Free Pretrial Conference - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES

Phoenix Division CV03-2268-PHX-NVW Year Case No. Dft # HON: NEIL V. WAKE DATE: October 14, 2005

Judge # 7032

Caption: Silverman, et. al. v. Albertsons, Inc., et. al. Deputy Clerk: Sandi Fredlund Crt Rptr/ECR: Laurie Adams

Defendant's counsel: Thomas L. Stahl Plaintiff's counsel: David C. Larkin ============================================================================= This is the time for final pretrial conference. Firm trial is set February 28, 2006 at 9:00 a.m. ( 3 days to a jury). Trial days are 9:00 a.m. to 4:30 p.m., Tuesday through Thursday. Final list of witnesses and exhibits are due no later than one day before trial. Voir dire is discussed. The Court will revise the voir dire and provide to counsel shortly before the trial date. The jury will consist of 10 jurors and each side has 3 strikes. The Court will request a panel of 30 jurors for voir dire. The Rule of Exclusion of Witnesses is invoked but the Court finds that it does not apply to Cynthia Silverman. Motions in limine are discussed and argued. Plaintiff's Motion in Limine re EEOC action [doc. 87] is denied. Plaintiff requests leave of court to add a witness. The Court will grant leave to Plaintiff to supplement his witness list. Plaintiff is directed to disclose the identity and substance of the witness' testimony within 60 days of today and Defendant may depose the witness, provided the deposition is held no later than 15 days before trial. Plaintiff's Motion in Limine re Other Claims [doc. 88] is granted. Plaintiff's Motion in Limine re Past Performance [doc. 89] is denied. The Court will instruct the jury prior to closings. Trial issues are discussed. Jury instructions are discussed and rulings are made. As discussed in Court, the Court indicates it is inclined to submit the damage issue to the jury in an advisory capacity. Revised proposed substantive jury instructions are to be submitted within 30 days. Time in Court: 1 hr, 30 mins.

Case 2:03-cv-02268-NVW

Document 106

Filed 10/14/2005

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