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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL TRIAL MINUTES - GENERAL Phoenix Division CV 03-1415-PHX-ROS Year Case No Initials DATE: 6/28/2006

Title: Jerry Simms vs. State Farm Fire & Casualty Co. Plaintiff Defendant ============================================================================== HON: ROSLYN O. SILVER Kathleen Zoratti Deputy Clerk Judge # 7022

David Lee Court Reporter

William Phillips Joseph Dolan Attorney for Plaintiff(s) Attorney(s) for Defendant(s) =============================================================================== PROCEEDINGS:/ X /JURY TRIAL / /COURT TRIAL / /VOIR DIRE / /JURY SWORN Trial Day # 8 Waiver of Jury trial filed

8:53 a.m. Reconvene. Jury not present. Discussion re jury instructions. Dft renews motion for judgment as a matter of law re bad faith claims and punitive damage claim. Argument presented. Court grants dft's motion as to punitive damages. Court denies dft's motion as to bad faith claims. Final jury instructions and form of verdict settled. 9:00 a.m. Recess. 9:31 a.m. Reconvene. Ex. 309 is marked and admitted. Ex. 286-289, 293-295 and 299 withdrawn. Dft rests. Ex. 94A-I admitted. Final jury instructions read to jury. 9:50 a.m. Recess. 10:07 a.m. Reconvene. Closing arguments. 11:27 a.m. Recess. 11:38 a.m. Reconvene. Closing arguments continue. 11:53 a.m. Recess. 1:02 p.m. Reconvene. Jury not present. Discussion held. 1:13 p.m. Jury enters. Closing arguments continue. 2:03 p.m. Recess. 2:30 p.m. Jury deliberations begin. 4:16 p.m. Reconvene. Jury not present. Court and counsel discuss jury questions. 4:36 p.m. Jury enters. Court responds to jury question. 4:38 p.m. Recess. 4:40 p.m. Jury leaves for the day to return on 6/29/06 at 9:00 a.m. to continue deliberations.

3 hr. 24 min.

Case 2:03-cv-01415-ROS

Document 188

Filed 06/28/2006

Page 1 of 1