McCammond v. Schwan's Home Service, Inc.

Filing 101

MINUTE ENTRY for Jury Trial - Day One held before Judge William J. Martinez on August 22, 2011: ORDERED: Defendant's Unopposed Motion for Leave to Submit Amended Joint Exhibit List 100 is DENIED. Trial continued. (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: August 22, 2011
Court Reporter:
Gwen Daniel
_____________________________________________________________________
Civil Case No. 09-cv-02895-WJM-MJW

Counsel:

MICHAEL McCAMMOND,

James C. Vaughters

Plaintiff,
v.
SCHWAN’S HOME SERVICE, INC.,

Alan L. Rupe

Defendant.
_____________________________________________________________________
COURTROOM MINUTES
_____________________________________________________________________
JURY TRIAL - Day One
08:09 a.m.

Court in Session

Appearances
Court’s comments
Discussion re preliminary matters
08:26 Court in Recess
08:44 Court in Session - Jury panel present
Court’s opening remarks to the jury panel
09:00 Jury sworn voir dire. Voir dire commences.
09:52 Voir dire (by the Court)
09:53 Voir dire (by Mr. Vaughters)
1

10:05 Voir dire (by Mr. Rupe)
10:24 - 10:26

Bench conference - ORDERED: The parties' challenges for cause
are overruled.

10:26 Court in Recess
10:41 Court in Session - jury panel present
10:41 Voir dire continued
CHALLENGES FOR PLAINTIFF:
1. 100227606
2. 100204024
3. 100216193
CHALLENGES FOR DEFENDANT:
1. 00237478
2. 100208826
3. 100226100

.

10:47 Voir dire completed
10:49 JURY SWORN TO TRY:
1) 100215283
2) 100225573
3) 100230525
4) 100227602
5) 100226635
6) 100205207
7) 100214967
8) 100206080
10:50 Court’s preliminary instructions to the jury
11:12 Opening Statement (by Mr. Vaughters)
11:26 Opening Statement (by Mr. Rupe)
PLAINTIFF’S WITNESS MICHAEL McCAMMOND
11:43 Direct (by Mr. Vaughters)
11:55 Court in Recess
01:10 Court in Session - without jury
Court’s comments
2

ORDERED: Defendant’s Unopposed Motion for Leave to Submit Amended Joint
Exhibit List [100] is DENIED.
01:14 Jury present
Exhibits identified, offered and received: 1, 11,
12; 13 through 32.
Exhibits identified, offered and received,
objections overruled: 2, 3, 4, 5, 6, 7, 8, 9.
Plaintiff withdraws Exhibit Nos. 28, 30, 31, 32. No objection by Defendant.
Exhibits withdrawn: 28, 30, 31, 32.
Exhibits identified, offered and received,
objections overruled: 33, 34, 35, 36, 37
02:57 Court in Recess
03:11 Court in Session
03:13 Jury present
PLAINTIFF’S WITNESS MICHAEL McCAMMOND
03:13 Direct continued (by Mr. Vaughters)
Exhibits identified, offered and received,
objections overruled: 38, 39, 40, 41
Exhibits referred: 42, 43, 44, 45, 46
Exhibit identified, offered and received: 47
PLAINTIFF’S WITNESS MICHAEL McCAMMOND
04:25 Cross (by Mr. Rupe)
Exhibit identified, offered and received: Q, O, L, M, 43
Exhibit identified, offered and rejected,
objection sustained: Z
05:07 Jury excused
Court’s comments
3

Discussion re exhibits
Mr. Rupe’s proffer re Exhibit Z
Mr. Vaughter’s response
05:15 p.m.

Court in Recess
Trial continued
Time: 7/19

4