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Doc191 Bench Trial Minutes Concluded 7 03 12 .pdf



Original filename: Doc191-Bench-Trial-Minutes-Concluded-7-03-12.pdf
Title: J:\Courtroom Documents\TRIAL\511cv32 Slep-Tone Bench Trial\511cv32 Civil Trial Minutes.wpd
Author: kcowdell

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Case 5:11-cv-00032-RS-CJK Document 191 Filed 07/03/12 Page 1 of 3

United States District Court
CIVIL MINUTES - TRIAL
Case No. 5:11cv32-RS/CJK
Date: July 2, 2012 - July 3, 2012
In Re SLEP-TONE ENTERTAINMENT CORPORATION, CONSOLIDATED CASES
PROCEEDINGS:

PRESENT:

Bench Trial Held: 7/2/12 - 7/3/12

HON. RICHARD SMOAK , Presiding Judge
Kristin Cowdell
Deputy Clerk

Attorneys present for Plaintiff
James Harrington (JH)

Lisa Jones
Court Reporter

Attorney present for Defendant
Mitch Dever (MD)
Pro Se Defendants
Robert Paynter, Sr.

_____ Case called and continued to _____________________________________________________________.
W COURT TRIAL
JURY TRIAL

See separate list for witnesses and exhibits
Case continued to
Jury Retires to deliberate at
on
. Jury returns at
on
.
Ordered Jury to be taken to
;
Be lodged for night.
FINDINGS BY COURT
JURY VERDICT. See signed Verdict
Jury Polled
Polling waived
Mistrial Declared
JUDGMENT BY COURT for
Plaintiff
Defendant For $
W Findings, Conclusions of Law, Judgment to be prepared by W Plaintiff
W Defendant
Briefs to be filed
Plaintiff
Defendant
Reply
Continued to

For

Setting

Trial

Further trial

Case 5:11-cv-00032-RS-CJK Document 191 Filed 07/03/12 Page 2 of 3
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
CIVIL MINUTES

JUDGE RICHARD SMOAK
Kristin Cowdell, Courtroom Deputy
Lisa Jones, Court Reporter
Case:
Legend:

Pla
Dft

James Harrington (JH)
Mitch Dever (MD), Robert Paynter (RP)(pro se)

DATE
July 2, 2012 MONDAY
TIME
9:36

Court in Session
Counsel update Court on status of the case. (MD)(JH)
Court: Motion to continue trial.
9:41 Plaintiff’s Attorney James Harrington Opening Statements (JH)
9:45 Deft’s Attorney Mitch Dever Opening Statements (MD)
9:53 Deft Robert Paynter Opening Statements (RP)
9:54 Plaintiff Calls:
Kurt Slep
Sworn
Direct (JH)
Plaintiff Exhibit 1
Marked/Admitted
Plaintiff Exhibit 2
Marked/ Admitted
Plaintiff Exhibit 3
Marked/ Admitted
Plaintiff Exhibit 4
Marked/ Admitted
Plaintiff Exhibit 5
Marked/ Admitted
Plaintiff Exhibit 6
Marked/ Admitted
Plaintiff Exhibit 7
Marked Only
10:53 Court in Recess
11:06 Court Resumes
Continuation of:
Previously Sworn
Direct (JH)
Kurt Slep
Plaintiff Exhibit 7
Previously Marked Only/ Admitted
Plaintiff Exhibit 6
(previously Marked/Admitted)
Plaintiff Exhibit 8
Marked/ Admitted
Plaintiff Exhibit 9
Marked/ Admitted
Plaintiff Exhibit 10 Marked/ Admitted
Plaintiff Exhibit 11 Marked/ Admitted
Plaintiff Exhibit 14 Marked Only
11:54 Court in Recess until 1:00 p.m.
1:05

2:36

Court Resumes
Continuation of:
Kurt Slep
Plaintiff Exhibit 6
1:11 Cross (MD)
Defendant Exhibit 1
Plaintiff Exhibit 7
Defendant Exhibit 2
Defendant Exhibit 3
Court in Recess

Previously Sworn
Direct (JH)
(previously Marked/ Admitted)
Marked/ Admitted
(previously Marked/ Admitted)
Marked/ Admitted
Marked/ Admitted

Case 5:11-cv-00032-RS-CJK Document 191 Filed 07/03/12 Page 3 of 3
JURY TRIAL MINUTES CONTINUED

2:55

3:12

4:02

4:34

Court Resumes
Continuation of:
Previously Sworn
Cross (RP)
Kurt Slep
3:05 Redirect (JH)
Defendant Exhibit 3 (previously Marked/Admitted)
Plaintiff Calls:
Sworn
Direct (JH)
George Davis
Plaintiff Exhibit 8
(previously Marked/Admitted)
Plaintiff Exhibit 9
(previously Marked/Admitted)
Plaintiff Exhibit 10 (previously Marked/Admitted)
3:48 Cross (MD)
Defendant Exhibit 5 Marked Only
Plaintiff Exhibits 8,9,10
(previously Marked/Admitted)
Plaintiff Calls:
Robert Paynter
Sworn
Direct (JH)
Plaintiff Exhibit 13 previously Marked Only/ Admitted
Plaintiff Exhibit 14 previously Marked Only/ Admitted
Plaintiff Exhibit 12 previously Marked Only/ Admitted
Court in Recess until Tuesday, July 3, 2012, at 9:00 a.m.

DATE
July 3, 2012 TUESDAY
TIME
9:01
9:01

9:44
9:46
9:47
10:39
10:59
11:27
11:34
11:35

Court Resumes
Plaintiff Rests
Defendant Calls:
Sworn
Direct (MD)
George Davis
Defendant Exhibit 5 Marked/ Admitted
Defendant Exhibit 6 Marked/ Admitted
Defendant Exhibit 7 Marked/ Admitted
9:20 Cross (JH)
Defendant Exhibit 5 (previously Marked/Admitted)
Plaintiff Exhibit 5
(previously Marked/ Admitted)
Defendants Donovan’s Reef and Green Glass Mall Rest (MD)
Defendant Robert Paynter Rests (RP)
Plaintiff’s Attorney James Harrington Closing Statements (JH)
Defendants’ Attorney Mitch Dever Closing Statements (MD)
Plaintiff’s Attorney James Harrington Rebuttal Argument (JH)
Defendant Robert Paynter Closing Statements (RP)
Court: Counsel shall submit findings of fact and conclusions of law by 7/13/12.
Court Adjourned
** All exhibits will be maintained in the PC Clerk’s Office for a period of 90 days **

PAGE 3


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