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

Phoenix Division

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES (JURY TRIAL­DAY THREE)

CV03-2268-PHX-NVW Year Case No. Dft # HON: NEIL V. WAKE

DATE: March 2, 2006 Judge # 7032

Caption: Silverman v. Albertsons, Incorporated Deputy Clerk: Maureen Williams/Sandi Fredlund Crt Rptr/ECR: Gary Moll

Defendant's counsel: Thomas L. Stahl Plaintiff's counsel: David C. Larkin ============================================================================= 8:43 a.m. Trial reconvenes. Also present: Plaintiffs Lewis and Cynthia Silverman and Danny Ma, defense representative. Court and counsel confer regarding jury instructions. The jury is now present. Defendant's case continues: Leonard Wise, previously sworn, is recalled to the stand and testifies. Cross-examination (and rebuttal) by Plaintiff. Benjamin Raymond Willis is sworn and testifies. Cross-examination by Defendant. Redirect by Plaintiff. Lewis Silverman, previously sworn, is recalled to the stand and testifies. Exhibits 32 and 33 are admitted, with a limiting instruction read to the jury. Kenneth John Cetro is sworn and testifies. Exhibit 35 is admitted. Cross-examination by Plaintiff. John Casey Tomlinson is sworn and testifies. Cross-examination by Plaintiff. Re-direct by Defendant. The jury is excused. Jury instructions are discussed. 10:42 a.m. Recess. 11:02 a.m. Trial reconvenes with jury present. Debra Ann Collette is sworn and testifies. Cross-examination by Plaintiff. Re-direct by Defendant. The jury is excused until 1:25 p.m.. 12:21 p.m. Recess. 1:23 p.m. Trial reconvenes without the jury present. Jury instructions are discussed. The jury is now present. Deborah Ann Horak is sworn and testifies. Exhibit 30 is admitted and a limiting instruction is given. Crossexamination by Plaintiff. Defendant Rests. Plaintiff's rebuttal case: Leonard Wise, previously sworn, testifies. Lewis Silverman, previously sworn, testifies. Jury is excused on recess. Jury instructions are discussed and finalized and arguments made. Verdict forms are discussed. Plaintiff's orally motions for Rule 50 Motion for Judgment as a Matter of Law. Argument is presented. Plaintiff's motion is denied with respect to mitigation on the emotional pain and suffering. The Court reserves ruling on the issue of mitigation concerning employment damages. Objections to instructions placed on the record. Defendant orally moves for Rule 50 Motion for Judgment as a Matter of Law. The motion is denied concerning sufficiency of evidence regarding religious animus and the sufficiency of the evidence concerning mixed motive and the Court reserves ruling on the issue of Ms. Collette being the decision maker. Defendant's Rule 52(c) motion is under advisement. 3:20 p.m. Recess. 3:35 p.m. Trial reconvenes with the jury present. The Court instructs the jury. Plaintiff's closing argument begins. 4:30 p.m. Court adjourned until 3/3/06 at 9:00 a.m. Time in Court: 6 hrs, 10 mins.

Case 2:03-cv-02268-NVW

Document 120

Filed 03/02/2006

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