Estate of Tyler S. Rushing et al v. AG Private Protection, Inc. et al

Filing 166

MINUTES for proceedings held before District Judge Dale A. Drozd: JURY TRIAL DAY 4 held on 10/11/2024. Outside the presence of the jury. Court discussed defense 161 Rule 50(a) motion and opposition. Motion submitted. After hearing, for reasons stat ed in open court, defense 161 Motion for Judgment Denied as stated on the record. Pltfs' objected to defense calling Officer Sanchez as stated on the record. Defense addressed the court as to pltfs' objection. Court addressed counsel as stated on the record. Court ruled Officer Sanchez may testify but with limited testimony as stated on the record. Defense informed the court Officer Sanchez will not be called. Pltf requested Mr. Chapman's testimony be limited to the claims tha t are still at issue in the case. Clarence Champman sworn and testified on direct, cross, redirect, re-cross. Court instructed jury as to deposition testimony. Defense called David M. Posey. Excerpts of deposition transcript read. Cross examination. Court admonished jury. Jury Trial Continued to 10/15/2024 at 12:30 PM in Courtroom 4 (DAD) before District Judge Dale A. Drozd. Outside the presence of the jury. Court in session. Defense to call witness Parris Ward and Thomas Resk on Tuesday. Pltf objected to witness Parris Ward as stated on the record. Defense addressed Pltf objection as stated on the record. Court held informal discussion in chambers with counsel regarding proposed jury instructions. Plaintiffs Counsel Mark Merin, Paul Masuhara, Robert Chalfant present. Defendants Counsel Sharon Medellin, Roger Colvin, Christy Garcia present. Court Reporter/CD Number: Abigail Torres. (Buzo, P)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
THE HONORABLE DALE A. DROZD

ESTATE OF TYLER S. RUSHING,     

Plaintiff,  

v.  

AG PRIVATE PROTECTION, INC.   

Defendant*.      

__________________________________/ 

             CASE No.  2:18‐cv‐01692‐DAD‐AC 

MINUTES     

Date:  October 11, 2024 
Deputy Clerk: P. Buzo 
CRT RPTR:  Abigail Torres 

Counsel for Plaintiff: Mark Merin, Paul Masuhara, Robert Chalfant
Counsel for Defendant: Sharon Medellin, Roger Colvin, Christy Garcia
JURY TRIAL – DAY 4

9:10 am

9:34 am
10:20 am
10:23 am
10:25 am

11:25 am
11:38 am
11:44 am
12:10 pm
12:20 pm
12:22 pm
12:23 pm

Court in session. Outside the presence of the jury. Court discussed defense Rule
50(a) motion and opposition. Motion submitted. After hearing, for reasons stated
in open court, defense motion denied as stated on the record. Mr. Merin
informed court that pltfs’ are not present as stated on the record. Pltfs’ objected
to defense calling Officer Sanchez as stated on the record. Defense addressed
the court as to pltfs’ objection. Court addressed counsel as stated on the record.
Court ruled Officer Sanchez may testify but with limited testimony as stated on
the record.
Break
Cour back in session. Outside the presence of the jury. Defense informed the
court Officer will not be called. Pltf requested Mr. Chapman’s testimony be
limited to the claims that are still at issue in the case.
Back in the presence of the jury.
Defense called Clarence Chapman, sworn and testified. Defense moved to
designate witness as expert in police practices, procedure, to use of force. After
discussion, Court designated witness as expert in police practices, procedure
with respect to use of force. Pltf Exhibit 15.
Morning recess.
Back in the presence of the jury. Resume direct.
Cross examination. Pltf Exhibit 22, 23.
Redirect. Defense O, photo still Rushing holding pen. Defense moved to admit
exhibit, with pltf objection.
Re-cross examination.
Re-redirect.
Witness excused.

2:18‐cv‐01692‐DAD‐AC, Estate of Tyler S. Rushing v. AG Private Protection, Inc.   
Minutes ‐ Page 2 

12:25 pm
1:47 pm
1:48
1:55
2:15
2:20

pm
pm
pm
pm

4:30 pm

Lunch recess.
Court back in session. In the presence of the jury. Court instructed jury as to
deposition testimony.
Defense called David M. Posey. Excerpts of deposition transcript read.
Cross examination. Excerpts of deposition transcript read.
Court admonished jury. Jury trial Continued to 10/15/24 at 12:30 PM.
Outside the presence of the jury. Court in session. Defense to call witness
Parris Ward and Thomas Resk on Tuesday. Pltf objected to witness Parris Ward
as stated on the record. Defense addressed Pltf objection as stated on the
record.
Court held informal discussion with counsel regarding proposed jury
instructions. Trial to resume 10/15/24.

TIME IN COURT: 6.00 hours