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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL MINUTES

Phoenix Division CV 04-429-PHX-MHM Year Case No. HON: MARY H. MURGUIA Alexander Jung Plaintiff Deputy Clerk: Kristen Parris Judge # 7027 v. John E. Potter Defendant Court Reporter: Merilyn Sanchez DATE: 8/2/07

Suzanne Chynoweth and Judith Homich-Sandoval Rosval Patterson Plaintiff counsel Defense counsel ============================================================================= PROCEEDINGS: X Open Court Chambers SEALED Jury Trial, Day 3. 9:15 a.m. Court reconvenes with counsel. Jury is not present. Discussion held regarding witnesses. 9:16 a.m. Jury is now present. Regina Beckhum is sworn, examined, cross-examined, and excused. Exhibits 317 and 320 are admitted into evidence. 10:36 a.m. Jury is excused; Court and counsel remain in session. Ms. HomichSandoval makes an offer of proof as to Ms. Beckhum. Discussion held. 10:41 a.m. Court stands at recess. 11:03 a.m. Court reconvenes with counsel and jury present. Dennis Armstrong is sworn, examined, crossexamined, and excused. Roy Garcia is sworn, examined, cross-examined, further examined on redirect, further re-crossed, and excused. 12:13 p.m. Jury is excused; Court and counsel remain in session. Discussion held regarding witnesses. 12:19 p.m. Court stands at recess. 1:36 p.m. Court reconvenes with counsel and jury present. Christopher Hiler is sworn, examined, crossexamined, and further examined on re-direct. 2:15 p.m. Jury is excused; Court and counsel remain in session. Ms. Chynoweth withdraws her objection. Dr. Hiler is excused. 2:17 p.m. Jury is now present. Regina Diaz is sworn, examined, cross-examined, further examined on re-direct, and excused subject to being called in rebuttal. Angelita Martinez is sworn, examined, cross-examined, further examined on redirect, and excused. 3:27 p.m. Jury is excused; Court and counsel remain in session. Discussion held regarding witnesses. 3:31 p.m. Court stands at recess.

Case 2:04-cv-00429-MHM

Document 172

Filed 08/02/2007

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CV 04-429-PHX-MHM

August 2, 2007

3:53 p.m. Court reconvenes with counsel. Jury is not present. Defendant orally moves for a directed verdict, which motion is DENIED. Plaintiff rests. FOR THE DEFENDANT: Humberto Trujillo is sworn, examined, cross-examined, further examined on redirect, and excused. 5:02 p.m. Jury is excused; Court and counsel remain in session. Discussion held regarding jury instructions. 5:04 p.m. Court stands at recess. 5:27 p.m. Court reconvenes with counsel. Jury is not present. Jury charge conference held. 5:44 p.m. Court stands at recess until 9:00 a.m. on August 3, 2007. Time in Court: 5 hours, 30 mins

Case 2:04-cv-00429-MHM

Document 172

Filed 08/02/2007

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