Eller v. Experian Information Solutions, Inc. et al

Filing 232

MINUTE ENTRY for Jury Trial - Day Two held before Judge William J. Martinez on October 10, 2012. ORDERED: Defendant Trans Union LLC's Motion to Seal 229 is GRANTED IN PART with respect to Defendant's Exhibit A90, which has been ma rked "confidential." It will be placed under seal and be subject to the Amended Protective Order 95 . With respect to the 15-plus other exhibits that have Mr. Eller's and/or Mr. Willard's Social Security number, defense counse l and Mr. Eller shall at the conclusion of the trial today, stay in the courtroom and together go through those exhibits with those Social Security numbers and redact the first five digits of all those Social Security numbers. Court Reporter: Gwen Daniel. (wjmcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge William J. Martínez
_____________________________________________________________________
Courtroom Deputy: Deborah Hansen
Date: October 10, 2012
Court Reporter:
Gwen Daniel
_____________________________________________________________________
Civil Action No. 09-cv-00040-WJM-KMT

Counsel:

GERALD HANSEN ELLER,

Pro Se

Plaintiff,
v.
Paul L. Myers
Benton Barton
Martin E. Thornthwaite
Defendant.
Daniel Halvorsen
_____________________________________________________________________
TRANS UNION LLC,

COURTROOM MINUTES
_____________________________________________________________________
JURY TRIAL - Day Two
08:11 a.m.

Court in Session

Also present: Assistant United States Attorney Jamie Mendelson on behalf of the
Department of Veterans Affairs
Court’s comments
ORDERED: Defendant Trans Union LLC’s Motion to Seal (ECF No. 229) is
GRANTED IN PART with respect to Defendant's Exhibit A90, which
has been marked "confidential." It will be placed under seal and be
subject to the Amended Protective Order (ECF No. 95).
With respect to the 15-plus other exhibits that have Mr. Eller's and/or
Mr. Willard's Social Security number, defense counsel and Mr. Eller
shall at the conclusion of the trial today, stay in the courtroom and
together go through those exhibits with those Social Security
numbers and redact the first five digits of all those Social Security
numbers.

09:03 Jury present
PLAINTIFF’S SECOND WITNESS MICHAEL KLEINMAN (taken out of order)
09:05 Direct (by Mr. Eller)
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
29 (objection overruled)
09:31 Cross (by Mr. Myers)
09:42 Redirect (by Mr. Eller)
PLAINTIFF’S FIRST WITNESS GERALD HANSENELLER
09:46 Cross (by Mr. Myers)
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
A8, A10, A11, A12
10:28 Court in Recess
10:48 Court in Session - without jury
Discussion re witnesses
10:52 Jury present
PLAINTIFF’S THIRD WITNESS MARION CHRISTINE THORNTON (taken out of order)
10:54 Direct (by Mr. Eller)
Assistant United States Attorney Jamie Mendelson addresses the Court.
10:57 - 10:59 Bench conference
11:00 Direct continued
11:06 Cross (by Mr. Thornthwaite)
PLAINTIFF’S FIRST WITNESS GERALD HANSEN ELLER
11:10 Cross continued (by Mr. Myers)
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
A74, A78, A81
11:35 - 11:36 Bench conference

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11:36 Cross continued
12:22 Court in Recess
01:49 Court in Session - without jury
01:49 Jury present
PLAINTIFF’S FIRST WITNESS GERALD HANSEN ELLER
01:50 Cross continued (by Mr. Myers)
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
A49

02:03 - 02:06 Bench conference
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
A5, A94, A95, A96
PLAINTIFF’S FIRST WITNESS GERALD HANSEN ELLER
02:50 Redirect examination by pro se plaintiff in narrative form
02:58 Court in Recess
03:22 Court in Session - without jury
Discussion
03:27 Jury present
PLAINTIFF’S THIRD WITNESS DR. ROBERT GOOS (by telephone)
03:29 Direct (by Mr. Eller)
03:45 Cross (by Mr. Myers)
Defendant offers Exhibit No. A69. Plaintiff withdraws his stipulation to the exhibit and
objects to its admission.
EXHIBITS IDENTIFIED, OFFERED AND REFUSED:
(objection sustained): A69
04:02 Redirect
PLAINTIFF’S FIRST WITNESS GERALD HANSEN ELLER
04:05 Redirect examination continued by pro se plaintiff in narrative form
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EXHIBITS IDENTIFIED, OFFERED AND REFUSED
(objection sustained): 35
As to exhibit 40 the objection is overruled as to all
pages of Exhibit 40 other than page Eller 907, the
objection is sustained as to that page only.
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
40, all pages except for Eller Supp. 907
EXHIBITS IDENTIFIED OFFERED AND REFUSED:
Exhibit No. 40, Eller Supp. 907
EXHIBITS IDENTIFIED OFFERED AND REFUSED:
59
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
Exhibit 37(objection overruled) Eller Supp. 40, 59, 937
EXHIBITS IDENTIFIED OFFERED AND REFUSED
(objection sustained) Exhibit 37, Eller Supp. 939
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED:
19
04:55 Jury excused
Court’s comments
04:58 p.m.

Court in Recess
Trial continued
Time: six hours and 36 minutes

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