Watson et al v. Dillon Companies, Inc. et al

Filing 807

MINUTE ENTRY for Jury Trial (Day 10) held on 9/17/2012 proceedings held before Chief Judge Wiley Y. Daniel. Denying 802 Motion for Directed Verdict. Denying Defendants' oral motion for judgment as a matter of law. Court Reporter: Tammy Hoffschildt. (wydcd, rrk)

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

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

Robert R. Keech
Tammy Hoffschildt

Date: September 17, 2012

Civil Action No: 08-cv-00091-WYD-CBS

Counsel:

WAYNE WATSON and
MARY WATSON,

Kenneth B. McClain
Steven E. Crick
Andrew K. Smith
Scott A. Britton-Mehlisch
Scott B. Hall

Plaintiffs,
v.
DILLON COMPANIES, INC., et al.,

Brett M. Godfrey
Paul J. Rupprecht
Jason D. Melichar

Defendants.

COURTROOM MINUTES

TRIAL TO JURY (DAY 10)
9:18 a.m.

Court in Session - Jury not present
Court’s remarks regarding Plaintiffs’ Motion for Directed Verdict with Regard to
Defendants’ Affirmative Defense that Non-parties or Plaintiff Wayne Watson are
Also at Fault (ECF Doc. No. 802), filed September 17, 2012.
JURY INSTRUCTION CONFERENCE

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OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
OBJECTION BY DEFENDANTS - COURT WILL REMOVE.
OBJECTION BY PLAINTIFFS - COURT WILL REMOVE.
OBJECTION BY DEFENDANTS - COURT WILL MODIFY.
OBJECTION BY PLAINTIFFS - OVERRULED.
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Plaintiffs’ Motion for Directed Verdict with Regard to Defendants’ Affirmative
Defense that Non-parties or Plaintiff Wayne Watson are Also at Fault (ECF Doc.
No. 802), filed September 17, 2012, is raised for argument.
9:43 a.m.

Argument by Plaintiffs (Mr. Hall).

9:44 a.m.

Argument by Defendants (Mr. Godfrey).

9:46 a.m.

Argument by Plaintiffs (Mr. Hall).

9:50 a.m.

Argument by Defendants (Mr. Godfrey).

9:51 a.m.

Argument by Plaintiffs (Mr. Hall).

9:54 a.m.

Argument by Defendants (Mr. Godfrey).

10:05 a.m.

Argument by Plaintiffs (Mr. Hall).

10:09 a.m.

Argument by Plaintiffs (Mr. McClain).

10:10 a.m.

Argument by Defendants (Mr. Godfrey).

10:11 a.m.

Argument by Plaintiffs (Mr. Hall).

10:18 a.m.

Argument by Defendants (Mr. Godfrey).

ORDERED:

Plaintiffs’ Motion for Directed Verdict with Regard to Defendants’ Affirmative
Defense that Non-parties or Plaintiff Wayne Watson are Also at Fault (ECF Doc.
No. 802), filed September 17, 2012, is DENIED.
Defendants’ oral motion for judgment as a matter of law.

10:22 a.m.

Argument by Defendants (Mr. Godfrey).

10:27 a.m.

Argument by Plaintiffs (Mr. Hall).

ORDERED:

Defendants’ oral motion for judgment as a matter of law is DENIED.

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OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
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OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
OBJECTION BY PLAINTIFFS - COURT WILL REMOVE.
OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - OVERRULED.
OBJECTION BY PLAINTIFFS - COURT WILL MODIFY.
OBJECTION BY PLAINTIFFS - OVERRULED.

Verdict Form OBJECTION BY PLAINTIFFS - DEFERRED.
11:13 a.m.

Court in Recess

12:01 p.m.

Court in Session - Jury not present
Further discussion regarding jury instructions and verdict form.

12:17 p.m.

Jury enters

12:18 p.m.

Plaintiffs have not rebuttal case-in-chief.
Court reads jury instructions and verdict form.

1:23 p.m.

No objection to jury instructions and verdict form as read by the Court.

1:25 p.m.

Jury excused for lunch.
Discussion regarding issues related jury instruction 51 and verdict form.

1:37 p.m.

Court in Recess

2:53 p.m.

Court in Session - Jury not present
Discussion regarding verdict form and time limits for closing arguments.

ORDERED:

Closing arguments shall not exceed one (1) hour per side.
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3:11 p.m.

Jury enters

3:12 p.m.

Closing argument by Plaintiffs (Mr. McClain).

4:05 p.m.

Closing argument by Defendants (Mr. Godfrey).

5:01 p.m.

Rebuttal argument by Plaintiffs (Mr. McClain).
Court outlines verdict form.

5:13 p.m.

Jury excused for the evening and shall report back on Tuesday, September 18,
2012, at 9:00 a.m.
Court’s remarks to counsel regarding exhibits and providing contact phone
numbers.

5:14 p.m.

Court in Recess - TRIAL CONTINUED.

TOTAL TIME: 5:52

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