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

Phoenix Division CV-04-00384-PHX-ROS Year Case No Initials

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES - JURY TRIAL DATE: 9/9/08

vs. Greg Hancock, et al. Title: Meritage Corporation, et al. Plaintiffs Defendants ============================================================================= HON: ROSLYN O. SILVER Deputy Clerk : Christine Boucher Judge # 7022 Court Reporter: Elaine Cropper

Grant Woods and Dan Goldfine Robert Frisbee and Susan Bostock Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) ============================================================================= NON-JURY TRIAL X VOIR DIRE X JURY SWORN PROCEEDINGS: X JURY TRIAL Trial day # 1 9:05 a.m. Counsel present. Parties have no preliminary matters. 9:07 a.m. Court is in recess. 9:20 a.m. Prospective jurors present. Voir dire commences. Jurors 16, 15, 8, 3, 32, 5, 28, and 13 are stricken for cause. Jury panel is excused from the courtroom. 10:00 a.m. Jurors 1, 7, and 23 are questioned individually and excused from the courtroom. Juror 23 is stricken for cause. 10:13 a.m. Court is in recess. 10:48 a.m. Jury panel of 8 jurors are seated and administered the oath. Jury preliminarily instructed by the Court. 11:10 a.m. Court is in recess. 12:16 p.m. Court reconvenes. Jury is not present. Court addresses the parties regarding exhibit objections. 12:17p.m. Court is in recess. 12:19 p.m. Court reconvenes. Jury is present. 12:20 p.m. Plaintiffs' opening statement. 1:08 p.m. Sidebar discussion held. Defendants make oral motion to dismiss as set forth on the record. Motion is denied. End sidebar. 1:10 p.m. Defendants' opening statements. 1:41 p.m. Court is in recess. 2:08 p.m. Court reconvenes. Jury is not present. Discussion held regarding objections to exhibits. Exhibit 504 objection is sustained. Objection to exhibit 509 is withdrawn and exhibit is admitted. Exhibit 518 objection is overruled and exhibit is admitted with stipulation that a jury instruction will be given. Exhibit 520 objection is

Case 2:04-cv-00384-ROS

Document 604

Filed 09/09/2008

Page 1 of 2

overruled and exhibit is admitted. Exhibit 522 objection is overruled and exhibit is admitted. Exhibit 523 objection is overruled and exhibit is admitted. Exhibit 524 objection is overruled and exhibit (entire 10-K) is admitted. Exhibit 534 is withdrawn. The Court allows Defendants to read portions of exhibit 535 to the jury as set forth on the record. Exhibit 544 objection is sustained. 2:26 p.m. Jury enters courtroom. Plaintiffs' case: Steven J. Hilton is sworn and examined. 4:21 p.m. Court is in recess and to reconvenes on 9/10/08 at 9:00 a.m. Counsel to be present at 8:30 a.m.

Trial time: 4 hrs. Voir Dire: 53 min.

Case 2:04-cv-00384-ROS

Document 604

Filed 09/09/2008

Page 2 of 2