Free Jury Trial - Held - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 157

Filed 06/28/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn

Date: June 28, 2006 Ginny Kramer, Courtroom Deputy Suzanne Claar, Court Reporter Civil Case No. 04-cv-01067-REB-CBS Parties Counsel

WILLIAM R. CADORNA, Plaintiff(s), v. CITY and COUNTY OF DENVER,

Mark Brennan

Jack Wesoky Christopher Lujan

Defendant. ___________________________________________________________________________ _ COURTROOM MINUTES - JURY TRIAL DAY SEVEN ___________________________________________________________________________ _

8:30 a.m.

Court in session.

Jury is present. Witness, Mr. Tracy Howard, resumes the witness stand. 8:32 a.m. Direct examination of witness, Mr. Tracy Howard, resumes.

Defendant offers Defendant' Exhibit 80. s No objections. Defendant' Exhibit 80 is admitted into evidence. s 8:55 a.m. Cross examination of witness, Mr. Tracy Howard, by Mr. Brennan, for the plaintiff. 1

Case 1:04-cv-01067-MSK-CBS

Document 157

Filed 06/28/2006

Page 2 of 4

10:15 a.m 10:35 a.m

Court in recess. Court in session.

Cross examination of witness, Mr. Tracy Howard, resumes. 10:54 a.m. Jury is excused.

The Court sanctions Mr. Brennan for continuing to disobey the orders of the court. The Court terminates the cross examination of the witness, Mr. Tracy Howard, by Mr. Brennan. 11:00 a.m. 11:00 a.m. Jury is present. Redirect examination of the witness, Mr. Tracy Howard.

Witness is excused and released from subpoena. Bench conference: Plaintiff makes oral motion to recall witness, Mr. Tracy Howard, as a rebuttal witness. Response by the Defendant. 11:37 a.m. Jury is excused. The Court finds Mr. Brennan has committed a direct contempt of court and sanctions Mr. Brennan $500.00 and warns Mr. Brennan that for each subsequent violation, that fine will be doubled. Plaintiff' Oral Motion to Recall Witness, Mr. Tracy Howard, as a s Rebuttal Witness, is DENIED for the reasons stated on the record.

ORDERED: 1.

2.

11:42 a.m

Jury is present.

Defendant calls witness, Chief Roderick Juniel. Witness is sworn. 11:42 a.m Direct examination of witness, Chief Roderick Juniel, by Mr Wesoky.

12:00 noon Court in recess and shall reconvene at 1:15 p.m. 1:30 p.m Court in session.

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Case 1:04-cv-01067-MSK-CBS

Document 157

Filed 06/28/2006

Page 3 of 4

Direct examination of witness, Chief Roderick Juniel, resumes. 1:51 p.m Cross examination of witness, Chief Roderick Juniel, by Mr. Brennan, for the Plaintiff.

2:25 p.m

Redirect examination of witness.

Witness is excused and released from subpoena. 2:38 p.m. 2:43 p.m 3:09 p.m Jury is excused. Court in recess. Court in session.

Jury is not present. 3:12 p.m. 3:13 p.m Jury is present. Defendant rests.

Plaintiff calls witness, Mr. William Cadorna, for rebuttal. Witness is reminded that he remains under oath. 3:14 p.m Direct examination of witness, Mr. William Cadorna.

Plaintiff offers Plaintiff' Exhibit 151. s Objection by the Defendant. Response by the Plaintiff. Objection by the Defendant is sustained. Plaintiff' Exhibit 151 is not admitted into evidence at this time. s 3:20 p.m. 3:22 p.m Cross examination of witness, by Mr. Wesoky, for the Defendant. Plaintiff rests his rebuttal.

Witness is excused. 3:23 p.m Jury is excused and shall reconvene on June 29, 2006 at 10:00 a.m.

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Case 1:04-cv-01067-MSK-CBS

Document 157

Filed 06/28/2006

Page 4 of 4

The Court informs counsel that post trial motion arguments are limited to 10 minutes. 3:27 p.m. 4:00 p.m. Court in recess. Court in session.

Court hears post trial motions. Plaintiff makes oral motion for reconsideration of the court' order dismissing the s plaintiff' retaliation claim under the Age Discrimination Act. s Response by the Defendant. Plaintiff makes oral motion for judgment as a matter of law on the claim of discriminatory refusal to reinstate Mr. Cadorna because of his age. Response by the Defendant. Reply by the Plaintiff. Defendant makes oral motion for judgment as a matter of law on the ADEA claim as to the termination portion of plaintiff' claim. s ORDERED: 1. Plaintiff' Oral Motion for Reconsideration of the Court' Order s s Dismissing the Plaintiff' Retaliation Claim Under the Age s Discrimination Act, is DENIED for the reasons stated on the record. Plaintiff' Oral Motion for Entry of Judgment as a Matter of Law on s the Plaintiff' claim of age discrimination claim for failure to s reinstate, is DENIED for the reasons stated on the record. Defendant' Oral Motion for Judgment as a Matter of Law as to the s Plaintiff' ADEA claim as to the termination portion, is DENIED for s the reasons as stated on the record.

2.

3.

Counsel shall meet with the Courtroom Deputy at 7:45 a.m. on June 29, 2006 to receive that Court' purposed jury instructions. s 4:20 p.m Court in recess and shall reconvene on June 19, 2006 at 8:15 a.m.

Total in court time: 5 hours and 1 minute - trial continued

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