by Lynne Huntting

Kevin Kalkhoven was in Oakland District Court on Friday, but not for long, as the final day of testimony in the class action civil jury trial against the motorsport mogul and three other individual defendants drew to a close.

Friday's witness Charles Neagoy, a JDS Uniphase employee, completed his testimony from Thursday, and the jury was then excused while further discussions continued. Kalkhoven left at this point, while the other defendants, Charles Abbe, Robert Muller and Dr Josef Strauss remained in court for the two remaining witnesses, who testified without the jury.

Plaintiff witness Dr Scott Hakala and defence witness Allan Kleidon testified on the various methodologies of determining stock inflations and damages, if assessed. Judge Claudia Wilkins conducted the questioning. Part of the complexity is that each of the many plaintiffs in the class action suit bought and sold different amounts of stocks and/or on different days.

Once Wilkins had finished questioning the two damages experts, the other three defendants left. The attorneys from each of the three legal teams argued before the bench, with cites, for their respective points on the jury instructions, which will be given Monday, followed by the plaintiff's summation. The judge will continue discussions early Monday morning, if required, before court opens.

All during the three-week long trial, outside of court hours, both sides continued to email and-electronically file - motions and paperwork with the court which gets copied to all attorneys. Each side has volumes of material and prep books, which are wheeled in on large trolleys and boxes upon boxes on dollies. A crew waits outside court each day to remove the material. There are computers on all the attorney tables and a crew which presents the demonstratives on the big screen, highlighting and zooming in on pertinent points. Perhaps only fitting that a suit involving technology be served by high tech.


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