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

Case 1:04-cv-01056-EWN-MEH

Document 70

Filed 02/13/2006

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IN THE UNITED STATES OF DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE EDWARD W. NOTTINGHAM

Ty Anderson, Deputy Clerk Therese Lindblom, Court Reporter Criminal Action No. 04-cv-01056­ EWN-OES Parties: CONNIE J. REYNOLDS, Plaintiff, v. COBE CARDIOVASCULAR, INC., Defendant. Michael Nosler and Susan Sperber Counsel: John Olsen and Diane Brown

Date: February 13, 2006

TRIAL MINUTES

Trial to Jury - Day One 9:01 a.m. Court in session.

Appearances of counsel and parties. Jury panel present. Eighteen jurors called. 9:09 a.m. Civil voir dire oath given to jury panel. Voir dire by court commences.

Juror Excused for Cause 1. 95478 9:22 a.m. 9:24 a.m. Mr. Olsen introduces himself, Connie Reynolds, and lists plaintiff' witnesses. s Michael Nosler introduces himself, Susan Sperber, Carolyn Byram (Vice President

Case 1:04-cv-01056-EWN-MEH

Document 70

Filed 02/13/2006

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Courtroom Minutes Judge Edward W. Nottingham Page 2 Human Resources), Tammy Haegler (Paralegal), and lists defense witnesses. 9:26 a.m. 10:29 a.m. Continued voir dire. The parties have no challenges for cause.

Peremptory Challenges by Plaintiff: 1. 107445 2. 104179 3. 96928 Peremptory Challenges by Defendant: 1. 87750 2. 89702 3. 108409 10:34 a.m. Civil jury oath given.

Jurors Sworn to Try: 1. 84876 2. 105483 3. 118409 4. 118053 5. 82543 6. 117711 7. 88521 8. 112033 9. 97026 10. 112011 11. 105804 12. 113944 Jury excused. 10:36 a.m. 11:06 a.m. Court in recess. Court in session.

Court gives the jury its preliminary instructions.

Case 1:04-cv-01056-EWN-MEH

Document 70

Filed 02/13/2006

Page 3 of 4

Courtroom Minutes Judge Edward W. Nottingham Page 3 11:30 a.m. 11:37 a.m. 11:38 a.m. 11:40 a.m. Plaintiff' opening statement by Mr. Olsen. s Jury excused. Court in recess. Court in session.

Discussion regarding Defendant' Motion in Limine and Certificate of Compliance (#53 - filed s 01/31/2006). ORDERED: 1. Defendant' Motion in Limine (#53 - filed 01/31/2006) is GRANTED s in part and DENIED without prejudice in part.

12:00 p.m. 12:01 p.m. 12:10 p.m. 12:28 p.m.

Jury re-enters the courtroom. Opening statement by Mr. Olsen continues. Defense opening statement by Mr. Nosler. Jury is excused.

Mr. Olsen makes an oral motion asking for admittance of letter. ORDERED: 2. 12:32 p.m. 1:35 p.m. Plaintiff' oral Motion for Admittance of Letter is DENIED. s

Court in recess. Plaintiff' witness Geraldine Paulison is sworn. s

Direct examination by Mr. Olsen. Ms. Paulison is excused. 1:48 p.m. Plaintiff' witness Connie Reynolds is sworn. s

Direct examination by Mr. Olsen. Plaintiff' exhibits identified: s Plaintiff' exhibits received: s 1, 2, 3, 6, 7, 8 3, 7, 8

Case 1:04-cv-01056-EWN-MEH

Document 70

Filed 02/13/2006

Page 4 of 4

Courtroom Minutes Judge Edward W. Nottingham Page 4 Plaintiff' exhibits refused: s 3:25 p.m. 3:47 p.m. Jury present. Mr. Olsen introduces co-counsel Diane Brown. 3:48 p.m. Cross examination by Mr. Nosler. 3 Court in recess. Court in session. 2, 6

Plaintiff' exhibit identified: s 4:03 p.m.

Deposition of Connie Reynolds is opened and used for impeachment. L, U, T L (redacted), U, T

Defense exhibits identified: Defense exhibits admitted: 4:57 p.m. Court in recess. 05:59

Total time in court: Trial continued.