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Environmental Matters | New York Northern
Bench Trial - Held
Text Minute Entry for Bench Trial (Day 6) held on 7/27/2026 before U.S. Magistrate Judge Mitchell J. Katz: 8:47 AM: Court is in session and Plaintiff's direct examination of D. Erickson resumes. 10:22 AM: Court is in recess. 10:39 AM: Court is in session and Plaintiff's direct examination of D. Erickson resumes. 11:48: Court is in recess. 1:15 PM: Court is in session and Plaintiff's direct examination of D. Erickson resumes. Plaintiff proffers portions of the Borsey deposition. 2:52 PM: Court is in recess. 3:09 PM: Court is in session and Plaintiff's direct examination of D. Erickson resumes. 4:09 PM: Court is in recess. 4:19 PM: The parties review housekeeping matters regarding the trial schedule. The parties revisit the testimony of Plaintiff's witness B. Maher-Wright, and the Court rules notwithstanding its prior ruling, that none of the testimony will be stricken. 4:25 PM: Defense cross-examines D. Erickson. 5:01 PM: Court is in recess until 8:45 AM on 7/28/2026. Appearances: Charles M. Tebbutt, Esq., Daniel C. Snyder, Esq., Donald E. Spurrell, Esq., Jonathan D. Frohnmayer, Esq., Haley Nicholson, Esq. and Kingsly Alec McConnell, Esq. for Plaintiff; Nicholas Roberts, Esq., David Cook, Esq. and Chad W. Flansburg, Esq. for Defendant. (Court Reporter: Jodi Hibbard. Time: 8:47 AM - 10:22 AM; 10:39 AM - 11:48 AM; 1:15 PM - 2:52 PM; 3:09 PM - 4:09 PM; 4:19 PM - 5:01 PM) (kck)
Text Minute Entry for Bench Trial (Day 5) held on 7/24/2026 before U.S. Magistrate Judge Mitchell J. Katz: 8:49 AM: Court is in session. The parties re-address the testimony of Plaintiff's witness B. Maher-Wright, and after discussion, the Court indicates that it is going to continue to reserve on striking the testimony of B. Maher-Wright. Plaintiff states that they are not going to pursue the leaky lagoon claim, provides clarification on this for the Court and Defendant responds. The Court reviews housekeeping matters with the parties regarding the schedule for the second week of trial. 8:58 AM: Plaintiff calls eighth witness and D. Erickson is sworn. Plaintiff conducts direct examination of D. Erickson. Defendant conducts voir dire of D. Erickson. After hearing objections from Defendant, D. Erickson is certified as an expert under FRE 702 by the Court in the fields as further described in the transcript of this proceeding. 10:34 AM: Court is in recess. 10:57 AM: Court is in session and Plaintiff's direct examination of D. Erickson resumes. Defendant conducts voir dire of P178. 12:55 PM: Court is in recess. 2:24 PM: Court is in session and Plaintiff's direct examination of D. Erickson resumes. 3:51 PM: Court is in recess. 4:11 PM: Court is in session and Plaintiff's direct examination of D. Erickson resumes. 5:00 PM: Court is in recess until 8:45 AM on 7/27/2026. Appearances: Charles M. Tebbutt, Esq., Daniel C. Snyder, Esq., Donald E. Spurrell, Esq., Jonathan D. Frohnmayer, Esq., Haley Nicholson, Esq. and Kingsly Alec McConnell, Esq. for Plaintiff; Nicholas Roberts, Esq., David Cook, Esq. and Chad W. Flansburg, Esq. for Defendant. (Court Reporter: Hannah Cavanaugh/Jodi Hibbard. Time: 8:49 AM - 10:34 AM; 10:57 AM - 12:55 PM; 2:24 PM - 3:51 PM; 4:11 PM - 5:00 PM) (kck)
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