Opinion
CASE NO. 11-cv-01557-PAB-KLM
08-01-2012
ENTEK GRB, LLC, Plaintiff (s), v. STULL RANCHES, LLC, Defendant (s).
Counsel Lucy Deakins L. Poe Leggette Dudley Von Holt
JUDGE PHILIP A. BRIMMER
COURTROOM MINUTES
Courtroom Deputy: Kathy Preuitt-Parks
Court Reporter: Janet Coppock
Time: 3 hours and 11 minutes
Counsel
Lucy Deakins
L. Poe Leggette
Dudley Von Holt
HEARING ON MOTION FOR PRELIMINARY INJUNCTION
9:09 a.m. COURT IN SESSION
APPEARANCES OF COUNSEL.
Plaintiff's Motion for Preliminary Injunction and Brief in Support (Doc #126)
Court and counsel address preliminary matters.
Ms. Deakins advises that the parties have stipulated to the authenticity of exhibits.
9:14 a.m. Opening statement by Ms. Deakins.
9:20 a.m. Direct examination of plaintiff's witness Tim Hopkins by Ms. Deakins.
Plaintiff's exhibit 2 identified, offered and ADMITTED.
Plaintiff's exhibit 12 identified, offered and ADMITTED.
Plaintiff's exhibit 52 identified, offered and ADMITTED, over objection by Mr. Von Holt.
Plaintiff's exhibit 34 identified, offered and ADMITTED.
Plaintiff's exhibit 33 identified, offered and ADMITTED.
Plaintiff's exhibit 30 identified, offered and ADMITTED.
10:20 a.m. Cross examination by Mr. Von Holt.
Defendant's exhibit J identified, offered and ADMITTED.
Plaintiff's exhibit 15 identified, offered and ADMITTED.
Plaintiff's exhibit 16 identified, offered and ADMITTED.
10:45 a.m. COURT IN RECESS
10:48 a.m. COURT IN SESSION
Cross examination by Mr. Von Holt continuses.
11:05 a.m. Redirect examination by Ms. Deakins.
Witness excused.
11:08 a.m. Direct examination of plaintiff's witness David Smith by Ms. Deakins.
Plaintiff's exhibit 3 identified, offered and ADMITTED.
Plaintiff's exhibit 4 identified, offered and ADMITTED,.
Plaintiff's exhibit 5 identified, offered and ADMITTED.
Plaintiff's exhibit 6 identified, offered and ADMITTED.
Plaintiff's exhibit 7 identified, offered and ADMITTED.
Plaintiff's exhibits 26 through 29 (inclusive) identified, offered and ADMITTED, over objection by Mr. Von Holt.
ORDERED: Plaintiff's remaining exhibit 1 through 43 that have not already been admitted are ADMITTED for purposes of these proceedings.
ORDERED: Defendant's exhibits A, C, D, F, G, H, and I are ADMITTED for purposes of these proceedings.
11:38 a.m. Mr. Von Holt proffers what the testimony of Kelly Sewell would be.
11:40 a.m. Ms. Deakins proffers what her cross examination of Mr. Sewell would be.
Plaintiff's exhibit 53 identified, offered and ADMITTED.
11:45 a.m. COURT IN RECESS
2:02 p.m. COURT IN SESSION
Plaintiff's exhibits 46, 49 and 50 identified offered and ADMITTED.
2:03 p.m. Closing argument by Ms. Deakins.
2:24 p.m. Closing argument by Mr. Von Holt.
2:37 p.m. Rebuttal closing argument by Ms. Deakins.
2:38 p.m. Rebuttal closing argument by Mr. Von Holt.
ORDERED: Plaintiff's Motion for Preliminary Injunction and Brief in Support (Doc #126) is TAKEN UNDER ADVISEMENT.
2:40 p.m. COURT IN RECESS
Total in court time: 191 minutes
Hearing concluded