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 TWO)

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

DATE: March 1, 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 ============================================================================= 8:54 a.m. Trial reconvenes. Also present: Plaintiffs Lewis and Cynthia Silverman and Danny Ma, defense representative. Court and counsel confer regarding jury instructions. Counsel advise they have a stipulation, which is read to the Court. Counsel may read said stipulation to the jury. The jury is now present. Plaintiff's case continues: Lewis Silverman continues testimony on direct. Cross-examination by defendant. Exhibits admitted: 34, 25, 26, 28, 27, and 38. 10:30 a.m. Recess. 10:52 a.m. Trial reconvenes with counsel, the parties, and the jury present. Cross-examination continues. Redirect by the Plaintiff. Craig Edward Columbus is sworn and testifies. Leonard Wise is sworn and testifies. Cross-examination by Defendant. Re-direct by Plaintiff. James Metcalf testifies through deposition testimony read by Plaintiff's counsel. Defendant's counsel also reads deposition testimony of James Metcalf. Plaintiff's counsel reads additional deposition testimony of James Metcalf. 12:16 p.m. Recess. 1:32 p.m. Trial reconvenes with counsel, the parties, and the jury present. Cynthia Silverman is sworn and testifies. Cross-examination by Defendant. Re-direct by Plaintiff. Plaintiff rests. The jury is excused. Defendant moves for Rule 50 Judgment as a Matter of Law. Counsel present argument to the Court. The Court reserves ruling on the motion for judgment as a matter of law under the merits of the claim. The motion with respect to the sufficiency of the evidence of racially discriminatory motive is denied. The Court reserves ruling with respect to the sufficiency of the evidence as to who is the decision maker. The Court grants the motion for judgment as a matter of law against the claim of punitive damages. As to front pay and back pay, the Court reserves ruling on the Rule 50 motion and the Rule 52(c) motion until after hearing the defendant's evidence. The jury is now present. Defendant's case: Edward J. Koslow is sworn and testifies. Exhibit 29 admitted. 3:10 p.m. Recess. 3:25 p.m. Court reconvenes with counsel, the parties, and the jury present. Cross-examination of Edward Koslow by Plaintiff. Re-direct by Defendant. A stipulation is read to the jury. Gregory Joines is sworn and testifies. Cross-examination by Plaintiff. Re-direct by Plaintiff. The jury is excused until 3/2/06 at 9:00 a.m. Court and counsel confer. 5:00 p.m. Trial adjourned until 3/2/06 at 8:40 a.m. w/ counsel. Time in Court: 6 hrs, 13 mins.

Case 2:03-cv-02268-NVW

Document 115

Filed 03/01/2006

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