07/16 12:27
00:00:00 Everybody please be seated and we are back on record folks on Kroenke v Treasure chest 3AN20-08622 Civil parties and council are present juries out everybody's had a break ready to go collect the jury amount of work
00:00:43 Seth kroenke v Treasure chest LLC
00:01:43 You have to clean up your office.
00:01:46 20 piles on the floor.
00:01:48 And my little junior desk.
00:01:49 Lookss like a freshman dormitory.
00:01:56 Seth Kroenke, my junior desk.
00:01:58 I have this little 5 foot table that I get to work on.
00:02:05 As long as I behave myself.
00:02:07 All right, welcome back, everybody.
00:02:33 Please have a seat.
00:02:44 so ladies and gentlemen again as I mentioned a moment ago you've now heard all the evidence in the case and you've heard the arguments of the lawyers it's time for the court to give you instructions on the law I've given you each a set of the jury instructions which you can take you can either read along as I'm reading them to you but you also will get to take those those jury instructions with you into the jury rooms just so that everybody's clear so I'm going to give you these instructions and then the last thing we're going to do is pick our alternate and then we're going to
00:03:14 send the case to you all so thank you for your patience I do read these because I have to give it word for word these are the instructions on the law that I have developed with input from the parties and this is the process that we have to go through so with that members of the jury you have now heard and seen all of the evidence in the case and you have heard argument about the meaning of the evidence we have reached the stage of the trial where I instruct you about the law to be applied
00:03:43 It is important that each of you listen carefully to the instructions Your duty as jurors does not end with your fair and impartial consideration of the evidence Your duty also includes paying careful attention to the instructions so that the law will properly and justly be applied to the parties in this case You will have a copy of my instructions with you when you go to the jury room to deliberate and to reach your verdict But it is still absolutely necessary for you to pay careful attention to the instructions now
00:04:13 Sometimes the spoken word is clearer than the written word, and you should not miss the chance to hear the instructions.
00:04:19 I will give them to you as clearly as I can in order to assist you as much as possible.
00:04:25 The order in which the instructions are given has no relation to their importance.
00:04:29 The length of the instructions also has no relation to importance.
00:04:33 Some concepts require more explanation than others, but this does not make longer instructions more important than shorter ones.
00:04:41 All of the instructions are important and all should be carefully considered.
00:04:46 You should understand each instruction and see how it relates to the others given.
00:04:54 Do not assume that I have any views about the case because of the instructions I am giving you now.
00:04:59 What I'm telling you in these instructions is the law that applies to all parties appearing before the court.
00:05:05 Nothing that I say or do should lead you to think that I favor or disfavor any party.
00:05:10 I try to be fair and impartial just as you are required to be but if anything I have said or done during the trial or in these instructions has caused you to believe that I favor or disfavor any party I now instruct you that it is your duty to disregard my actions you must decide this case without favoritism or prejudice on the basis of the evidence and the law as it is explained to you
00:05:37 The weight to be given to the evidence is for you to determine.
00:05:41 You must examine the evidence carefully and decide how to evaluate it in light of the law that I have given you in these instructions.
00:05:49 In your deliberations, you must not be governed by mere sentiment, unsupported conjecture, sympathy, passion, prejudice, public opinion, or public feeling.
00:05:59 You should consider the evidence in light of your own common sense and observations and experiences in everyday life.
00:06:06 but you may not consider other sources of information not presented to you in this court.
00:06:16 Some of the instructions that follow ask you to decide whether something is more likely true than not true.
00:06:22 Something is more likely true than not true if you believe that the chance that it is true is even the slightest bit greater than the chance that it is not true.
00:06:31 In more familiar language, something is more likely true than not true if you believe that there is a greater than 50% chance that it is true.
00:06:41 51% probability is enough.
00:06:42 No more is required for you to decide that something is more likely true than not true.
00:06:48 If you believe that the chance that something is true is 50-50 or less, you must decide that it is not true.
00:06:58 You must not determine any issue in this case by flipping a coin, drawing straws, or other resort to chance.
00:07:04 If you decide that a party is entitled to recover damages, you cannot simply agree to simply average estimates from each juror.
00:07:12 Each of you should use your own independent judgment in deciding what you think the appropriate amount of damages should be.
00:07:19 But ten of you must agree on an amount before entering it on the verdict form.
