Full docket text for document 396:
Minute Order. Proceedings held before Judge David Nuffer: Bench Trial held on 4/26/2018.
granting 249 Motion in Limine;
granting 250 Motion in Limine;
Counsel present for parties.
Mr. Snuffer addressed the submitted Exhibits 1523, 1524, 1525 (unedited. Edited version is Exhibit 536) and 1526. Mr. Paul to email Exhibit 536. Ms. Healy Gallagher addressed the submitted Exhibits 904 and 905.
Mr. Johnson returned to continue with testimony. Ms. Healy Gallagher made objections to testimony, which the court held for ruling.
Court grants all reserved objections and motions to strike on the basis of foundation and Rule 702.
Court made findings on the record regarding proposed defense experts.
Mr. Johnsons testimony under Rule 702 is unacceptable. He claims qualifications and endorsements without any proof other than patents. Mr. Johnsons testimony will not help the trier of the fact to understand the evidence to determine a fact in issue, because he has shown that this testimony is not based on sufficient facts or data at least that are verifiable by the Court. Court grants all reserved objections and motions to strike on the basis of foundation and Rule 702.
Mr. Johnson is nearly incapable of answering a question and when he does, he offers confusing nonresponsive disconnect answers. Court cannot accept that Mr. Johnson has qualifications necessary to testify as to anything that requires a basis under Rule 702 (see transcript for full findings and ruling).
Court clarified for and made findings on the record ruling on Hawes, Jameson.
Court granted motions in limine 249 to exclude expert testimony of Kurt Hawes and Richard Jameson and 250 to exclude expert testimony of Neldon Johnson.
Mr. Johnson returned to complete testimony. Ms. Healy Gallagher made objections to testimony. Court granted the objections.
Discussion heard on scheduling. Court would like to finish with Mr. Johnson in the governments case in chief. The CSOs report that they will be prepared to stay as last as necessary this evening.
Ms. Healy Gallagher discussed Exhibits 904 and 905. Argument heard on the related government objections and motion to strike Mr. Johnsons testimony. Court did not strike the testimony from the record.
Ms. Healy Gallagher moved for the admission of Exhibit 789. No objection. Court received.
Mr. Johnson returned to continue with testimony. Ms. Healy Gallagher moved for the admission of Exhibit 907. Discussion heard. Court denied. Witness excused for the day.
Mr. Snuffer moved to dismiss the case under Rule 52(c). Argument heard.
Ms. Healy Gallagher to submit her PowerPoint presentation to the court in native format.Court adjourned.
Attorney for Plaintiff: Erin Healy Gallagher, Christopher Moran, Erin Hines, Attorney for Defendant Denver Snuffer, Daniel Garriott, Steven Paul, Joshua Egan.
Court Reporter: Kelly Hicken, Becky Janke.(Time Start: 8:04, Time End: 7:50, Room 3.100.)
(asb) (Entered: 05/03/2018)