Niemeyer v. Ford Motor Company et al

Filing 211

MINUTES OF PROCEEDINGS - Jury Trial Day 8 held on 11/7/2012 before Judge James C. Mahan. Crtrm Administrator: David Oakes; Pla Counsel: Daniel Ryan, Bradley Kuhlman; Def Counsel: Daniel Rodman, Jay Schuttert, Joshua Cools; Court Reporter/FTR #: Joy Garner; Time of Hearing: 9:00 a.m.; Courtroom: 6A; denying 205 Motion for Judgment.; ( Deadline to return exhibits set for 8/30/2013.) (Copies have been distributed pursuant to the NEF - DXO)

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THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA **** KATHRYN NIEMEYER, Plaintiff, 2:09-cv-2091-JCM-PAL vs. MINUTES OF THE COURT FORD MOTOR COMPANY, Defendant. DATED: November 7, 2012 THE HONORABLE JAMES C. MAHAN DEPUTY CLERK DAVID OAKES UNITED STATES DISTRICT JUDGE COURT REPORTER JOY GARNER COUNSEL FOR PLAINTIFF: Bradley Kuhlman, Daniel Ryan COUNSEL FOR DEFENDANT: Daniel Rodman, Jay Schuttert, Joshua Cools MINUTES OF PROCEEDINGS: Jury Trial Day Eight The Court convened at 9:10 a.m., outside the presence of the jury to discuss jury instructions. Court reconvened at 9:25 a.m., in the presence of the jury. Parties stipulated to their presence. ELIZABETH RAPHAEL, M.D., is called to the stand, sworn and testified on direct examination by Mr. Rodman, defendants’ exhibits #830, 831 are marked and adm itted into evidence. Court recessed at 10:25 a.m. Jury was admonished and excused. Court reconvened at 10:45 a.m. Parties stipulated to their presence. ELIZABETH RAPHAEL, M.D., having previously been sworn, resumed the stand and testified further on direct examination by Mr. Rodman, cross examination by Mr. Kuhlman, defendants’ exhibits #653 -1 through 7 are m arked and adm itted into evidence, re-direct examination by Mr. Rodman, re-cross examination by Mr. Kuhlman, then is excused. DEFENDANTS RESTS: Plaintiffs’ published to the jury exhibits #314 and #315. Court recessed for lunch at 11:50 a.m. Jury was admonished and excused. Court reconvened at 1:40 p.m., outside the presence of the jury. Kathryn Niemeyer vs. Ford Motor Company 2:09-cv-2091-JCM-PAL Jury Trial Day (8) Page 2 Court denied defendants’ rule 50(a) motion for judgment as a matter of law without prejudice. Court recessed at 1:45 p.m. Court reconvened at 1:50 p.m., outside the presence of the jury to finalize jury instructions. Both parties stipulated to the jury instructions and verdict form that will be given in open court. Court recessed at 1:55 p.m. Court reconvened at 2:00 p.m., in the presence of the jury. Parties stipulated to their presence. Jury instructions are read to the jurors. Closing arguments are made by Mr. Kuhlman on behalf of the plaintiff from 2:20 p.m., to 2:50 p.m. Closing arguments are made by Mr. Rodman on behalf of the defendant from 2:55 p.m., to 3:25 p.m. Rebuttal arguments are made by Mr. Kuhlman on behalf of the plaintiff from 3:30 p.m, to 3:40 p.m. Clerk was directed to administer the oath to the bailiff. Jury was sent to deliberate at 3:50 p.m. Jury notified the court that it had reached a verdict. Court reconvened at 4:40 p.m., in the presence of the jury. Parties stipulated to their presence. The court directed the clerk to read the verdict in open court. (See verdict form). The court directed defendants’ counsel to file a judgment within 10 days from today’s date. Court adjourned at 4:45 p.m. LANCE S. WILSON, CLERK U.S. DISTRICT COURT BY: /S/ David Oakes, Deputy Clerk

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