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: 6/21/2006

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 # 5 Waiver of Jury trial filed

8:33 a.m. Reconvene. Jury not present. Ex. 308 marked and admitted. 8:35 a.m. Jury enters. Pla's case continues. Syd Abed sworn and testifies. Witness excused. 9:30 a.m. Jury leaves courtroom. Discussion held. 9:33 a.m. Recess. 9:53 a.m. Reconvene. Deposition of John Denny read. Richard Andrews sworn and testifies. Witness excused. Carol Bianchi sworn and testifies. 11:50 a.m. Recess. 1:03 p.m. Reconvene. Carol Bianchi resumes testimony. Witness excused. Court permits witness to be taken out of order. Jerry Conrad sworn and testifies. Witness excused. Video deposition of Ronald MacDonald played. Court receives jury note. 2:10 p.m. Recess. 2:34 p.m. Reconvene. Video deposition of Ron MacDonald continues. Deposition of James McDonald read. Pla rests. Dft's case: Dick Snyder sworn and testifies. Witness excused. 3:37 p.m. Recess 3:52 p.m. Reconvene. Discussion held re scheduling. excused until 6/22/06 at 9:15 a.m. 3:55 p.m. Recess. Jury

4:05 p.m. Reconvene. Dft moves for judgment as a matter of law re bad faith claims and moves for dismissal of punitive damage claim. Argument presented. Court denies the motion for judgment as a matter of law re bad faith claims. Court takes under advisement punitive damage issue. 4:37 p.m. Court stands at recess. Counsel to be present on 6/22/06 at 9:00 a.m. 5 hr. 25 min.

Case 2:03-cv-01415-ROS

Document 182

Filed 06/21/2006

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