00:07:26 You have heard a number of witnesses testify in this case.
00:07:29 You must decide how much weight to give the testimony of each witness.
00:07:33 In deciding whether to believe a witness and how much weight to give a witness's testimony, you may consider anything that reasonably helps you to evaluate the testimony.
00:07:43 Among the things that you should consider are the following.
00:07:46 Number one, the witness's appearance, attitude, and behavior on the stand and the way the witness testified.
00:07:53 number two the witnesses age intelligence and experience number three the witnesses opportunity and ability to see or hear the things the witness testified about number four the accuracy of the witnesses memory number five any motive of the witness not to tell the truth number six any interest that the witness has in the outcome of the case number seven any bias of the witness number eight the consistency of the witnesses testimony
00:08:21 and whether it was supported or contradicted by other evidence.
00:08:25 You should bear in mind that inconsistencies and contradictions in a witness's testimony or between a witness's testimony and that of others do not necessarily mean that you should disbelieve the witness.
00:08:36 It is not uncommon for people to forget or to remember things incorrectly and this may explain some inconsistencies and contradictions.
00:08:45 It is also not uncommon for two honest people to witness the same event and see or hear things differently.
00:08:51 It may be helpful when you evaluate inconsistencies and contradictions to consider whether they relate to important or unimportant facts.
00:09:00 If you believe that part of a witness's testimony is false, you may also choose to distrust other parts of that witness's testimony, but you are not required to do so.
00:09:10 You may believe all, part, or none of the testimony of any witness.
00:09:18 You need not believe a witness even if the witness's testimony is uncontradicted.
00:09:23 However, you should act reasonably in deciding whether you believe a witness and how much weight to give to the witness's testimony.
00:09:31 You are not required to accept testimony as true simply because a number of witnesses agree with each other.
00:09:37 You may decide that even the unanimous testimony of witnesses is erroneous.
00:09:41 However, you should act reasonably in deciding whether to reject uncontradicted testimony.
00:09:47 When witnesses are in conflict, you need not accept the testimony of a majority of witnesses.
00:09:53 You may find the testimony of one witness or of a few witnesses more persuasive than the testimony of a larger number.
00:10:02 An expert witness testified in this case.
00:10:05 Experts have special training, education, skills, or knowledge that may be helpful to you.
00:10:11 In deciding whether to believe an expert and how much weight to give expert testimony, you should consider the same things that you would when any other witness testifies.
00:10:21 In addition, you should consider the following things.
00:10:24 1.
00:10:24 The special qualifications of the expert 2.
00:10:28 The expert's knowledge of the subject matter involved in the case 3.
00:10:32 The source of the information considered by the expert 4.
00:10:36 The reasons given for the expert's opinions
00:10:39 As with other witnesses, you must decide whether to believe an expert and how much weight to give to expert testimony.
00:10:46 You may believe all, part, or none of the testimony of an expert witness.
00:10:50 You need not believe an expert even if the testimony is uncontradicted.
00:10:55 However, you should act reasonably in deciding whether or not you believe an expert witness and how much weight to give to expert testimony.
00:11:04 The testimony of a witness was read to you from a deposition.
00:11:07 When a deposition is taken, the witness takes an oath that is identical in purpose to the oath given to the witnesses who testify before you here in the courtroom.
00:11:16 The law does not distinguish between deposition testimony and live testimony.
00:11:20 Both are valid forms of testimony.
00:11:23 Deposition testimony should be weighed by you as you would any other testimony.
00:11:27 However, you may consider that you have not seen and heard the witness testify.
00:11:31 It is for you to decide whether this is significant.
00:11:37 Some of the testimony of some witnesses was presented by Zoom video.
00:11:42 The law does not distinguish between Zoom or video testimony and live testimony.
00:11:47 Both are valid forms of testimony.
00:11:49 Video testimony should be weighed by you as you would any other testimony.
00:11:56 You are reminded that the law prohibits some types of information from being presented as evidence in a court of law.
00:12:03 This helps you to focus on important and reliable evidence by excluding irrelevant, improper or unreliable information.
00:12:11 An attorney has a duty to object when the other side offers evidence that the attorney believes is not admissible.
00:12:16 You should not be influenced by the fact that objections were made to certain questions or to certain evidence.
00:12:22 You should also not be influenced by the number of objections that were made.
00:12:26 You should also draw no conclusions about the case from my rulings on objections.
