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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL TRIAL MINUTES Phoenix Division HON: EARL H. CARROLL DATE: 10/26/06 CIV: 03-2077-PHX-EHC CASE TITLE: Robert Gant and Betty Gant v. Roger Vanderpool, et al. PLAINTIFFS' COUNSEL: Robert Gregory DEFENDANTS' COUNSEL: Georgia Staton Roberta Hightower Candy Potter Deputy Clerk Court Reporter ================================================================================ PROCEEDINGS: DAY 6 OF CIVIL JURY TRIAL JUDGE # 7014

08:42 The Court meets with counsel and the parties to discuss the schedule for the remainder of the trial. The parties will receive a draft set of jury instructions, but they're the stipulated instructions, and will probably be revised substantially in light of rulings and issues to be resolved by the jury. 08:51 Recess taken. 09:09 Court reconvenes with the jury, trial resumes. Dave Jordon returns to the stand on further direct examination. Exhibit 52 is marked, moved and objection sustained. Exhibit 2 admitted. Samuel Weiss is sworn and examined. Exhibit 141 admitted. 10:16 Recess taken. 10:40 Court reconvenes. Samuel Weiss resumes testifying on cross examination. Mr. Weiss is excused until 1:30 PM. Christopher L. Vasquez sworn and examined. Exhibits 132, 133,136 and 137 admitted 11:38 Recess taken until 1:00 p.m. 01:07 Court reconvenes with the parties out of the presence of the jury. The Court has reviewed exhibit 153(a), Robert Gant's video presentation and for reasons more fully stated on the record, sustains plaintiff's objection to the admission of the exhibit 153. Defense offers the remaining video presentations included in exhibit 153. Plaintiff withdraws the admission of exhibit 53, since exhibit 137 contains the essence of that exhibit. Further, plaintiff is prepared to cross-examine Samuel Weiss based on exhibit 137 alone. 01:14 the jury returns to the courtroom. The Court advises them of the proposed schedule for the remainder of the trial and requests they consider that proposal and respond after the next recess. Samuel Weiss recalled on further cross-examination. 01:28 Defense regarding the Defense renews in writing. IT rests, plaintiff rests. The jury is excused briefly to confer proposed schedule. Court and counsel remain in the courtroom the Rule 50 motion for the reasons previously provided to the Court IS ORDERED denying the motion.

The jury returns to the courtroom and informs the Court they have agreed to return Case 2:03-cv-02077-EHC Document 135 Filed 10/26/2006 Page 1 of 2

on Tuesday. 10/31/06. The jury is admonished and recessed until Tuesday, 10/31/06 at 9:00 a.m. The Court remains with counsel and a set of draft instructions are distributed. The parties are directed to meet with the Court on Friday, 10/27/06 at 2:00 PM for purposes of finalizing the instructions. 01:46 Court stands in recess.

Case continued to: Tuesday, 10/31/06 at 9AM for further trial.
CvTrlCont 1/1/94

Case 2:03-cv-02077-EHC

Document 135

Filed 10/26/2006

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