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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES - JURY TRIAL Phoenix Division CV 03-869-PHX-FJM Year Case No Initials DATE: 2/16/2006

Title: Charles De Shazer vs. National RV Holding Inc., et. al. Plaintiffs Defendants ============================================================================== HON: FREDERICK J. MARTONE Deputy Clerk : Kerry Reynolds Jack Gunn and Marshall Meyers Judge # 7028 Court Reporter: Liz Lemke

William Shattuck for National RV Holdings Inc. John Hendricks for Freightliner Custom Chassis Corp. Attorney(s) for Plaintiff(s) Attorney(s) for Defendant(s) =============================================================================== PROCEEDINGS: X JURY TRIAL Trial day # 3 8:17 a.m. Court convenes with counsel present as stated above. Jury Instructions are settled. 9:08 a.m. Recess. 9:18 a.m. Court reconvenes with counsel present as stated above Also present: Plaintiff Charles DeShazer and his wife, Gloria DeShazer, John Claterbos with Freightliner Custom Chassis Corporation, and Witness Steven Roddy. The jury is present. Defendant National RV's case continues: Steven Roddy, previously sworn, continues testifying. Exhibit 20 (Bates #57 only) is admitted in evidence. 10:47 a.m. The jury is excused. Trial schedule is discussed with counsel. 10:50 a.m. Recess. 11:05 a.m. Court reconvenes with the parties present as previously stated. The jury is present. Steven Roddy continues testifying. The witness is excused. Defendant Freightliner's case: Jody Adams is sworn and examined. Exhibit 60 (pages FCC0033, FCC0034, FCC0035, FCC0039 only) is admitted. The witness is excused. Defendants rest. 12:23 p.m. The jury is excused. Trial schedule is discussed with counsel. 12:25 p.m. Recess. 1:25 p.m. Court reconvenes with the parties present as previously stated. The jury is present. Plaintiff's rebuttal: Charles De Shazer, previously sworn, continues testifying. The witness is excused. Plaintiff rests. 1:43 p.m. Jury is excused from the courtroom. Defendant National RV makes a Rule 50 Motion for Judgment as a matter of law as it relates to the plaintiff's claim for loss of use damages and also as it relates to plaintiff's claim for diminution in value NON-JURY TRIAL VOIR DIRE JURY SWORN

Case 2:03-cv-00869-FJM

Document 207

Filed 02/16/2006

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CV 03-869-PHX-FJM DeShazer v. National RV Holdings, Inc. et. al. Date: 2/16/2006 Page Two

damages. Counsel present argument. The motion is denied. Defendant Freightliner joins National RV's Motion for Judgment as a matter of law and makes an additional Motion for Judgment as a matter of law. Counsel present argument. The motion is denied. 1:55 p.m. The jury is now present. Counsel present closing arguments. 2:58 p.m. Recess. 3:13 p.m. Court reconvenes with the parties present as previously stated. The jury is present. Counsel continue to present closing arguments. The jury is instructed. Two bailiffs are sworn. 4:30 p.m. Court stands in recess for jury deliberations. 5:00 p.m. The jury is excused for the day to return 2/17/2006 at 9:00 a.m.

Case 2:03-cv-00869-FJM

Document 207

Filed 02/16/2006

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