00:12:30 These rulings were determined by the law
00:12:32 and were not based on my views as to the merits of the case, the evidence, the witnesses, or the attorneys.
00:12:39 If I sustained an objection, you must disregard the question and any answer entirely.
00:12:43 You may not draw any inference from the question or speculate what the witness would have said if permitted to finish answering the question.
00:12:51 During your deliberations, you must not consider any evidence that I instructed you to disregard.
00:12:57 Remember that the questions asked by attorneys are not evidence.
00:13:00 only the answers to questions are evidence you may consider questions only to help you understand the answers after the evidence was presented you heard closing arguments during closing arguments the parties told you what they believe the evidence has proved and urged you to draw certain conclusions about the evidence remember that what was said in closing arguments is not evidence during the trial exhibits were admitted as evidence
00:13:28 in deciding how much weight if any to give an exhibit you should examine its contents and consider how it relates to other evidence in the case keep in mind that exhibits are not necessarily better evidence than testimony from witnesses you will have the exhibits with you in the jury room when you deliberate the fact that an exhibit is available to you for your examination does not mean that it is entitled to more weight than testimony from witnesses
00:13:56 You have heard evidence that a participant or participants in conversations recorded all or part of the conversations It is legal for a participant in a conversation to record that conversation A participant in a conversation is not required to inform any other participant that the conversation is being recorded Mr. Kroenke claims that he had a contract with Mr. Elliott and Treasure Chest LLC and that Mr. Elliott and Treasure Chest LLC
00:14:26 breached the contract.
00:14:27 Mr. Kroenke is seeking an award of damages for Mr. Elliott and Treasure chest LLC's breach of the contract.
00:14:34 Similarly, Mr. Elliott claims that he and Treasure Chest LLC had a contract with Mr. Kroenke and that Mr. Kroenke breached the contract.
00:14:42 Mr. Elliott and Treasure Chest LLC are seeking an award of damages for Mr. Kroenke's breach of the contract.
00:14:50 In order to find
00:14:51 In favor of Mr. Kroenke on this claim, you must decide that it is more likely true than not true, that number one, there was a contract between Mr. Kroenke and Mr. Elliott and our Treasure Chest LLC, and number two, Mr. Elliott and our Treasure Chest LLC breached the contract.
00:15:08 If you decide that both elements of Mr. Kroenke's claim are more likely true than not true, your verdict on this claim must be in favor of Mr. Kroenke, and you must determine the amount of damages to be awarded to Mr. Kroenke.
00:15:21 Otherwise, your verdict on this claim must be in favor of Mr. Elliott and or Treasure chest LLC.
00:15:28 In order to find in favor of Mr. Elliott and treasure chest LLC on this claim, you must decide that it is more likely true than not true that there was a contract between Mr. Elliott and or treasure chest LLC and Mr. Kroenke, and Mr. Kroenke breached the contract.
00:15:44 If you decide that both elements of Mr. Elliott's and treasure chest LLC's claims are more likely true than not true,
00:15:50 Your verdict on this claim must be in favor of Mr. Elliott and Treasure chest LLC and you must determine the amount of damages to be awarded to Mr. Elliott and treasure chest LLC.
00:16:01 Otherwise your verdict on this claim must be in favor of Mr. Kroenke.
00:16:08 A breach of contract occurs when a party to a contract fails to perform an obligation that is required by the contract.
00:16:15 A person or company breaches a contract when he fails to do something that the contract requires him to do, or when he does something that the contract prohibits him from doing.
00:16:28 Now I will instruct you on the implied promise of good faith and fair dealing.
00:16:32 In every contract there is an implied promise of good faith and fair dealing.
00:16:37 This means that each party promises not to do anything to destroy or injure the right of the other party to receive the benefits of the contract.
00:16:45 The implied promise of good faith and fair dealing does not modify the express terms of the contract by adding terms to the contract or prohibiting what the contract explicitly permits.
00:16:56 Mr. Elliott and or his company Treasure Chest LLC breached the implied promise of good faith and fair dealing if you find it is more likely true than not true that number one, Mr. Elliott and or Treasure Chest LLC intentionally deprived Mr. Kroenke of a benefit of the contract or
00:17:14 Number two, Mr. Elliott and or Treasure chest LLC deprived Mr. Kroenke of a benefit of the contract by acting in a manner that a reasonable person would regard as unfair.
