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

Phoenix Division CV 04-446-PHX-JAT Year Case No Initials

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES - JURY TRIAL DATE: 1/29/2008

vs. F. Ramon, et al Title: Albert W. DeLeon Plaintiffs Defendants ============================================================================== HON: JAMES A. TEILBORG Deputy Clerk : Joanna Rosales Judge # 7025 Court Reporter: David German

Albert W. DeLeon - Pro se Michael Gottfried Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) =============================================================================== PROCEEDINGS: X JURY TRIAL NON-JURY TRIAL X VOIR DIRE X JURY SWORN Trial day # 1 Also present: Defendants Fredrick Ramon, Andres Avalos, Adrian Paradez and Michael Reyna. 12:09 p.m. Court convenes with parties and counsel present. Thirty-three prospective jurors present and sworn. Voir dire examination commences. Strikes for cause and hardship are made. Plaintiff and counsel passes the panel. 1:19 p.m. Court stands at recess to allow parties to exercise strikes. Courtroom Deputy is notified that Juror #14 may have been overlooked during the voir dire process on question re: undue hardship. 1:40 p.m. Court reconvenes with parties and counsel present. Jury panel is present. Juror #14 is questioned. 1:43 p.m. Court stands at recess to allow parties to exercise strikes. 2:00 p.m. Court reconvenes with parties and counsel present. A jury panel of 8 is empaneled and sworn. The following jurors are seated as the trial jury: #4, 11, 12, 13, 14, 16, 18 and 19 who are renumbered as 1-8 respectively. The Court instructs the jury preliminarily. Opening statement by plaintiff. Opening statement by defendant. Plaintiff's case: Michael Reyna is sworn and testifies. Cross-examination by defendant. Re-direct by plaintiff. Witness is excused. Frederick Ramon is sworn and testifies. Cross-examination by defendant. Exhibit 14 is admitted into evidence. Witness is excused. Adrian Paredez is sworn and testifies. Cross examination by defendant. Re-direct by plaintiff. Witness is excused. 3:10 p.m. Recess. 3:33 p.m. Court reconvenes with parties and counsel present. Jury is present. Note to the Court from Juror #3 is discussed on the record. Andres Avalos is sworn and testifies. Cross-examination by defendant. Re-direct by plaintiff. Witness is excused. Plaintiff rests. 3:43 p.m. Jury exits the courtroom. Court remains in session. Defendants' oral Rule 50 Motion for Judgment as a Matter of Law is argued to the Court. Matter is taken under advisement.

Case 2:04-cv-00446-JAT

Document 281

Filed 01/29/2008

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Page 2 CV 04-446-PHX-JAT DeLeon v. Ramon, et al

4:00 p.m. The jury is now present. Court excuses the jury for the day and is to return 1/30/08 at 9:00 a.m. 4:02 p.m. Court remains in session. Note to the Court from Juror #4 is discussed on the record. Plaintiff's request to re-open the case is granted. Plaintiff is to be prepared on Wednesday, 1/30/08. Jury instructions are discussed. The Court takes the two instructions re: retaliation and excessive force under advisement. Stipulated facts are discussed. 4:34 p.m. Court stands in recess until 9:00 a.m. on Wednesday, January 30, 2008. Time in Court: 3 hrs, 23 mins

Case 2:04-cv-00446-JAT

Document 281

Filed 01/29/2008

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