Ridgell-Boltz v. Astrue et al

Filing 125

Courtroom Minutes for Jury Trial Day Three held on 6/27/2012 before Judge Richard P. Matsch. ORDERED: Defendants' Motion for Admission of Defendants' Exhibit S 123 is granted and Exhibit S is received. FTR: K. Terasaki. (rpmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Date:
June 27, 2012
Courtroom Deputy:
J. Chris Smith
FTR Technician:
Kathy Terasaki
____________________________________________________________________________________
Civil Action No. 10-cv-00252-RPM
LAURA RIDGELL-BOLTZ,

Marisa L. Williams
Rhonda L. Rhodes

Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of the United States Social Security Administration, and
THE SOCIAL SECURITY ADMINISTRATION,

Giel Stein
Andrew F. Maunz

Defendants.
____________________________________________________________________________________
COURTROOM MINUTES
____________________________________________________________________________________
Trial to Jury Day Three
9:15 a.m.

Court in session.

Plaintiff present.
Court’s statements regarding defendants’ Motion for Admission of Defendants’ Exhibit S [123].
Objection and argument by Ms. Williams [123].
ORDERED:

Defendants’ Motion for Admission of Defendants’ Exhibit S [123] is granted and
Exhibit S is received.

9:18 a.m.
9:22 a.m.

Court in recess.
Court in session.

Jurors present.
9:03 a.m.

Continued cross examination of Ms. Abbott by Mr. Maunz.

Reference to Defendants’ Exhibit S.
Defendants’ Exhibit A-5 identified, offered and received.

June 27, 2012
10-cv-00252-RPM
9:53 a.m.

Redirect examination of Ms. Abbott by Ms. Rhodes.

Reference to Defendants’ Exhibit A-5.
10:06 a.m.

Plaintiff’s witness, Mark Henningsen, sworn.

Direct examination of Mr. Henningsen by Ms. Williams.
Discussion between Court and counsel regarding Mr. Henningsen’s records (file).
Court instructs jurors.
Jurors excused.
10:12 a.m.
10:27 a.m.

Court in recess.
Court in session.

Argument by Mr. Stein regarding Mr. Henningsen’s records (file).
Argument by Ms. Williams.
Court questions Mr. Henningson.
ORDERED:

The scope of Mr. Henningsen’s examination will be limited as stated on record.

Jurors present.
10:33 a.m.

Continued direct examination of Mr. Henningsen by Ms. Williams

Reference to Plaintiff’s Exhibit 17.
10:45 a.m.

Cross examination of Mr. Henningsen by Mr. Stein.

10:58 a.m.

Plaintiff’s witness, Suzanne Benz, sworn.

Direct examination of Mr. Benz by Ms. Williams.
Plaintiff’s Exhibit 14 identified, offered, stipulated and received.
Plaintiff’s Exhibit 23 identified, offered and received.
Reference to Plaintiff’s Exhibit 16.
Plaintiff’s Exhibit 21 identified, offered and received.
11:17 a.m.

Cross examination of Ms. Benz by Mr. Stein.

11:24 a.m.

Redirect examination of Ms. Benz by Ms. Williams.

2

June 27, 2012
10-cv-00252-RPM
11:25 a.m.

Recross examination of Ms. Benz by Mr. Stein.

11:28 a.m.

Plaintiff’s witness, Deanna Ertl-Lombardi, sworn.

Direct examination of Ms. Ertl-Lombardi by Ms. Williams.
Reference to Plaintiff’s Exhibits 1and 2.
Court instructs jurors.
Jurors excused.
Defendants’ objection and argument by Mr. Stein to the permissible scope of Mr. Henningsen’s
testimony.
Court’s ruling as stated on record.
11:45 a.m.
1:05 p.m.

Court in recess.
Court in session.

Jurors present.
1:08 p.m.

Plaintiff’s witness, Rachel Sutton, Ph.D., sworn.

Direct examination of Ms. Sutton by Ms. Williams.
1:30 p.m.

Cross examination of Ms. Sutton by Mr. Stein.

1:48 p.m.

Continued direct examination of Ms. Ertl-Lombardi by Ms. Williams.

Mr. Stein states defendants reserve the right to call and examine Ms. Ertl-Lombard in its case.
2:04 p.m.

Plaintiff’s witness, Yvette Keesee, sworn.

Direct examination of Ms. Keesee by Ms. Williams.
2:30 p.m.

Examination of Ms. Keesee by Mr. Stein regarding exhibits.

Defendants’ Exhibits D, E, Y and Z identified and offered.
Ms. Williams voir dire Ms. Keesee regarding Exhibits D, E, Y and Z.
Court states foundation testimony from Ms. Keesee regarding Exhibits D, E, Y and Z is taken.
Mr. Stein states defendants reserve the right to call and examine Ms. Keesee in its case.
Court instructs jurors.
Jurors excused.

3

June 27, 2012
10-cv-00252-RPM
2:40 p.m.
2:57 p.m.

Court in recess.
Court in session.

Jurors present.
2:59 p.m.

Plaintiff’s witness, Doreen Lee, sworn.

Direct examination of Ms. Lee by Ms. Williams.
.
Plaintiff’s Exhibits 4 and 5 identified, stipulated, offered and received.
Reference to Defendants’ Exhibits D and E.
3:54 p.m.

Cross examination of Ms. Lee by Mr. Stein.

Reference to Defendants’ Exhibits T and S, D and Y.
Defendants’ Exhibits Y and Z identified, offered and received.
Court instructs jurors.
Jurors excused until 9:00 a.m., June 28, 2012
Discussion regarding Defendants’ Exhibits and scheduling.
Defendants’ Exhibits D and E received.
4:40 p.m.

Court in recess.

Trial continued. Total time: 6 hrs. 05 min.

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