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

FILE COPY United States District Court for the District of Arizona February 6, 2007 Minute Entry - Jury Trial Minutes Case No. CV 03-2390-PHX-JAT

Title: Warfield v. Alaniz, et al. --------------------------------------------------------------------------------------------------------MINUTE ENTRY before Judge James A. Teilborg. Court Reporter: David German. Appearances: Ryan W. Anderson, Alison MB Patten and Nicholas Pattella for plaintiff. Burton M. Bentley for defendants and Steve Bryant for defendant Dwight Lankford. 9:18 a.m. Jury trial - Day 1. Court convenes. 28 prospective jurors are sworn. The Court reads Statement of the Case to the prospective jurors. Voir dire examination of jurors. 10:42 a.m. Jury at recess. Court remains in session. Court and counsel discuss matters related to jury selection and striking of certain jurors. 10:52 a.m. Recess. 11:07 a.m. Reconvene. Voir dire examination of jurors continues. 12:00 noon Lunch recess. 1:05 p.m. Reconvene. Defendant states he has no questions he wishes to ask the prospective jurors. Plaintiff and defendant pass the panel for cause. 1:10 p.m. Recess. 1:24 p.m. Reconvene. The prospective jurors are not present. Plaintiff advises the Court that plaintiff now abandons Counts 1 and 6 of the Third Amended Complaint. Defendant having no objection, IT IS ORDERED dismissing Count 1 of the Third Amended Complaint (breach of fiduciary duty claim) and Count 3 of the Third Amended Complaint (common law fraud claim). Plaintiff's counsel avows that exhibit notebooks to be presented to witnesses are identical to the master set of exhibits provided to the deputy clerk and the Court.. Over objection of plaintiff, the Court will allow attorney Steve Bryant (attorney for defendant Dwight Lankford) to cross-examine witnesses after Mr. Bentley so long as the questions are not duplicative. 1:45 p.m. The prospective jurors are now present in the courtroom.
Case 2:03-cv-02390-JAT Document 549 Filed 02/06/2007 Page 1 of 2

A jury panel of 9 jurors are empaneled and sworn. Jurors selected are numbers 4, 5, 7, 11, 12, 17, 18, 19 and 22 (referred to as jurors 1 through 9, respectively, for purposes of trial). The Court admonishes and instructs the jury. 2:08 p.m. Opening statements. 2:45 p.m. Stipulated facts as set forth in the Pretrial Order are read into the record by plaintiff. 2:50 p.m. Plaintiff's case: Pursuant to stipulation, the following exhibits are admitted into evidence: 1 through 5, 10, 12 through 16, 39 through 51 (Note: 52 not admitted [see below]), 53, 64 through 101, 103 through 118, and 120 through 166. Frank Minton is sworn and testifies. 3:30 p.m. Recess. 3:50 p.m. Reconvene with counsel and jury present. The Court is advised that Exhibit 52 was erroneously listed on the record as a stipulated exhibit. The earlier order admitting exhibits is amended to delete the admission of exhibit 52. Frank Minton testifies further. Over objection of defendant, exhibits 18 and 102 are admitted into evidence. 5:00 p.m. Recess until 8:30 a.m., 2/7/07. Time in Court: 5 hrs 40 minutes ------------------------------------------------------------------------------------------CASE ASSIGNED TO: Hon. James A. Teilborg, Judge

Case 2:03-cv-02390-JAT

Document 549

Filed 02/06/2007

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