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 CIV 02- 2639-PHX-SRB Year Case No. Dft #
HON: SUSAN R. BOLTON

DATE: 8/18/05

Judge # 7026

Nicholas Alozie v. Mills Corporation, et al. Plaintiff(s) Defendant(s) Deputy Clerk: Maureen Williams Crt Rptr: Kim Moll Sabinus Megwa Plaintiff(s) counsel Shelton Freeman and Lisa Anne Smith Defense counsel

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

Trial Day #

5

Waiver of Jury trial filed

n/a

9:03 a.m. Reconvene. Jury present. Defendants' case (continued): Paul Bjorklund is examined further. Exhibit 145 is admitted. Witness is excused. Plaintiff's rebuttal witness being called out of order, Kenneth Goodacre is sworn and examined. 10:31 a.m. Recess. 10:47 a.m. Reconvene. Jury present. Kenneth Goodacre is examined further. Exhibit 144 is admitted. Witness is excused. Pam Posten, previously sworn, is examined. 12:04 p.m. Recess. 1:17 p.m. Reconvene. Jury present. Pam Posten is examined further. Exhibit 51 is admitted. 2:44 p.m. Recess. 3:01 p.m. Reconvene. Jury present. Pam Posten is examined further. 3:33 p.m. Jury is excused until 9:00 a.m., 8/19/05, and court stands at recess. 3:45 p.m. Reconvene. Jury not present. Final jury instructions discussed. Defendants' written Motions for Directed Verdict are discussed. For reasons as stated on the record, the Court rules as follows: Defendants' First Motion [doc. 110] is denied; Defendants' Second Motion [doc.111] is denied; Defendants' Third Motion [doc. 112] is taken under advisement; Defendants' Fourth Motion [doc. 113] is granted in part and denied in part; Defendants' Fifth Motion [doc. 114] is granted in part and denied in part; Defendants' Sixth Motion [doc. 115] is granted. Trial schedule discussed. The Court imposes time limitations on counsel for tomorrow's session as the matter is to go to the jury for deliberations by lunchtime. Discussion held re: plaintiff's closing argument. The Court will preclude plaintiff from arguing to the jury lost profits. 5:14 p.m. Court stands at recess until 9:00 a.m., 8/19/05.

Case continued to: 8/19/05

for further trial.

Case 2:02-cv-02639-SRB

Document 116

Filed 08/18/2005

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