Barone v. United Air Lines

Filing 148

Minute Entry. Jury Trial - Day One - held before Judge Lewis T. Babcock on 12/6/2010. ORDERED:Plaintiffs Motion to Re-List One Trial Witness, And For Expedited Ruling Thereon 146 is DENIED with the proviso, if truly rebuttal, some rebuttal testimony may be presented.(Court Reporter: Gwen Daniel) (ltbcd, ) Trial continued.

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-KMT Barone v. United Air Lines Doc. 148 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO JUDGE LEWIS T. BABCOCK _____________________________________________________________________ Date: December 6, 2010 Courtroom Deputy: Deborah Hansen Court Reporter: Gwen Daniel _____________________________________________________________________ Civil Case No. 07-cv-01277-LTB-KMT MARY BARONE, Plaintiff, v. UNITED AIR LINES, Maureen Witt Mark Wiletsky Counsel: John Olsen Diane Brown Defendant. _____________________________________________________________________ COURTROOM MINUTES _____________________________________________________________________ JURY TRIAL - DAY ONE 08:55 a.m. Appearances Court's comments The Plaintiff filed a motion, Plaintiff's Motion to Re-List One Trial Witness, And For Expedited Ruling Thereon (Doc No. 146). Argument (by Mr. Olsen) Argument (by Mr. Wiletsky) ORDERED: Plaintiff's Motion to Re-List One Trial Witness, And For Expedited Ruling Thereon (Doc No. 146) is DENIED with the proviso, if truly rebuttal, some rebuttal testimony may be presented. Court in Session 1 Dockets.Justia.com 09:00 Court in Recess 09:15 Court in Session 09:17 jury panel present Court's opening remarks to the jury panel 09:20 Jury sworn voir dire 09:20 Voir dire commences 10:30 Bench conference - no challenges for cause Plaintiff's challenges: 100189020, 100200390, 100185117 Defendant's challenges: 100188548, 100182497, 100187207 10:36 Voir dire completed 10:39 Jury sworn to try the case: 1) 100167710 2) 100184384 3) 100187207 4) 100166946 5) 100188548 6) 100167256 7) 100184402 8) 100194197 9) 100192437 10:40 Court in Recess 11:00 Court in Session - without jury Discussion concerning opening statements 11:04 Jury present 11:04 Court's preliminary instructions to the jury 11:29 Bench conference - Mr. Olsen requests Rule 615 ORDERED: Rule 615 shall be invoked. 2 11:30 Court in Recess 12:35 Court in Session - without jury Ms. Witt's comments Ms. Witt requests clarification, that the stipulated exhibits are actually in evidence right now -- so they do not have to move their admission. The Court responds that that is correct. Mr. Olsen's comments - there is an issue with that. Counsel changed the exhibits over the weekend to remove portions of them; and the plaintiff never stipulated to those exhibits with those changes in it. Further comments by Mr. Olsen Court's comments The Court asks Ms. Witt if they changed the exhibits that were subject to the prior stipulations. Ms. Witt's comments - they redacted the portions that related to Mr. Mortimer pursuant to the Court's order. They did that completely consistent with the Court's order, very conservatively, and turned them over to Mr. Olsen so Mr. Olsen could tell them if he had any concerns before right now. All they did was take out any references to Mr. Mortimer that related to the comments that were excluded or related to his discriminatory animus. There are other comments about Mr. Mortimer that are still in there. She thinks the ones they redacted are Exhibits A-13 and A-18. Further comments by Ms. Witt Court's further comments At the next recess counsel should address Exhibits A-13 and A-18. 12:36 Jury present 12:36 Opening Statement (by Mr. Olsen) 01:11 Opening Statement (by Ms. Witt) 02:05 Court in Recess 02:20 Court in Session - jury present 3 PLAINTIFF'S FIRST WITNESS TODD SPRAGUE 02:20 Direct (by Mr. Olsen) Mr. Olsen moves to admit Exhibit No. A-18 Discussion re Exhibit No. A-18 02:28 Bench conference - Discussion concerning Exhibit No. A-18 and Exhibit No. 15 EXHIBITS IDENTIFIED, OFFERED AND RECEIVED: A-18, as redacted. EXHIBIT OFFERED AND REFUSED (objection sustained): 15 Exhibit referred: 16 03:45 Court in Recess 04:00 Court in Session - without jury 04:00 Jury Instruction Conference 04:45 p.m. Court in Recess Trial continued Time: 5/40 4

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