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

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

Phoenix Division CV 04-429-PHX-MHM Year Case No. HON: MARY H. MURGUIA Alexander Jung Plaintiff Deputy Clerk: Kristen Parris Judge # 7027 v. John E. Potter Defendant Court Reporter: Merilyn Sanchez DATE: 7/31/07

Suzanne Chynoweth and Judith Homich-Sandoval Rosval Patterson Plaintiff counsel Defense counsel ============================================================================= PROCEEDINGS: X Open Court Chambers SEALED 9:23 a.m. Discussion held regarding the joint statement of the case. The Rule of Exclusion of Witnesses is invoked. 9:27 a.m. Court stands at recess. 9:47 a.m. - Jury Trial commences. A panel of 37 persons is sworn, and the Court conducts voir dire examination.
10:51 a.m. Court stands at recess. 10:59 a.m. Court reconvenes with counsel and voir dire panel present. Voir dire examination continues. Counsel pass the panel for cause. 12:02 p.m. Court stands at recess. 12:27 p.m. Court reconvenes with counsel and eight jurors are selected and sworn as trial jurors. The Court briefly admonishes the jury. 12:34 p.m. Jury is excused; Court and counsel remain in session. Discussion held regarding the Court's ruling on the Motion in Limine re: Termination Claims. 12:40 p.m. Court stands at recess. 1:54 p.m. Court reconvenes; Jury is not present. The Court advises counsel that the issue of back pay will not be tried to the jury, but will be decided by the Court if the Jury finds in favor of the plaintiff. With respect to the issue involving matters of damages after January 28, 2002, Plaintiff's counsel on behalf of his client can submit any evidence in support of any damages under the Rehabilitation Act claim until today. Therefore, the evidence of damages is limited to the issue under the Rehabilitation Act claim. Based upon the stipulation of counsel, exhibits 2-24, 27-37, 39, 42, 45-51, 53-55, 6567, 71, 74-76, 200-228, 230-233, 235-236, 239-240, 243, 245, 246, 259-264, 266-269, 274, 281, 284, 292, 297, 298, 303, 309, 323-327, 329-330, 335, 337, and 338 are admitted into evidence. 2:10 p.m. Jury is now present. The Court gives preliminary instructions to the jury. Counsel make opening statements. 2:47 p.m. Court stands at recess.

Case 2:04-cv-00429-MHM

Document 169

Filed 07/31/2007

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CV 04-429-PHX-MHM

July 31, 2007

2:54 p.m. Court reconvenes with counsel and jury present. FOR THE PLAINTIFF: Alexander Lee Jung is sworn and examined. Exhibit 44 is admitted into evidence. 3:56 p.m. Court stands at recess. 4:20 p.m. Court reconvenes with counsel and jury present. Alexander Lee Jung resumes the stand and is examined. 4:56 p.m. Jury is excused; Court and counsel remain in session. Discussion held. 5:00 p.m. Court stands at recess until 9:00 a.m. on August 1, 2007.

Time in Court: 5 Hours

Case 2:04-cv-00429-MHM

Document 169

Filed 07/31/2007

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