Filed: Apr. 30, 2012
Latest Update: Apr. 30, 2012
Summary: ORDER FRANCIS M. ALLEGRA, Judge. On April 19, 2012, plaintiff filed a motion to correct the trial transcript. On April 27, 2012, defendant filed its response, indicating that it did not oppose the motion. Accordingly: 1. On or before May 7, 2012, Heritage Reporting Company shall correct all errors in the trial transcript enumerated in Attachments A and B and provide the parties and court with corrected copies; 2. On or before May 30, 2012, the parties shall simultaneously file post-trial bri
Summary: ORDER FRANCIS M. ALLEGRA, Judge. On April 19, 2012, plaintiff filed a motion to correct the trial transcript. On April 27, 2012, defendant filed its response, indicating that it did not oppose the motion. Accordingly: 1. On or before May 7, 2012, Heritage Reporting Company shall correct all errors in the trial transcript enumerated in Attachments A and B and provide the parties and court with corrected copies; 2. On or before May 30, 2012, the parties shall simultaneously file post-trial brie..
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ORDER
FRANCIS M. ALLEGRA, Judge.
On April 19, 2012, plaintiff filed a motion to correct the trial transcript. On April 27, 2012, defendant filed its response, indicating that it did not oppose the motion. Accordingly:
1. On or before May 7, 2012, Heritage Reporting Company shall correct all errors in the trial transcript enumerated in Attachments A and B and provide the parties and court with corrected copies;
2. On or before May 30, 2012, the parties shall simultaneously file post-trial briefs. Initial post-trial briefs shall not exceed 100 pages;
3. On or before June 30, 2012, the parties shall simultaneously file replies to the initial post-trial briefs. The reply briefs shall not exceed 60 pages; and
4. After replies have been filed, the court will contact the parties telephonically to arrange a date for closing argument.
IT IS SO ORDERED.
EXHIBIT A
Deseret Management Corporation v. United States, Case No. 09-273T
TRIAL TRANSCRIPT ERRATA SHEET
February 23, 2012
PAGE LINE EXISTING TEXT CHANGE TO
18 13 loss and Lawson
119 8 edition addition
February 24, 2012
PAGE LINE EXISTING TEXT CHANGE TO
274 16 Reckless Reclass
275 16 REF ROCK Rev. Proc
275 17 REF ROCK Rev. Proc.
298 23-24 for points per point
319 14 situated stipulated
353 to Irvin Ervin
395
356 19 Sensations stations
370 19 In call I call
394 21 cam can
February 27, 2012
PAGE LINE EXISTING TEXT CHANGE TO
509 11 ? .
542 14 planned Plan
543 8 conceptual Perceptual
545 10 Pine Plan
546 2-3 In the case Q In the case ...
559 17 artist market
560 11-14 11 A Correct, yes. 11 A Correct, yes; and this is ...
12 Q And this is
560 14-15 Now, let's go ... Q Now, let's go ...
566 3-7 So you conclude ... Q So you conclude ...
573 12-13 12 Q Let me inter ... 12 Q Let me inter ... Did you have ...
13 A Did you have ...
602 6 duopoles duopolies
603 18 cache cachet
605 22 KBC KABC
606 7 number priority number one priority
606 13 sole sold
614 7 concludes includes
617 16 capsule cash flow
617 19 singular St. Louis
620 4 in And
674 11 Bonneville owned ... Q Bonneville owned
February 28, 2012
PAGE LINE EXISTING TEXT CHANGE TO
815 24 KPIG KBIG
879 13 produce reduce
893 13 FCC SEC
893 17 FCC's SEC's
901 5 KFCA's KSCA's
901 7 KFCA KSCA
923 25 KFCA KSCA
933 2-3 2 ... right, correct? THE 2 ... right, correct?
WITNESS: ... 3 THE WITNESS: ...
933 4 this profit the product
943 7 169 .69
951 3 ECL Excel
958 23 In ploy Employed
February 29, 2012
PAGE LINE EXISTING TEXT CHANGE TO
1208 15 KFCA KSCA
1214 7 outside upside
1243 3 FCC SEC
1235 8 FCC SEC
1236 8 Security Exchange Securities and Exchange
1236 10 FCC SEC
1238 16 FCC SEC
1241 8 FCC SEC
1249 18 FCC SEC
1253 13 FCC SEC
1253 14 FCC SEC
1254 8 subjected subjective
1269 18 rev vet a reported
1271 19 FBIA BIA
1322 14 they're responsive they're not responsive
1339 4 KFCA KSCA
1353 20 CVS CBS
1356 9 addition edition
1357 24 urinalysis your analysis
1367 6 2005 2000
1404 19 dcf (phonetic) the next
1429 11 FCC SEC
1429 15 FCC SEC
1443 17 KFXG KFSG
1449 21-22 possible? A possible?
Well A Well
March 1, 2012
PAGE LINE EXISTING TEXT CHANGE
1612 1 FCC SEC
1629 23 class V class B
1630 2 class V class B
1631 8 class V class B
1638 21-22 Q Yes. Q Yes. A. The one that ...
A. The one that was ...
1638 24 Q Yes, I did not ... A Yes, I did not ...
1638 25 A You rejected it. ... Q You rejected it. ...
1640 15 contest context
1644 3 illusive elusive
1655 21 KWSG KFSG
1657 2 Q Well, I do say ... A Well, I do say ...
1658 12 class V class B
1696 11-12 ... much higher. THE ... much higher.
COURT: All right THE COURT: All right ...
1696 17 IA ???
