admitted in evidence. Plaintiff rests. After argument by the parties, the Court admits all of the prior statements (transcripts) of Mr. Shimko at the prior trial. Mr. Cohen makes an oral motion for directed verdict on behalf of the Ross defendants. Mr. McDaniel makes an oral motion for directed verdict on behalf of the Woodcock and Goldfarb defendants. The motions are argued. The motions are taken under advisement. Defendants rest. Schedule discussed. 4:41 p.m. Court stands at recess until 9:00 a.m. on Wednesday, August 27, 2008.

Case 2:04-cv-00078-FJM

Document 255

Filed 08/26/2008

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