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

Filing 303

Minute Entry for proceedings held before Chief Judge Wiley Y. Daniel: denying as moot 302 Motion for Trial; Denying Plaintiff's oral motion for judgment as a matter of law; Denying Defendant's oral motion for judgment as a matter of law; Jury Trial (Day 5) held on 11/16/2009. (Court Reporter Therese Lindblom.) (Attachments: # 1 Final Jury Instructions) (wydcd, rrk)

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 16, 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 5) 8:41 a.m. Court in Session - Jury not present Discussion regarding juror 100163028 requesting to be excused due to a death in the family. Defendant's Motion to Limit Cross-Examination [doc. #302], filed November 16, 2009, is raised for argument. 8:42 a.m. 8:44 a.m. 8:45 a.m. Argument by Defendant (Ms. Tsai). Jury enters Juror 100163028 is excused.

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8:46 a.m.

Defendant's witness Chad Root sworn. Direct examination by Defendant (Mr. Dawes). EX ID: Joint Exhibit 41, A34, A35

Exhibit/s A34 RECEIVED. 9:01 a.m. Cross examination by Plaintiff (Mr. ). EX ID: 235, 201, 172 Defendant's witness Justin Paugh sworn. Direct examination by Defendant (Ms. Tsai). EX ID: Joint Exhibit 2 9:27 a.m. 9:34 a.m. 9:36 a.m. Cross examination by Plaintiff (Mr. Fosnaught). Re-Direct examination by Defendant (Ms. Tsai). Defendant's witness Mark Steven Hester sworn. Direct examination by Defendant (Ms. Tsai). 9:40 a.m. 9:42 a.m. Cross examination by Plaintiff (Mr. Fosnaught). Defendant's witness Tyler Josifek sworn. Direct examination by Defendant (Ms. Tsai). EX ID: Joint Exhibit 2 9:55 a.m. Cross examination by Plaintiff (Mr. Fosnaught). EX ID: Joint Exhibit 2, A64 Re-Direct examination by Defendant (Ms. Tsai). EX ID: 2, A64 Defendant's witness Ronald C. Sloan sworn. Direct examination by Defendant (Ms. Tsai). EX ID: A70 Witness tendered and accepted as an expert. 10:40 a.m. Court in Recess -2-

9:20 a.m.

10:07 a.m.

10:11 a.m.

11:04 a.m. 11:05 a.m.

Court in Session - Jury enters Defendant's witness Ronald C. Sloan resumes. Cross examination by Plaintiff (Mr. Karp). EX ID: A64, deposition of Justin Paugh (10/26/07) for purposes of refreshing recollection, Joint Exhibit 41

11:38 a.m.

Defendant's witness Tracy Wardell sworn. Direct examination by Defendant (Mr. Dawes). EX ID: Joint Exhibit 8, Joint Exhibit 10

11:45 a.m.

Cross examination by Plaintiff (Mr. Fosnaught). EX ID: Joint Exhibit 10, Joint Exhibit 8, Joint Exhibit 21, A64, A63 Defendant's witness Joe Cassa sworn. Direct examination by Defendant (Mr. Dawes). EX ID: A54, A50

11:54 a.m.

Exhibit/s A54, A50 RECEIVED. 12:12 p.m. Cross examination by Plaintiff (Mr. Fosnaught). EX ID: A64, 201, 202

Exhibit/s 202 (p. 8 only) RECEIVED. 12:25 p.m. 12:26 p.m. Re-Direct examination by Defendant (Mr. Dawes). Defendant's witness Daniel Brennan sworn. Direct examination by Defendant (Ms. Tsai). EX ID: 164, 238, 164 Exhibit/s 238 RECEIVED. 12:49 p.m. Court in Recess

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12:57 p.m. 12:58 p.m.

Court in Session - Jury enters Defendant's witness Daniel Brennan resumes. Direct examination by Defendant continues (Ms. Tsai). EX ID: 36, 2

1:18 p.m.

Cross examination by Plaintiff (Mr. Fosnaught). EX ID: 2, 164, A48

Exhibit/s A48 RECEIVED. 1:33 p.m. Re-Direct examination by Defendant (Ms. Tsai). EX ID: A48 Defendant rests Plaintiff has no rebuttal evidence. Jury excused

1:33 p.m. 1:34 p.m. 1:35 p.m.

JURY INSTRUCTION CONFERENCE #7 #12 #15 #18 1:45 p.m. ORDERED: 1:45 p.m. 3:05 p.m. Objection by Defendant - OVERRULED. Objection by Defendant - COURT WILL MODIFY Objection by Defendant - COURT WILL REMOVE #15. Objection by Defendant - DEFERRED. Discussion regarding time limits for closing arguments. Closing arguments shall not exceed thirty (30) per side. Court in Recess Court in Session - Jury not present

JURY INSTRUCTION CONFERENCE #18 Objection by Defendant - COURT WILL MODIFY - NO OBJECTION. Plaintiff's oral motion for judgment as a matter of law. 3:14 p.m. Argument by Plaintiff (Mr. Karp).

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ORDERED:

Plaintiff's oral motion for judgment as a matter of law is DENIED. Defendant's oral motion for judgment as a matter of law.

3:15 p.m. ORDERED: #26

Argument by Defendant (Ms. Tsai). Defendant's oral motion for judgment as a matter of law is DENIED. Objection by Plaintiff - COURT WILL MODIFY - NO OBJECTION.

Defendant's Special Interrogatory is REFUSED. Verdict Form Objection by Defendant - OVERRULED. ORDERED: Defendant's Motion to Limit Cross-Examination [doc. #302], filed November 16, 2009, is DENIED AS MOOT. Jury enters Court reads stipulated facts, jury instructions, and verdict form. 3:51 p.m. 3:52 p.m. 4:09 p.m. 4:11 p.m. 4:37 p.m. 5:08 p.m. 5:11 p.m. Bench conference regarding jury instruction 17. Court continues reading jury instructions and verdict form. No objection to jury instructions and verdict form as read by the Court. Closing argument by Plaintiff (Mr. Karp). Closing argument by Defendant (Mr. Dawes). Rebuttal argument by Plaintiff (Mr. Karp). CSO sworn Court's remarks to jurors regarding protocol for jury deliberations. 5:13 p.m. Jury excused for the evening and shall commence deliberations on Tuesday, November 17, 2009, at 9:00 a.m.

3:35 p.m.

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Court's remarks to counsel regarding availability. 5:14 p.m. Court in Recess - HEARING CONTINUED

TOTAL TIME: 6:41

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