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

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

Phoenix Division
HON: SUSAN R. BOLTON CIV 03- 2214-PHX-SRB Year Case No. Dft #

Judge # 7026
DATE: 6-16-06

James Field Plaintiff(s)

v. Brad Weekley, et al. Defendant(s) Kim Moll

Deputy Clerk: Maureen Williams / Kristen Parris Court Reporter: James Field (pro se) Plaintiff(s) counsel John Masterson and Jennifer Holsman Defense counsel

PROCEEDINGS:/ X /JURY TRIAL / /COURT TRIAL / /VOIR DIRE / /JURY SWORN

Trial Day #

4

8:58 a.m. Reconvene. Jury not present. Final jury instructions discussed further. Defense counsel renews the Motion for Summary Judgement and requests ruling on the Motion for Judgment as a Matter of Law. The Court will not hear further argument on the Motion as a Matter of Law as it is still taken under advisement. 9:06 a.m. Recess. 9:09 a.m. Reconvene. Jury present. The Court reads the final jury instructions. Closing argument. Bailiff is sworn to take charge of the jury. 10:03 a.m. Jury leaves the courtroom to commence deliberations, and court remains in session. Matters discussed. 10:12 a.m. Recess. 10:21 a.m. Jury taking break. 10:53 a.m. Jury all present in the jury room to continue deliberations. 12:00 p.m. Jury taking break. 12:30 p.m. Jury all present in the jury room to continue deliberations. 2:02 p.m. Reconvene. Jury not present. James Field (telephonically), John Masterson and Jennifer Holsman are present. Jury note discussed and written answer provided. 2:06 p.m. Recess. 2:58 p.m. Jury taking break. 3:15 p.m. Jury all present in the jury room to continue deliberations. 3:21 p.m. Reconvene. Jury not present. James Field (telephonically), John Masterson and Jennifer Holsman are present. Jury note discussed, and written answer provided. 3:24 p.m. Recess. 4:20 p.m. Reconvene. Jury not present. The Court advises plaintiff and defense counsel that the jury has written a note advising they cannot reach a unanimous verdict. Discussion held. 4:22 p.m. Jury present in the courtroom. The Court discusses the note with the jury foreperson. 4:29 p.m. The jury returns to the jury room to either continue deliberating or provide a note that they still cannot reach a unanimous verdict, and court stands at recess. 5:05 p.m. Jury taking break. 5:18 p.m. Jury all present in the jury room to continue deliberations.
Case 2:03-cv-02214-SRB Document 225 Filed 06/16/2006 Page 1 of 2

5:17 p.m. Reconvene. Jury not present. James Field, John Masterson and Jennifer Holsman are present. Jury question discussed and written answer provided. 5:44 p.m. Recess. 6:17 p.m. Reconvene. Jury not present. The Court advises Plaintiff and defense counsel that the jury has advised the Court they still cannot reach a unanimous verdict. 6:19 p.m. Jury present in the courtroom. The Court addresses the jury foreperson and is advised the jury still cannot reach a unanimous verdict. Therefore, IT IS ORDERED declaring a mistrial. The admonition is lifted, and the jury is discharged. The Court will issue an order setting a future hearing. Plaintiff is to file a response to Defendant's Motion for Judgment as a Matter of Law [ doc. 220] within 10 days from this date. 6:25 p.m. Court is adjourned. LATER: Plaintiff's Motion in Limine re: Several Items within the La Paz Defendant's Supplemental Disclosure [doc. 197] and Plaintiff's Motion in Limine re: Photographs Not Disclosed [doc. 198] are deemed moot.

Case 2:03-cv-02214-SRB

Document 225

Filed 06/16/2006

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