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

Phoenix Division

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

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

DATE: February 28, 2006

Judge # 7032

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

Defendant's counsel: Thomas L. Stahl Plaintiff's counsel: David C. Larkin ============================================================================= 8:45 a.m. This is the time set for jury trial. In addition to counsel listed above, Plaintiffs Lewis and Cynthia Silverman are present and Danny Ma, defense representative, is also present. Court and counsel confer regarding pretrial matters. The Court, on its own motion, reconsiders its ruling on plaintiff's motion in limine, doc. no. 87, and now grants the motion. Objections to exhibits are argued. 9:22 a.m. Recess. 9:32 a.m. Trial convenes with above-stated counsel, parties, and the jury panel present. Voir dire begins. Juror #12 is excused. The jury is excused on recess. Juror hardships are discussed. Jurors # 2, 3, 7, and 23 will be excused. 10:23 a.m. Recess. 10:39 a.m. Trial reconvenes with counsel, parties, and the jury panel present. The following jurors are excused: #2, 3, 7 and 23. Voir dire continues. Jurors #16 and 19 are excused. The jury panel is excused to allow counsel to exercise strikes. 11:30 a.m. Recess. 11:46 a.m. Trial reconvenes with counsel, parties, and the jury panel present. The following jurors are seated as the trial jury: #1, #5, #6, #8, #9, #10, #13, #14, #15, and #17, who are renumbered 1-10, respectively. The jury is sworn. Preliminary instructions are read to the jury. 12:00 p.m. Recess. 1:28 p.m. Trial reconvenes with counsel and the parties present. Objections to exhibits are discussed. The jury is now present. Plaintiff's Opening Statement. Pursuant to stipulation of counsel, Exhibit 39 is admitted. Defendant's Opening Statement. Plaintiff's case: Lewis Silverman is sworn and testifies. Exhibit 31 is admitted. The jury is excused on recess. Court and counsel confer. 3:03 p.m. Recess. 3:20 p.m. Trial reconvenes with counsel, the parties, and the jury present. Direct examination of Lewis Silverman continues. Exhibits admitted: 2, 14, 3, 16, 17, 15, 22, 6. The jury is excused until 9:00 a.m. on March 1, 2006. Court and counsel confer. Jury instructions are discussed. 4:50 p.m. Recess until 3/1/06 at 8:45 a.m. Time in Court: 5hrs, 28 mins.

Case 2:03-cv-02268-NVW

Document 114

Filed 02/28/2006

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