07/18 10:58
00:00:06 All right, folks, we are on record in the Kroenke v Treasure Chest matter, 3 a.m.
00:00:12 20-08622Civil.
00:00:13 Mr. Kroenke is present in court along with counsel Mr. Brzezinski and Mr. Bettinger.
00:00:17 Mr. Clark is also here.
00:00:20 We have Mr. Campion present for Randy Elliott and Treasure Chest.
00:00:24 Mr. Elliott is not present currently.
00:00:27 Jury is absent.
00:00:29 Had a question from the jury.
00:00:30 I've left each of you a copy of it on the bench.
00:00:33 The jury is still in deliberations, obviously, so let me hear from counsel.
00:00:39 Mr. Bettinger?
00:00:41 MR. Thank you, Your Honor.
00:00:46 I understand this question is asking whether a specific act constitutes a legal breach of contract.
00:00:53 We have an instruction, number 14, on the definition of a breach of contract.
00:01:00 My thought is that we refer the jury to that instruction.
00:01:05 Thank you.
00:01:09 And that the only response to the jury be, please review instruction 14?
00:01:16 Yes.
00:01:17 Okay, Mr. Campion.
00:01:18 And for the record, Mr. Elliott has joined us.
00:01:20 Mr. Campion?
00:01:24 I think that's the only approach that the court can take.
00:01:26 is to refer them back to instruction number 14.
00:01:28 Yes, sir.
00:01:29 I don't think there's any additional instructions that you could provide.
00:02:15 Okay, it sounds like both parties are agreed then to refer them just to instruction number 14.
00:02:19 Yes, Your Honor.
00:02:21 All right.
00:02:22 Yes, Your Honor.
00:02:33 And for the record, instruction number 14 is the definition of breach of contract.
00:02:40 There are other instructions that certainly address
00:02:43 Damages for a breach but since parties are in agreed that they were just referring them back to The breach that's the answer that I will give
00:03:34 So what I intend to write on here is please see instruction number 14 regarding breach of contract.
00:03:40 Any different view?
00:03:42 No, Your Honor.
00:04:17 Okay, what I've written, today's date, the time, 11 a.m., simply said, please see instruction number 14 regarding breach of contract, and it's signed.
00:04:25 So, anything else, gentlemen?
00:04:27 No, Your Honor.
00:04:28 Okay.
00:04:28 No, Your Honor.
00:04:29 Obviously, you're all still close by, so thank you.
00:04:33 I will offer this observation.
00:04:35 They're obviously diligent.
00:04:36 They've been at this for a while, so stay tuned.
00:04:39 Thank you.
00:04:39 We'll be in business.
00:04:40 Thank you, sir.
00:04:40 Thank you.