Free Jury Trial - Begun - District Court of Colorado - Colorado

Case 1:02-cv-01125-LTB-OES

Document 168

Filed 10/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Alan B. Johnson October 11, 2005 Bernique Abiakam, Courtroom Deputy Suzanne Claar, Court Reporter Civil Action No. 02-cv-01125-ABJ-OES DAVID L. HILDEBRAND, an individual, Pro se

Plaintiff, v. STECK MANUFACTURING COMPANY, INC., CORNWELL QUALITY TOOLS COMPANY, MATCO TOOLS, SNAP-ON TOOLS COMPANY, TOOLS USA AND EQUIPMENT COMPANY, and MAC TOOLS,

David C. Greer Charles F. Shane

Defendants.

COURTROOM MINUTES

Trial to Jury - Day One 10:00 a.m. Court in session.

Jury panel not present. Discussion regarding pending motions. ORDERED: Plaintiff' Motion to Recuse Requesting Magistrate Schlatter and s Judge Johnson to Recuse Themselves From This Case (Filed 10/7/05, Doc. No. 167) is DENIED, as specified. Discussion regarding Plaintiffs' Motion in Limine

Case 1:02-cv-01125-LTB-OES

Document 168

Filed 10/11/2005

Page 2 of 4

02-cv-01125-ABJ-OES Jury Trial Day 1 October 11, 2005

ORDERED: Plaintiffs'Motion In Limine (Filed 10/7/05; Doc. No. 166) is DENIED. Defendants' Motion In Limine will be ruled on in portions. ORDERED: Defendants'Motion In Limine (Filed 9/27/05; Doc. No. 154) is DENIED as specified. 10:21 a.m. Discussion and argument regarding defendants' witnesses not appearing in court. Court in recess. Court in session.

11:28 a.m. 12:19 p.m.

Court makes findings regarding defendants' witnesses not appearing in court. ORDERED: Plaintiffs'Oral Motion to Continue Trial at a Later Date is DENIED. ORDERED: Sanctions shall be imposed against the defendants as specified on the record. 12:26 p.m. 1:36 p.m. Court in recess. Court in session.

ORDERED: Sequestration of witnesses. 1:43 p.m. Jury panel present.

Court' preliminary remarks. s 1:53 p.m. Jurors sworn for voir dire.

Appearances of pro se Plaintiff, Defendants counsel and parties. 1:55 p.m. 2:06 p.m. Court explains case. Voir Dire begins by the Court.

Juror excused for cause: 100101041 Thomas H. Swinehart.

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Case 1:02-cv-01125-LTB-OES

Document 168

Filed 10/11/2005

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02-cv-01125-ABJ-OES Jury Trial Day 1 October 11, 2005

Further voir dire by the Court. 3:00 p.m. 3:02 p.m. 3:17 p.m. Bench conference to discuss " passing jury for cause" . Court in recess. Court in session.

The Court proceeds with peremptory challenges by the parties. Plaintiff' three challenges: s 85902 106749 100761 Steve C. Blackson Linda A. Barner Lili M. Williams

Defendant' three challenges: s 85358 107087 91225 3:24 p.m. Robert L. Horney Jr. Patrick J. Gill Patsy D. Monarrez

Eight jurors selected to try the case: 100111375 100099212 10092672 100118259 100095420 100089497 100114658 100098809 Nathan A. Shultz Allen F. Tong Amy D. Weaver Daneel B. Anthony Marion F. Valentine Kevin E. O' Grady Tina L. Cisneros Christopher Goodrich

3:26 p.m. 3:38 p.m. 3:45 p.m. 3:46 p.m.

Jury sworn. Court in recess. Court in session. Opening statements by pro se Plaintiff, Mr. Hildebrand.

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Case 1:02-cv-01125-LTB-OES

Document 168

Filed 10/11/2005

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02-cv-01125-ABJ-OES Jury Trial Day 1 October 11, 2005

4:16 p.m

Objection by Defendants. Sustained. Continued opening statements by pro se Plaintiff. Objection by Defendants. Sustained. Continued opening statements by Mr. Hildebrand, pro se Plaintiff. Opening statement by Mr. Greer, Defendants Court instructs jurors. Jury excused until 9:00 a.m. tomorrow morning. Discussion by the Court and the parties regarding trial proceedings. Court in recess until tomorrow morning at 9:00 a.m.

4:28 p.m.

4:30 p.m. 4:58 p.m. 5:07 p.m. 5:08 p.m. 5:31 p.m.

Trial continues 10/12/05. Total time in court: 5 hours 8 minutes

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