06/24 15:03
00:00:06 Good afternoon folks.
00:00:10 We are on record on the matter of Seth Kroenke v Treasure chest LLC and others case number 3AN20-08622Civil.
00:00:19 We have Mr. Campion present in court for defendants counter claimants.
00:00:23 We have Mr.
00:00:24 Berzinski and Mr. Bettinger for the plaintiff Mr. Kroenke on the phone.
00:00:29 This is time set for trial call.
00:00:33 You all are set for trial beginning July 18th.
00:00:37 Mr. Campion, since you're here in person, I will turn to you first.
00:00:41 Thank you, Your Honor.
00:00:43 Mr. Brzezinski, Mr. Benninger, and I met late last week.
00:00:47 The parties are prepared to go forward with trial on July 8th.
00:00:50 We had a discussion with jury instructions and trial exhibits and witnesses, so we are prepared to go forward.
00:00:57 Our discussion led us to believe that we think the case could be done
00:01:02 SHORT OF TWO WEEKS POSSIBLY WE TALKED ABOUT MAYBE EVEN BEING DONE IN FIVE OR SIX DAYS INCLUDING JURY SELECTION SO WE'RE PREPARED TO MOVE FORWARD OKAY MR. BRZYNSKI MR. BEDINGER ANY DISAGREEMENT WITH THAT GOOD AFTERNOON YOUR HONOUR THIS IS MIKE BEDINGER WE DO AGREE WITH WHAT MR. CAMPION SAID THE PARTIES ARE READY FOR TRIAL WHILE WE'RE HOPEFUL THAT WE CAN FINISH TRIAL EARLY WE WOULD LIKE TO
00:01:30 keeps the full two weeks reserved just in case we've already had this trial pushed twice, so I would hate to not have time to finish on our last try here.
00:01:42 Okay.
00:01:43 I did have one scheduling conflict, but it's only for a day.
00:01:49 And that is that I am currently supposed to be in Valdez on Monday the 8th, but that may come off.
00:01:56 But it sounds but I could start jury selection on Tuesday the 9th Even if that even if I have to do that Valdez case as currently set any of that.
00:02:07 Mr. Bettinger No, I think I'd be fine.
00:02:11 Okay, just can't be in any problem Not on just for scheduling I if we can just agree to start on the 9th, that would be probably better my client and a number of our witnesses have to travel and
00:02:22 from remote site and so just it would be helpful for me to be able to plan if we knew we're going to start for sure on Tuesday but Mr. Bedinger any any issue with that no no issue okay well let's go ahead and we'll just plan it plan to set it I'll call the jury then for Tuesday July 9 and we'll start then I'll leave you on as scheduled for that week plus the balance of the following week our trial days are 8 30 to 1 30 in Anchorage
00:02:53 uh civil case uh with a two-week trial my anticipate plan would be to call a regular jury of 12 plus two alternates um it being summertime so you'll each get four preempts and we're doing uh I don't know that uh Mr Campion I think you've done a trial more recently I don't know Mr Bedinger but we've been doing what we've done coming out of the pandemic is we call these in panels um so we see
00:03:21 typically 20-25 in the first group in the morning and then we do a second group a little bit later coming in typically about 11 o'clock so we have less people in the courtroom if we're able to get a full jury out of the first panel great if we're not then we continue right on with the second one and that seems to have worked pretty well for us in terms of streamlining the approach and also minimizes the amount of downtime for potential jurors that's their
00:03:51 Always one of the biggest complaints we get is people sitting around waiting.
00:03:55 And so this streamlines it and makes for more happy jurors to be born about it.
00:04:01 So that's my plan.
00:04:03 I'll call two panels then for Tuesday, July 9 to start jury selection.
00:04:09 When do you all expect to get your final submissions in?
00:04:13 I don't see that I've seen final witness lists yet from the plaintiff's side, although I think they were just due today.
00:04:21 And your jury instructions, when do you anticipate getting those in?
00:04:25 Mr. Benger?
00:04:28 The court's correct.
00:04:29 Our witness is due today.
00:04:31 We are waiting to file it until we could confirm at the trial call today that our case is going to go forward.
00:04:36 And so we will have it filed today by 4.30.
