Free Bench Trial - Held - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL TRIAL MINUTES

Phoenix Division
HON: SUSAN R. BOLTON CIV 04- 621-PHX-SRB Year Case No. Dft #

Judge # 7026

DATE: 7/19/06

Dan Coogan Plaintiff(s)

v. Avnet, Inc., et al. Defendant(s) Kim Moll

Deputy Clerk: Maureen Williams Court Reporter:

Jordan Meshkow and Nancy Giles Jordan Green and Lawrence Palles Plaintiff(s) counsel Defense counsel
PROCEEDINGS:/ /JURY TRIAL / X /COURT TRIAL / /VOIR DIRE / /JURY SWORN

Trial Day #

2

Waiver of Jury trial filed

n/a

9:01 a.m. Reconvene. Matters discussed. Exhibit 397 is admitted. Plaintiff's case (continued): Dan Coogan is examined further. Exhibit 334 is admitted. Debra Weiss is sworn. Defense counsel objects to this witness testifying. Argument presented. The Court finds that since this witness was not disclosed as an expert pursuant to Rule 26 of the Federal Rules of Civil Procedure and this Court's Rule 16 Scheduling Order, the Court will not permit this witness to express expert opinions. Plaintiff's counsel is directed to arrange for the next witness to be made available this morning. 9:40 a.m. Recess. 10:44 a.m. Reconvene. Michael Norton is sworn. Defense counsel objects to this witness testifying as an expert. Argument presented. The witness has not been disclosed as an expert so the witnesses' testimony will be limited to matters within his personal knowledge relevant to this case. Michael Norton is examined. Witness is excused. 11:17 a.m. Recess. 2:15 p.m. Reconvene. Plaintiff's counsel requests to designate portions of Whitney Crutchley's deposition. Plaintiff's counsel is to provide his designations to defense counsel for their review/ possible cross designations. Richard Weisgrau is sworn and examined. 3:35 p.m. Recess. 3:50 p.m. Reconvene. Richard Weisgrau is examined further. Availability of witness Allen Maag discussed. 4:48 p.m. Court stands at recess until 9:00 a.m., 7/20/06. Case continued to: 7/20/06 for further trial.

Case 2:04-cv-00621-SRB

Document 265

Filed 07/19/2006

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