00:17:28 If you find in favor of Mr. Kroenke on his claim for breach of contract, you must decide how much money, if any, will fairly compensate Mr. Kroenke for a financial loss caused by Mr. Elliott and or treasure chest LLC's breach of the contract.
00:17:43 This compensation is called compensatory damages.
00:17:48 The purpose of an award of compensatory damages is to put Mr. Kroenke in the same financial position that he would have been in if Mr. Elliott and or Treasure Chest LLC had fully performed its obligations under the contract.
00:18:01 As compensatory damages, Mr. Kroenke claims the following.
00:18:05 Number one, $273,149.63
00:18:11 which is half of what Mr. Kroenke spent at the mine and number two, half of the value of gold that Mr. Kroenke would have mined if Mr. Elliott and or Treasure Chest LLC had followed the contract.
00:18:23 To award compensatory damages to Mr. Kroenke for Mr. Elliott and or Treasure Chest LLC's breach of contract, you must find it is more likely true than not true that number one, Mr. Elliott and or Treasure Chest LLC's
00:18:38 breach of the contract caused Mr. Kroenke financial loss and number two when Mr. Kroenke and Mr. Elliott and or Treasure chest LLC entered into the contract Mr. Elliott and or treasure chest LLC knew or could have reasonably foreseen that this financial loss would be a probable result if Mr. Elliott and or treasure chest LLC breached the contract a financial loss from breach of contract is a reasonably foreseeable
00:19:08 If, A, the loss follows in the ordinary course of events from the breach, or, B, the loss follows from special circumstances that the party had reason to know about when the party entered into the contract.
00:19:21 Number three, Mr. Kroenke has established the amount of his financial loss with reasonable certainty.
00:19:28 An award of compensatory damages must be based on evidence and not on speculation, guesswork, or conjecture.
00:19:35 If you decide that these requirements for an award of compensatory damages have not been met, you cannot award compensatory damages to Mr. Kroenke.
00:19:44 Instead, you must award Mr. Kroenke nominal damages.
00:19:48 In a moment I will instruct you regarding an award of nominal damages.
00:19:52 If you find in favor of Mr. Elliott and Treasure Chest LLC on their claim of breach of contract, you must award
00:19:59 Mr. Elliott and Treasure chest LLC nominal damages in a moment I will instruct you on award of nominal damages if you find in favor of Mr. Kroenke on a claim but you decide that Mr. Kroenke is not entitled to an award of damages you must award Mr. Kroenke the amount of one dollar this award is called nominal damages similarly if you find in favor of Mr. Elliott and treasure chest LLC on a claim
00:20:28 but you decide that they are not entitled to an award of damages, you must award Mr. Elliott and Treasure chest LLC the amount of $1.
00:20:36 This award is called nominal damages.
00:20:43 Mr. Elliott and Treasure Chest LLC alleges that Mr. Kroenke committed the tort of abuse of process by recording liens against Treasure Chest LLC's property.
00:20:53 Mr. Kroenke committed the tort of abuse of process if you find it is more likely true than not true.
00:21:00 1.
00:21:00 Mr. Kroenke committed a willful act in the use of the process not proper in the regular conduct of the proceeding.
00:21:07 2.
00:21:07 Mr. Kroenke had an ulterior motive.
00:21:11 3.
00:21:11 Mr. Elliott and Treasure Chest LLC were harmed.
00:21:15 4.
00:21:15 Mr. Kroenke's conduct was a substantial factor in causing Mr. Elliott and Treasure Chest LLC's harm.
00:21:22 filing a lawsuit even with an ulterior motive is not an abusive process.
00:21:27 Instead, to win their claim, defendants must prove that Mr. Kroenke misused process to attain some separate ulterior purpose independent from the process and not properly involved in the proceeding itself.
00:21:40 For example, to extort defendants and force them to take some action by the use of that process as a threat.
00:21:50 Hardy's conduct is a substantial factor in causing harm if number one the harm would not have occurred without the conduct and number two the conduct was important enough in causing the harm that a reasonable person would hold the person responsible the conduct cannot be a remote or trivial factor mister Elliott and Treasure Chest LLC have requested that you award them punitive damages
00:22:16 Punitive damages are a separate amount of money awarded for the purpose of punishing Mr. Kroenke and deterring Mr. Kroenke and others from repeating similar acts.
