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

FILE COPY United States District Court for the District of Arizona February 16, 2007 Minute Entry - Jury Trial Minutes Case No. CV 03-2390-PHX-JAT

Title: Warfield v. Alaniz, et al. --------------------------------------------------------------------------------------------------------MINUTE ENTRY before Judge James A. Teilborg. Court Reporter: David German. Appearances: Ryan W. Anderson, Alison MB Patten and Nicholas Pattella for plaintiff. Burton M. Bentley for defendants. 8:30 a.m. Jury trial - Day 7. Court reconvenes with counsel present. The jury is not present. Verdict forms are further discussed. The Court will limit closing arguments to 1 ½ hours for each side. The note from Juror #3 is further discussed. Defendant objects to excusing Juror #3 at this time. The Court Finds that this juror's reason for being excused constitutes an undue hardship and will excuse him at 5:00 p.m., 2/21/07 if a verdict has not been reached by that date and time. 8:40 a.m. Juror #3 is now present in the courtroom and advised of the Court's decision. 8:44 a.m. All jurors are now present in the courtroom. Defendant's case continues: Portions of the deposition of Marshall Gandy dated 3/19/02 in SEC v. Dillie CV 01-2493-PHX-JAT is read into the record. Portions of the deposition of Jack Nelson Happy dated 2/24/06 in Warfield v. Merrill Lynch CV 03-10446 are read into the record. Portions of the deposition of Jack Nelson Happy dated 8/25/04 in Warfield v. Merrill Lynch CV 03-10446 are read into the record. Plaintiff objections to defendant reading portions of deposition of Michael Maksudian into the record since this witness was a noticed witness and has not appeared in person to testify. Defendant makes an avowal to the court that witness Maksudian is not available. Same discussed. The Court finds that defendant's avowal is inadequate and shall preclude defendant from reading portions of Mr. Maksudian's deposition into the record.. Defendant rests, subject to the Court's reconsideration of its ruling re: witness Maksudian. Plaintiff rests. 9:30 a.m. Recess. 10:02 a.m. Reconvene with counsel and jury present. The Court has reviewed the docket in this case and affirms its prior ruling re: witness Maksudian. Defendant rests.

10:07 a.m. Jury at recess until 12:30 p.m. Court remains in session. Jury instructions are
Case 2:03-cv-02390-JAT Document 560 Filed 02/16/2007 Page 1 of 2

discussed and finalized. IT IS ORDERED denying [539] Defendant's Motion to Amend/Correct Proposed Jury Instructions Pursuant to FRCP 51 for multipe reasons as set forth on the record. IT IS ORDERED denying [556] Defendant's Motion for Judgment as Matter of Law Pursuant to FRCP 50 for the reasons set forth on the record. 10:32 a.m. Recess. Court to reconvene at 12:15 p.m. with counsel. 12:30 p.m. Reconvene with counsel present. The jury is not present. Jury instructions are finalized. The Court finds that multiple verdicts against the same defendant on multiple theories will not be cumulative, even if they are of different amounts and the total of those different amounts is below the amount set forth on page 40 of the jury instructions. 12:53 p.m. Recess. 12:56 p.m. Reconvene with counsel present. The jury is not present. The Court has further considered plaintiff's proposed total verdict form and is not satisfied that it solves any more problems than it creates, and does not find it is an adequate solution. The Court's prior ruling that plaintiffs will not be permitted to total or to accumulate the verdict amounts for a particular defendant is affirmed. 1:02 p.m. The jury is now present in the courtroom. Closing arguments by plaintiff. 1:50 p.m. Recess. 2:10 p.m. Reconvene with counsel and jury present. Closing arguments by defendant. 3:35 p.m. Recess. 3:55 p.m. Reconvene with counsel and jury present. Rebuttal closing arguments by plaintiff. 4:20 p.m. Recess until 8:30 a.m., 2/21/07.

Time in Court:4 hrs 40 minutes ------------------------------------------------------------------------------------------CASE ASSIGNED TO: Hon. James A. Teilborg, Judge

Case 2:03-cv-02390-JAT

Document 560

Filed 02/16/2007

Page 2 of 2