Stone v. Wheat Ridge, Colorado, City of et al

Filing 297

Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: Granting 295 Motion for Leave for Witness Cindy Hagerman to Testify Out of Order; Jury Trial (Day 1) held on 11/9/2009. (Court Reporter Therese Lindblom.) (Attachments: # 1 Jury Strike Sheet) (wydcd, rrk) (Modified on 11/12/2009 to edit to day ONE of Trial)(erv2, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE WILEY Y. DANIEL

Courtroom Deputy: E.C.R./Reporter:

Robert R. Keech Therese Lindblom

Date: November 9, 2009

Civil Action No: 07-cv-00004-WYD-KLM STONE INTERNATIONAL MARKET, INC., Plaintiff, v. CITY OF WHEAT RIDGE, COLORADO, Defendant.

Counsel: Sander N. Karp James F. Fosnaught

Steven J. Dawes Sophia H. Tsai

COURTROOM MINUTES

TRIAL TO JURY (DAY 1) 8:58 a.m. Court in Session APPEARANCES OF COUNSEL. Court's opening remarks. ORDERED: Defendant's Motion for Leave for Witness Cindy Hagerman to Testify Out of Order [doc. #295], filed November 3, 2009, is DEFERRED. Discussion regarding jury instructions and Plaintiff's exhibits 182, 208, and 215 which have been withdrawn. Discussion regarding request by Plaintiff that the Court take judicial notice and order of witnesses. Court in Recess

9:00 a.m.

9:03 a.m.

9:10 a.m.

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9:24 a.m.

Court in Recess - Jury present Court's opening remarks to prospective jurors.

9:25 a.m. 9:35 a.m. 11:24 a.m. 11:42 a.m. 11:43 a.m. 12:05 p.m.

Voir dire oath given. Voir dire by Court commences. Court in Recess Court in Session - Jury present Voir dire by Plaintiff (Mr. Fosnaught). Voir dire by Defendant (Mr. Dawes).

Challenges for Cause: N/A Challenges by Plaintiff: 1) 2) 3) 100194113 100162656 100183566

Challenges by Defendant: 1) 2) 3) 100198512 100180377 100167428 Jury sworn to try: 2) 4) 6) 8) 10) 100190207 100192816 100188540 100163996 100163028

12:29 pm 1) 3) 5) 7) 9)

100175089 100185496 100183554 100168741 100168022

12:30 pm 12:31 pm

Court reads preliminary jury instructions and gives some basic guidelines. Court in Recess

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1:45 p.m. 1:54 p.m. 2:05 p.m. 2:36 p.m. 2:48 p.m. 2:49 p.m.

Court in Session - Jury enters Court reads further preliminary jury instructions. Opening statement by Plaintiff (Mr. Fosnaught). Opening statement by Defendant (Ms. Tsai). Interpreter Marcela Salazar sworn (Spanish) Plaintiffs' witness Joel Pena-Hernandez sworn. Direct examination by Plaintiffs (Mr. Karp). EX ID: 232

3:21 p.m. 3:44 p.m. 3:46 p.m.

Court in Recess Court in Session - Jury enters Plaintiffs' witness Joel Pena-Hernandez resumes. Direct examination by Plaintiffs continues (Mr. Karp). EX ID: 236

3:56 p.m.

Jury excused Direct examination by Plaintiffs continues (Mr. Karp).

4:04 p.m.

Court's examination of witness. Objection by Defendant is SUSTAINED.

4:12 p.m.

Jury enters Direct examination by Plaintiffs continues (Mr. Karp).

4:51 p.m. 4:52 p.m.

Jury excused for the evening. Discussion regarding schedule of witnesses for tomorrow. Defendant's Motion for Leave for Witness Cindy Hagerman to Testify Out of Order [doc. #295], filed November 3, 2009, is raised for argument.

4:56 p.m.

Argument by Defendant (Mr. Dawes). -3-

4:57 p.m. ORDERED:

Argument by Plaintiff (Mr. Karp). Defendants' Motion for Leave for Witness Cindy Hagerman to Testify Out of Order [doc. #295], filed November 3, 2009, is GRANTED. Discussion regarding order of witnesses. Discussion and argument regarding objections by Defendant to testimony of witness Joel Pena Hernandez - DEFERRED. Court in Recess - HEARING CONTINUED

4:59 p.m. 5:01 p.m.

5:13 p.m.

TOTAL TIME: 5:34

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