00:22:25 At this time you must determine whether Mr. Elliott and Treasure Chest LLC are eligible for an award of punitive damages.
00:22:32 Mr. Elliott and Treasure Chest LLC are eligible for an award of punitive damages only if he proves by clear and convincing evidence that Mr. Kroenke's conduct
00:22:42 which forms the basis of your verdict on abuse of process, demonstrated reckless indifference to the interests of others, or was outrageous.
00:22:51 Outrageous conduct includes acts done with malice or bad motives.
00:22:56 I will now define what it means to prove something by clear and convincing evidence.
00:23:01 An alleged fact is established by clear and convincing evidence if the evidence leads you to believe that the alleged fact is highly probable.
00:23:10 It is not necessary that the alleged fact be certainly true or true beyond a reasonable doubt or conclusively true.
00:23:17 However, it is not enough to show that the alleged fact is more likely true than not true.
00:23:22 At this time, you must only decide whether Mr. Elliott and Treasure Chest LLC are eligible for an award of punitive damages.
00:23:30 You should not discuss or decide the amount of any punitive damages award.
00:23:35 If you decide that Mr. Elliott and Treasure chest LLC are eligible for an award of punitive damages, I will give you additional instructions regarding a punitive damage award.
00:23:47 You are still bound by your oath as a juror to render a verdict according to the law and the evidence.
00:23:53 During deliberations, you must conscientiously consider and weigh the evidence, apply the law and work to reach a verdict.
00:24:00 You will take my instructions, the exhibits and the verdict form with you to the jury room.
00:24:05 when you get to the jury room you should elect one juror to be your foreperson that person will preside over the deliberations and speak for you in court you will then discuss the case with your fellow jurors each of you must decide the case for yourself but only after you have fully considered the evidence discussed it with other jurors and listened to their views it is rarely productive for a juror upon entering the jury room to make an emphatic expression of his or her opinion on the case
00:24:37 When that happens, that juror may hesitate to change his or her announced position, even if it was shown that it is incorrect.
00:24:46 Do not be afraid to change your opinion, if the discussion persuades you that you should.
00:24:51 But do not change an honest belief about the evidence simply to reach a verdict.
00:24:56 You are to deliberate from 8.30 to 4.30 each day, except Saturday and Sunday.
00:25:01 You may decide among yourselves when to take your lunch break.
00:25:05 the bailiff will arrange for lunch and will make phone calls to your families if necessary and let them know your schedule you are never to reveal to any person not even to the bailiff or to the judge how the jury stands numerically or otherwise on the questions before you until authorized by the judge in open court any juror who believes there has been a violation of my instructions concerning deliberations must send a note reporting this to me as soon as possible
00:25:34 If it becomes necessary during your deliberations to communicate with me, you may give the bailiff a note.
00:25:39 The note should be signed by your foreperson or by one or more members of the jury and should contain the date and time of the communication.
00:25:47 No member of the jury should ever communicate with me by any means other than a signed note.
00:25:53 Judges sometimes receive written questions from jurors during their deliberations.
00:25:58 Although I cannot always answer those questions, if you desire to ask a question, you may write the question on a piece of paper and hand it to the bailiff.
00:26:06 A delay will occur prior to a response to your question, since I must first convene the attorneys for consideration of the question.
00:26:15 The law prohibits the bailiff from answering questions about the case or providing you with any books or materials.
00:26:21 The bailiff is forbidden to communicate with any juror about the substance of the case.
00:26:27 If you would like to re-hear the testimony of a witness, you may send me a note and I will decide whether you should hear the testimony again.
00:26:35 No new evidence will be presented.
00:26:40 During deliberations, you may have any notes that you took during trial.
00:26:43 You may use your notes only to refresh your own recollection.
00:26:47 Do not read your notes aloud or show them to other jurors.
00:26:51 The recollection of a juror who took notes is not necessarily more accurate than the recollection of another juror who did not take notes.
00:26:59 When the case is over your notes will be collected and destroyed.
00:27:05 The verdict form has a series of questions that the jury must answer.
00:27:09 Read the verdict form carefully.
00:27:11 Each question is followed by specific instructions telling what to do next.
00:27:16 At least 10 of you must agree to the answer to each question on the verdict form.
00:27:21 But the same 10 people need not agree on each answer.
