07/18 14:53
00:00:01 Good afternoon, folks.
00:00:02 Please be seated.
00:00:06 All right, we're back on record in the matter of Seth Kroenke v Randy Elliott and Treasure Chest LLC 3AN20-0862C.
00:00:14 Parties and counsel are present.
00:00:15 We have a note from the jury that they have reached a verdict, so any issues to address before then?
00:00:20 Okay.
00:00:22 No.
00:00:23 All right.
00:01:06 Thank you for watching!
00:02:09 All right, welcome back, everybody.
00:02:10 Please be seated.
00:02:17 I have a note from you all that you have reached a verdict, and it looks like Mr. Doggett, are you the foreperson?
00:02:22 Yes.
00:02:23 I am.
00:02:23 Have you reached a verdict?
00:02:24 Huh?
00:02:25 Have you reached a verdict?
00:02:26 Yes.
00:02:26 Okay.
00:02:27 If you would come on down and hand that over to Madam Clerk.
00:02:34 I'll just take it straight from you.
00:02:35 Thank you, sir.
00:02:38 You can go have a seat.
00:02:39 Thank you
00:03:03 All right, jury has completed all sections of the jury verdict.
00:03:09 It has been dated and signed the 18th day of July, 2024 by the foreperson.
00:03:16 Let me now read the verdict.
00:03:21 Question one, did Treasure Chest LLC and Randy Elliott breach a contract with Seth Kroenke?
00:03:27 Answer yes or no, the answer is yes.
00:03:32 section 2 did Treasure chest LLC and Randy Elliott breach a covenant of good faith and fair dealing with Seth Kroenke answer yes question 3 if you answered yes to question number 1 what are the total damages if any caused by treasure chest LLC and Randy Elliott's breach of contract answer $170,927.19
00:03:58 Question 4 if you answered yes to question number 2 what are the total damages if any caused by Treasure chest LLC and Randy Elliott's breach of covenant of good faith and fair dealing answer $292,500 Question 5 did Seth Kroenke breach a contract with Treasure Chest LLC and Randy Elliott answer yes sorry answer yes or no the answer is yes
00:04:27 Number six, did Seth Kroenke engage in an abusive process when he filed his lien?
00:04:33 Answer yes or no.
00:04:34 The answer is no.
00:04:37 Question seven, if you answered yes to question number five, what are the total damages, if any, caused by Seth Kroenke's breach of contract?
00:04:44 Answer one dollar.
00:04:47 Question eight, is not applicable, is what they have filled in.
00:04:51 Question nine is also not applicable and dated and signed today's date.
00:04:59 Mr. Campion, do you wish to pull the jury?
00:05:02 No, Your Honor.
00:05:06 Mr. Brzezinski?
00:05:07 No, sir.
00:05:08 Ladies and gentlemen of the jury, you have fulfilled your duty.
00:05:12 Thank you so much for all of your hard work and your patience through this process.
00:05:18 Lawyers,
00:05:20 And I'm sure thank you for all of the perseverance that you have shown throughout this trial.
00:05:26 You are now going to be released from my instruction that you can't talk about the case.
00:05:30 You are free to talk about it with your family, your friends, whoever may have questions for you about your service on the jury.
00:05:38 The lawyers frequently have questions that they'd like to talk to you about just in terms of the things that they did, the evidence that they presented.
00:05:48 It's always a learning experience for lawyers to get a chance to talk to jurors afterwards and say, gosh, what did you like about the way we presented our case?
00:05:57 What did you not like?
00:05:58 It's a learning opportunity for everybody.
00:06:00 We never know what you all talk about in the back room.
00:06:04 Your deliberations are secret, but lawyers often want to know, how can we learn from this experience?
00:06:10 So if you are willing to have a chat with
00:06:12 either of the lawyers or the court afterwards.
00:06:15 What I'm going to ask you to do is to write your name and number on a piece of paper in the back.
00:06:20 It's voluntary.
00:06:21 You don't have to do that, but frequently people want to have a discussion with you afterwards.
00:06:25 So you are now discharged from your service in this jury.
00:06:29 I thank you all for your patience and for the hard work that you have shown.
00:06:34 You deliberated long and hard over this case.
00:06:37 It shows that you paid a lot of attention.
00:06:40 And I really thank you for that.
00:06:42 So with that, ladies and gentlemen, you are dismissed.
00:07:11 All right, clerk, let's get a copy of the verdict form for each party.
00:07:15 Any issues to address at this point?
00:07:19 Mr. Campion?
00:07:20 No, Your Honor.
00:07:21 Mr. Bettinger?
00:07:23 Other than a copy of the verdict form?
00:07:28 I don't think so, Your Honor.
00:07:29 We have the two parties' equitable claims that are still outstanding, the enforcement of the lien or the expungement of the lien.
00:07:38 I'm not sure how the court wants to handle that.
00:07:40 Perhaps the parties can talk about it first and see if we can work something out.
00:07:44 I suspect that there are issues that you all may have to address, so why don't you have a chat.
00:07:52 I would simply ask this.
00:07:57 Take a couple of weeks, meet and confer.
00:07:59 Let me know how you want to proceed from there.
00:08:01 If we need to do further proceedings, you want to do briefing, we'll go from there.
00:08:05 Thank you.
00:08:05 Thank you.
00:08:05 All right.
00:08:08 Counsel, thank you all for your presentations, for your hard work on the case.
00:08:11 I appreciate it.