Case 3:12-cv-01749-CCC Document 44

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO MINUTES OF PROCEEDINGS: BEFORE HONORABLE CARMEN C. CEREZO COURTROOM DEPUTY: Carmen Tacoronte COURT REPORTER: Zulma Ruiz/Joe Reynosa INTERPRETERS: Tom Kavelin / Carlos Lao DATE: October 15, 2012 CASE NO. CV. 12-1749 (CCC)

Attorneys Myrna Colon-Marrero, et al. Carlos Del Valle Cruz Carlos M. Hernandez Lopez Rafael E. Garcia Rodon

v. Hector Conty Perez Edwin Mundo Rios (NPP) Jose L. Nieto Mingo Ramon Walker Merino Claudio Aliff Ortiz David Indiano Vicic Seth Erbe Jorge Martinez Luciano Emil Rodriguez Escudero

Eder E. Ortiz Ortiz (PDP) Roberto I. Aponte Berrios (PIP) Julio Fontanet Maldonado (MUS) Adrian Diaz Diaz (PPR) Carlos Quiros Mendez (PPT) v. Norman Parkhurst (intervenor defendant)

Marcos Valls Nelson N. Cordova Morales Manuel Rodriguez Banchs

John Mudd

Evidentiary Hearing held. The Court reviews the record. Docket Nos. 31, 32 (with attachments), 34, 35, 36 and 39 are noted in open court. Docket No. 30 is granted, therefore Docket No. 9 is withdrawn. Attorney Mudd is instructed to file an amicus curiae appearance before the 1st Circuit Court of Appeals. Docket No. 37 shall be amended to reflect both plaintiffs names. Attorney Marcos Valls shall file a notice of appearance today.

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Case No. 12-CV-1749 (CCC) Evidentiary Hearing - October 15, 2012

The Court clarifies the scope of this hearing as established by the 1st Circuit in its Order. Docket No. 26. Attorney Del Valle clarifies that co-defendant Carlos Quiros Mendez has been substituted by by Lillian Aponte Dones in the amended complaint.1 Docket No. 19. Attorneys Valls and Cordova state that they will not be presenting evidence, but request that they be allowed to participate. Granted. Attorney Del Valle requests that Hector L. Acevedo will be admitted as an expert witness and requests that Acevedo be allowed to remain in the courtroom during the testimony of Hector Conty Perez. Attorney Nieto objects. Granted. Nestor Colon Berlingeri will be offered by co-defendant Eder Ortiz as an expert witness and he is allowed to remain in court. Attorney Del Valle informs the Court that they served Hector Conty Perez with a subpoena for production of documents and that defendant has yet to comply with it. Attorney Nieto Mingo states that the subpoena was received late last night. Attorney Nieto states that he is in possession of 7 documents. The documents are handed to Attorney Del Valle in open court. Attorney Manuel Rodriguez Banchs will not be presenting evidence, but will be allowed to participate. Granted. Testimony of Hector Conty Perez is heard for the plaintiffs. Due to the time constraints, the Court has decided to admit into evidence documents in the Spanish language without a translation. Translations are due by Wednesday, October 17, 2012 before 1:00 P.M.2 After the lunch recess, further testimony of Hector Conty Perez is heard on behalf of the plaintiffs. Cross examination by Attorneys Nieto, Alliff and Martinez. Re-direct by Del Valle. Plaintiffs offer Hector Luis Acevedo as an expert witness. Attorney Nieto opposes. Mr. Acevedo is accepted as an expert witness. Testimony of Hector Luis Acevedo for the plaintiffs. Cross examination by Nieto and Aliff. Testimony of Angel Arvelo Rivera is heard on behalf of Eder Ortiz Ortiz. Cross examination by Nieto and Aliff.

The Amended Complaint remains tendered.

Exhibits in need of an English translation: Plaintiffs: 1, 2 Mundos: A

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Case No. 12-CV-1749 (CCC) Evidentiary Hearing - October 15, 2012 Plaintiffs rest.

Testimony of Edwin Mundo is heard on his behalf as electoral commissioner of the New Progressive Party (NPP). Cross by Del Valle, Cordova and Nieto. Cross examination of Mr. Mundo will continue tomorrow. Attorney Nieto gives a proffer of the seven witnesses testimonies that will be testifying tomorrow on behalf of Hector Conty Perez. The Court estimates that the direct testimonies of these witnesses will take approximately 70 minutes. The Court is concerned with the time constraint and strongly recommends Attorney Nieto to choose between his witnesses. The Court will allow three. Further Evidentiary Hearing set for October 16, 2012 at 9:00 A.M.

s/Carmen L. Tacoronte Carmen L. Tacoronte Courtroom Deputy Exhibits: Plaintiffs Admitted: 1, 2, 3 Mundos Admitted: A