00:27:24 When at least 10 of you reach agreement on each question that you're required to answer, your foreperson should date and sign the verdict form.
00:27:33 If you agree on a verdict before 4 p.m., your foreperson should advise the bailiff by a written note that you have reached a verdict.
00:27:40 The bailiff will advise the court, and the court will contact the parties and counsel.
00:27:45 As soon as everyone returns to the courtroom, the jury will present the verdict in open court.
00:27:50 After the verdict is presented, members of the jury will be excused.
00:27:54 If you do not agree on a verdict before 4 p.m., but you agree later on tonight, your foreperson should date and sign the verdict form and place it together with the instructions and the exhibits in the envelope I'm giving you.
00:28:07 The foreperson will seal the envelope and give the sealed envelope to the bailiff.
00:28:11 Exhibits that do not fit in the envelope may be kept in the jury room.
00:28:15 If you use this method of sealing your verdict, you must return to the jury room tomorrow by 830.
00:28:20 You must not speak with anyone concerning the case and the verdict until the verdict is opened in court in your presence.
00:28:29 If you do not agree on a verdict before 4pm, you may return to your homes.
00:28:34 You must not talk about the case or your deliberations outside the jury room.
00:28:38 Before you go home, the foreperson of the jury should take the unsigned verdict form
00:28:43 These instructions and the exhibits, place them in the envelope I'm giving you, seal the envelope and lock the jury room so that the exhibits, instructions, and unsigned verdict form will remain undisturbed.
00:28:55 If you have not agreed on a verdict, you must return to the jury room tomorrow morning by 8.30 to continue deliberations.
00:29:03 Ladies and gentlemen, those are the instructions on the law.
00:29:06 As I mentioned, we have one final task, and then we're going to send you off to deliberate.
00:29:12 As we start through this final process, I want to thank all of you for your attention, for your patience in this process.
00:29:20 I hope you've learned something, even if you don't get to deliberate.
00:29:25 The person who gets selected as an alternate sometimes has conflicting feelings because they have sat through all the evidence and they have an invested peace of mind in knowing how things turn out.
00:29:39 Other people are
00:29:41 Delighted to be done and run out.
00:29:44 I hope it's the former for you that you all want to see this through all the way to the end.
00:29:49 It's an unfortunate part of this that we have an alternate to make sure that we have a full 12 when we get to this point.
00:29:56 I've kept you all the way through the instructions, and thank you for your patience, but now I have to select an alternate.
00:30:02 We do this by random draw.
00:30:04 There's no pre-selected alternate.
00:30:07 So, Madam Clerk, if you would give us a random juror number, please.
00:30:15 JUROR NUMBER SEVEN, MR. SUSI.
00:30:24 MR. SUSI, IF YOU WOULD LEAVE YOUR NOTES AND THE INSTRUCTIONS ON THE CHAIR, YOU'RE GOING TO BE DISMISSED FROM THE JURY.
00:30:33 THANK YOU FOR YOUR SERVICE.
00:30:34 THANK YOU FOR YOUR ATTENTION.
00:30:36 I think you may already have lunch ordered so don't leave without grabbing your lunch can't deliberate again thank you for your service if you are curious how it all turned out you can contact the courts judicial assistant in a number of days and we'll be happy to let you know what the verdict was
00:30:57 Mr. Soucy again thank you and for the rest of you you are now free to deliberate you may take your notepads and the jury instructions and go with our bailiff and thank you for your patience and your service
00:31:32 Alright folks, jury is out.
00:31:34 The case is theirs.
00:31:35 Let's just double check the exhibits.
00:31:37 The thumb drives aren't ready yet for the jury.
00:31:58 Okay.
00:32:00 We haven't both verified for each other.
00:32:01 Okay.
00:32:05 Let's do this then.
00:32:07 You've got laptops there.
00:32:10 You can do the verifications.
00:32:12 Well, we were hesitant enough to put each other's USB drives in each other's computers.
00:32:16 I can understand that.
00:32:17 Anybody got a blank thumb drive?
00:32:23 And my computer doesn't take thumb drives.
00:32:29 I just need to check mine, Your Honor.
00:32:34 And Your Honor, while Mr. Campion is doing that, what is your rule for our – how far we can be from this courtroom while there is deliberation?
00:32:45 MR. I'd like you to – well, anybody who might have been thinking about going fishing on the Kenai, that's a little far.
