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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CIVIL TRIAL MINUTES Phoenix/Prescott Division CIV: 02 Year / 2575 / PHX / DGC Case No. Initials v. DATE: 9/8/05 Reno A&E

TITLE: Eberle Design Inc.

================================================================================= HON: DAVID G. CAMPBELL Lisa Richter Deputy Clerk Attorney(s) for Plaintiff(s) Charles Hauff, Daniel Pote and Doug Seitz ================================================================================ PROCEEDINGS: Trial day # X JURY TRIAL 6 COURT TRIAL VOIR DIRE JURY SWORN Judge # 7031

Patricia Lyons/Liz Lemke Court Reporter/ECR Attorney(s) for Defendant(s) Henry Bunsow and Michael Rounds

8:30 a.m. Reconvene. Jury not present. Matters discussed. The following exhibits are stipulated to be "attorneys' eyes only": 17, 20, 27, 31, 52, 252, 259, 262, 263 and 313. 9:04 a.m. Jury present. Stephen Degnan examined further. Exhibits 170, 257-16 and 309 admitted. Witness excused. Terrence Eberle resumes the stand and examined further. Exhibit 6 admitted. 10:15 a.m. Recess. 10:34 a.m. Reconvene. Jury present. Terrence Eberle examined further. Exhibits 151 and 152 admitted. Frank Roush sworn and examined. Witness excused. Dft rests. At sidebar: Pla's motion for judgment as a matter of law argued. Pla's motion is denied in part and taken under advisement in part. Witness excused. Pla's rebuttal case: William Russell resumes the stand and examined further. 12:02 p.m. Recess. 1:00 p.m. Reconvene. Jury not present. Matters discussed. 1:08 p.m. Jury present. William Russell examined further. Witness excused. Dennis Foderberg resumes the stand and is examined further. Witness excused. 2:40 p.m. Recess. 2:49 p.m. Reconvene. Jury not present. Matters discussed. 2:55 p.m. Jury present. Exhibits 12 and 105 admitted. 3:00 p.m. Jury leaves the courtroom and court remains in session. Jury instructions discussed. 4:04 p.m. Recess.

Case 2:02-cv-02575-DGC

Document 195

Filed 09/08/2005

Page 1 of 2

4:15 p.m. 5:00 p.m.

Reconvene.

Jury not present.

Jury instructions discussed.

Court stands at recess until 9/9/05 at 8:30 a.m.

Case continued to: 9/9/05 for further trial. Court time: 7 hours

Case 2:02-cv-02575-DGC

Document 195

Filed 09/08/2005

Page 2 of 2