00:04:39 The parties were having similar trepidations when we met last week to discuss jury instructions and exhibits.
00:04:47 So Mr. Campion and myself, Mr. Brzezinski,
00:04:51 I don't have any issue with that.
00:04:52 I mean, if counsel are working well together, I certainly encourage that dialogue and those discussions.
00:04:57 And so if you want to push that deadline to Wednesday, that's fine.
00:05:00 So I'll look for your witness list today.
00:05:21 Mr. Bedinger and yours coming in in due course, Mr. Campion.
00:05:25 In terms of exhibits, what I would ask both parties to do is obviously you need to bring your originals for our first day of trial.
00:05:39 I don't know how voluminous they're likely to be.
00:05:41 I can guess that there may be a fair amount.
00:05:46 And so if each party could provide me with a
00:05:50 It allows me to work with them a little bit more easily as we're going through.
00:05:57 That'll be helpful.
00:06:02 We can do that, Your Honor.
00:06:03 I believe a shared request from both Mr. Campion and myself is if we could work to secure a media cart for trial so we can project images for the jury on the court's
00:06:20 roll-down screen.
00:06:21 Is that a request that the court would like us to make right now, or should we do it through customer service or the in-courts?
00:06:28 No, you can make it right now, and I will tell you, Mr. Bedinger, I've got a big-screen flat-panel TV in here also, which works a whole lot better, frankly, than the drop-down screen.
00:06:41 If you want to use the drop-down screen with the media cart, that's available also.
00:06:46 In fact, we've got one
00:06:47 sitting here in the courtroom now.
00:06:49 The screen just pops down in front of the television.
00:06:51 I've got to double check whether we have a... I know that a 50-foot HDMI cord works if you want to plug into a laptop and plug in directly into the big screen.
00:07:05 We may have a wireless on this one.
00:07:07 I'm not positive.
00:07:09 The last group that was in here doing that had an HDMI cord on it.
00:07:19 That's perfect.
00:07:19 I think we'll use the HDMI cable then.
00:07:21 I really don't trust the wifi connections to stay connected through a whole trial.
00:07:28 Would it be possible if the court has a day, maybe next week, where there's a break in hearings, if we could use the courtroom and just do a dry run to make sure that our technology works?
00:07:45 You can.
00:07:53 Next week is a holiday on Thursday.
00:07:55 I can tell you the courtroom should be open on Friday the 5th if you wanted to come in then.
00:08:03 If somebody's actually planning on a long weekend and you want to come in on Wednesday the 3rd, I could give you a time then as well.
00:08:17 No, I think the 5th should be fine.
00:08:19 Thank you.
00:08:21 You want to give me a time, Mr. Bettinger, that morning?
00:08:24 The courtroom's open all morning.
00:08:26 I'll make sure that somebody's here who can let you in.
00:08:30 Sure.
00:08:33 Mr. Brzezinski, does 1030 work for you on July 5th?
00:08:37 Absolutely.
00:08:38 That would be perfect.
00:08:40 Okay.
00:08:40 1030, July 5th.
00:08:41 Mr. Campion, do you want a time as well?
00:08:44 No, that's fine.
00:08:44 Thank you, Your Honor.
00:08:45 Okay.
00:08:47 All right, so I'll make sure that somebody's here to let you in on July 5 at 10.30, Mr. Bedinger and Mr. Rosensky.
00:08:56 Any other issues that we need to address today?
00:08:59 Mr. Bedinger?
00:09:03 No, Your Honor, thank you.
00:09:04 Mr. Campion?
00:09:05 Just for the record, Mr. Albert is no longer going to be serving as counsel.
00:09:08 He hasn't formally withdrawn, but he's no longer in the state of Alaska, so it'll just be me here on behalf of defendants.
00:09:13 Okay, all right, thank you for letting me know.
00:09:16 He'll continue to get the court orders as they go, but we'll look for you coming up for trial.
00:09:25 All right.
00:09:25 Well, thank you, everybody.
00:09:26 We'll see you on July 9.
00:09:28 Ready to go?
00:09:28 Sounds good.
00:09:30 Thank you.
00:09:31 Thank you, sir.
00:09:32 Thank you.