00:32:55 What?
00:32:56 Or anybody thinking about going back to Dan Creek, that's a little far.
00:33:02 Typically I'd like you to be within an hour at the most.
00:33:08 preferably 30 minutes to get back here here's the question that I always ask though if we've got questions from the jury do you want to take those by phone or do you want to be here in person and if it's a question for the lawyers do you want your clients here we could be here in person judge will be five minutes away at our office is just done I'll be here in person as well I mr. Elliott may or may not be here we won't wait for him if it's a question okay and for verdict I'll be in Los Alamos
00:33:39 Okay.
00:33:40 Mr. Kroenke will be here.
00:33:41 I'll deal with that.
00:33:42 Yeah, I'll inform the clerk.
00:33:43 Okay.
00:33:43 I just – so it's your right to be here, but you can waive that right.
00:33:49 So he'll be here unless I tell the clerk otherwise, Your Honor.
00:33:52 Okay.
00:33:52 Fair enough.
00:33:53 And Mr. Brzezinski, Mr. Kroenke will be here unless you tell me otherwise.
00:33:56 Absolutely.
00:33:57 Yes, sir.
00:33:58 Okay.
00:33:58 And we'll be within five or ten – most ten minutes from the clerk.
00:34:01 And if you'd make sure that Madam Clerk has cell phone numbers for each of you.
00:34:04 Yes, sir.
00:34:04 I will make sure of that.
00:34:06 I just want to make sure I'm not good with technology.
00:34:30 Seth kroenke v Treasure chest LLC
00:34:54 Let me ask this.
00:34:55 Counsel, did you each review the binders to double check?
00:34:58 We both did.
00:34:59 Yes, we did.
00:35:00 So the binders are good to go.
00:35:01 And now the thumb drives are good.
00:35:04 So this is the defendant's thumb drive in blue.
00:35:06 That's good.
00:35:07 You've both verified that, Mr. Brzezinski?
00:35:08 Yes.
00:35:09 According to what I saw on Mr. Campion's computer, it contains two videos, which I agree with, and there was a recorded call that I believe Mr. Campion used in his directly.
00:35:20 And then for the plaintiff's exhibits, does your yellow thumb drive, does that still have all of yours on it?
00:35:26 It should.
00:35:26 I will verify that with Mr. Benger.
00:35:29 I believe it has all of the full recordings from which we chose clips to play for the jury.
00:35:36 And he verified that with me earlier?
00:35:37 Just the three clips from exhibit 27.
00:35:40 And nothing else?
00:35:41 Nothing else is what I showed on Mr. Benger, so I'm comfortable.
00:35:44 So you're both comfortable that the two thumb drives that we have here are marked plaintiff's
00:35:49 Yes.
00:35:50 27 and defendants.
00:35:53 Those are the two thumb drives that are admitted exhibits.
00:35:56 Those go to the jury.
00:35:57 You've each verified that the binders with the exhibits, there are two of them, are the admitted exhibits ready to go to the jury.
00:36:04 Does the jury have a computer in the jury room?
00:36:06 The jury will have a laptop in the jury room that they can plug the thumb drives into.
00:36:14 So just again, I just need a verbal from each of you that you verified the exhibits.
00:36:18 Mr. Brzezinski?
00:36:19 Correct.
00:36:20 I have verified the exhibits, sir.
00:36:21 Yes, sir.
00:36:22 I have verified the exhibits.
00:36:23 Okay.
00:36:23 We are good to go on the exhibits, Madam Clerk.
00:36:34 Council, just so you're clear, I'm going to take the blank exhibit list that was on the front of the binder off because it refers to exhibits that were not admitted.
00:36:42 Yes, we do.
00:36:56 We create a specific thumb drive just for the
00:37:12 And a special verdict form goes back to them.
00:37:17 We've got a cell phone number for Mr. Campion.
00:37:20 You've got a cell phone number for Mr. Brzezinski.
00:37:23 Yes, sir.
00:37:24 Anything else that we need to address on record, Mr. Brzezinski?
00:37:28 No, sir.
00:37:28 Just thank you for everything.
00:37:30 Mr. Campion.
00:37:31 Later.
00:37:32 All right.
00:37:32 My thanks, everybody, for getting things through quickly.
00:37:36 We're done Tuesday midday.
00:37:39 It's in their hands.
00:37:40 We'll be in touch.