1703 2 termination determination
1724 16 Seagull Siegel
1724 16 Warton Wharton
1726 9 primary number prime rate
1741 1-2 ... myself. Q And ... myself ...
you've never ... Q And you've never ...
1748 5 indicated indicator
1754 17 bed Bid
1765 3 Singfield Sinquefield
1768 24 $215 $250
1777 23 expurling (phonetic) exploding
1782 10 150 $150
1807 16 They're merely There are a myriad of
1810 24 FCC SEC
1811 8 FCC SEC
1819 7 FCC SEC
Changes to Page Headings
February 27
PAGE EXISTING TEXT CHANGE TO
506-522 Blank heading Mecham — Direct
541-583 Mecham — Redirect Ackerman — Direct
593-648 Ackerman — Redirect Smulyan — Direct
670-691 Smulyan — Redirect Reese — Direct
March 1
1773 - 1779 Hausen Hausman
Corrections to "Contents"
Pages of Transcripts —
February 27
PAGE WITNESS EXISTING TEXT CHANGE TQ
DIRECT DIRECT
503 Mecham __ 506
503 Ackerman __ 541
503 Smulyan __ 593
503 Reese __ 670
Corrections to "Contents"
Pages of Transcript
March 1
PAGE WITNESS EXISTING TEXT CHANGE TO
REDIRECT RECROSS DIRECT CROSS
1601 Jerry Hausman 1721 1733 1721 1733
1601 James R. Bond 1784 1813 1784 1813
Corrections to Exhibit
Descriptions
Plaintiff Corrected Description
Exhibit No.
37 6/22/00 M Street Daily Newsletter
39 BIA Appraisal as of 10/6/00 of Radio Stations WRTH (AM) et al
40 BIA Consulting Appraisal as of 4/1/98 of Radio Station KZLA (FM) et
al
41 BIA Consulting Appraisal as of 4/1/98 of Radio Stations KBIG (FM) et
al
42 Expert report of James R. Bond, Jr. regarding Fair Market Value of FCC
License of Radio Station KZLA FM as of 10/6/00
43 Rebuttal Report of James R. Bond Jr.
44 Rebuttal Expert Report of Professor Jerry A. Hausman
45 Expert Report of John Seabrook Regarding Reclassification of Assets
46 Expert Report of Stanley M. Besen, Ph.D. 8/27/10
47 Expert Report of Robin V. Flynn Regarding Fair market Value as of
10/6/00
48 Excel Spreadsheet for 1/10/11 Expert Report of Robin V. Flynn
produced on 3/16/11
50 KZLA FM FCC License
51 Notice of Proposed Adjustment 2/28/05 (Issue No. 19)
52 Notice of Proposed Adjustment 3/8/05 (Issue No. 7b)
57 Valuing A Business, Pratt, Reilly & Schweiss (4th Ed.) pp. 317-320
Defendant Corrected Description
Exhibit No.
5 Bond & Pecaro: Current Valuations Issues, FASB 164
9 Bond & Pecaro: Implementing the Guidelines: FASB Statement 142
(5/02)
11 Mentions of Goodwill in Station Trades (12/28/10)
12 Radio Station Sales in LA, Year 2000 (12/28/10)
14 Beasley Broadcast Group Inc. Form 10-Q (9/30/00)
15 Big City Radio Inc. Form 10-Q (9/30/00)
16 Citadel Communications Corp Form 10-Q (9/30/00)
17 Cox Radio Inc. Form 10-q (9/30/00)
23 Regent Communications Inc. Form 10-Q (9/30/00)
32 Expert Report Regarding Fair Market Value of FCC License and
Goodwill of Radio Station KZLA FM (supplemented 8/29/11)
Joint Corrected Description
Exhibits No.
1 BIA Financial Network Inc. Appraisal of KZLA as of 10/6/00
2 Form letter 950 (30 Day Letter) for tax years 2000-2002 to DMC
4 Form 4340, Cert of Assessments, etc. for DMC for tax year 2000
5 Form 4340, Cert of Assessments, etc. for DMC for tax year 2001
6 Form 4340, Cert of Assessments, etc. for DMC for tax year 2002
7 Amended U.S. Corp Income tax return for tax year 2000 Claim for
Refund
8 Form letter 569 (2/19/09) re: Claim for Refund
Form 2297 Waiver of Statutory Notice (3/04/09)
10 Form 3363, Acceptance of Disallowance of Claim for Refund (3/4/09)
11 DMC letter of transmittal to IRS for Form 2297, 3363 (3/4/09)
12 Letter from B. Reese to BHC 4/19/00
13 Letter from B. Reese to J. Smulyan, 4/28/00
14 Letter to Intent (BIC, BHC, Emmis) (6/21/00)
15 Asset Exchange Agreement (BIC, BHC, Emmis) (10/6/00)
Missing Plaintiff's
Exhibits, All Identified
on P. 26 and Received
on D. 58
Exhibit No. Description
33 Defendants' Supp. Response to Interrogatories
34 FCC Review of Radio Industry, 2001
35 Coleman Research, Inc. Report on KZLA (1999)
36 Coleman Research PowerPoint Presentation on KZLA (1999)
53 Notice of Proposed Adjustment 4/4/05 (Issue No. 32)
Other Corrections to
Plaintiffs Exhibits
58 Remove from list
60 Remove from list
Addition to Plaintiffs
Exhibits
59 CD-ROM containing plaintiffs updated Excel spreadsheets, filed
3/19/12
Addition to
Defendant's Exhibits
49-A CD-ROM containing defendant's updated excel spreadsheets, filed
3/9/12
