Free Statement - District Court of Arizona - Arizona

I
i I UNITED STATES DISTRICT COURT
2 FOR THE DISTRICT OF ARIZONA·
3 mw______________
4
KAYE E. HUTTON, as an )
5 individual and as )
representative of a ciass )
6 consisting of others similarly)
situated, )
7 )
Plaintiff, )
8 )
vs. ) NO. CV 03-2262 PHX—ROS
9 )
BANK OF AMERICA, NA., ) Phoenix, Arizona
I0 ) November 9, 2005
Defendant. ) 9:50 a.m.
ii )
I2
` I3
I4 REPORTER'S TRANSCRIPT OF PROCEEDENGS
15 (Telephonic Discovery Dispute)
I6 BEFORE THE HONORABLE ROSLYN O. SILVER
17
18
19
20
21
Court Reporter: David M. Lee, CSR 9543, RMR, CRR
22 Sandra Day O'Connor U.S. Courthouse
40I W. Washington Street
23 Phoenix, Arizona 85003
(602) 322—7245
24
Proceedings taken by stenographic court reporter
25 Transcript prepared by computer—aided transcription
DI I
Ca 2:O3—cv—O2262-ROS U’H5’é¥J?n§rW°i"8F8$s S•Q€Féd%/’?9/@$6 Page10f2

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1 with respect to the Arizona action, I think there
2 is sufficient evidence to establish that the collective
3 action in Arizona should go forward, but I will tell you
4 this: I need to know how much time is necessary in order
5 to collect aii of the evidence that will be presented to iunauu
5 this Court on a motion, dispositive motion basis. This
7 being a collective action, then I would allow those
8 individuals for whom there is sufficient evidence to get to
9 the jury —— meaning that there is a genuine issue of
10 material fact to go to the jury on willfulness, and that*s ionsns
ll something that is really a dispositive issue. I wili
12 conditionally allow the issue of willfulness to go forward,
g 13 but for Arizona only. Of course in the nature of
14 dispositive motion, that matter will be brought to the
15 attention of this Court, to determine whether or not there ioasmu
16 are genuine issues of material fact to go to the jury on
17 each of the individuals.
18 Now I can't decide that today, without getting
19 into detail, because —— and 1 think as both parties know,
20 that has not been adequately briefed to the Court. iodide
21 Now let me ask, how much time will be necessary
22 for counsel to complete discovery on the limited issue that
23 I am going to allow?
24 Ms. Jones.
25 MS. JONES: Your Honor, there are several reuse;
Ca 9 2:03-cv-02262-ROS Uiliggdm€HPtA2`8E8?3DISn?PiQeI¤CEY7/?€}}2lBrB6 Page 2 of 2

Case 2:03-cv-02262-ROS

Document 288-3

Filed 07/17/2006

Page 1 of 2

Case 2:03-cv-02262-ROS

Document 288-3

Filed 07/17/2006

Page 2 of 2