Clark v. Thomas

Filing 169

MINUTES OF PROCEEDINGS - Jury Trial (Day 1) held on 7/8/2014 before Judge Jennifer A. Dorsey. Crtrm Administrator: D. Sherwood; Pla Counsel: Michael E. Clark, Pro Se; Def Counsel: Denise McKay, Andrea Barraclough; Court Reporte r/FTR #: Felicia Zabin; Time of Hearing: 9:00 a.m.-5:00 p.m.; Courtroom: 6D; Jury Selection. Witnesses: Scherrie Clinkscales, Corrections Officer Jerry Mason. Exhibits admitted. ORDERED 166 Plaintiff's Motion in Limine DENIED. Jury Trial continued to 7/9/2014 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (See Attached Minutes.) (Copies have been distributed pursuant to the NEF - DMS)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
MICHAEL E. CLARK,
Plaintiff(s),
vs.
JOHN THOMAS,
Defendant(s).

)
)
)
)
)
)
)
)
)

2:09-CV-2272-JAD-GWF
MINUTES OF THE COURT
DATED: July 8, 2014

PRESENT: HONORABLE JENNIFER A. DORSEY, UNITED STATES DISTRICT JUDGE
DEPUTY CLERK: Donna Sherwood

REPORTER: Felicia Zabin

COUNSEL FOR PLAINTIFF(S): Michael E. Clark, Pro Se
COUNSEL FOR DEFENDANT(S): Denise McKay, Andrea Barraclough
PROCEEDINGS: JURY TRIAL (Day 1)
9:00 a.m. Court convenes.
The Court and parties confer on various pre-trial issues.
9:25 a.m. Court reconvenes in the presence
prospective jurors. All parties are present.

of

thirty-six

The prospective jurors are sworn.
The Court makes introductory remarks and voir dire commences.
10:40 a.m. Prospective jurors admonished and excused.
10:50 a.m. Court reconvenes outside the presence of the prospective
jurors. All parties are present.
The Court advises the parties the Court will excuse the juror who
had the outburst before the break and then bring the rest of the
jurors back into the courtroom.
Ms. Mckay discloses Mr. Thomas works for a security firm, but not
the same one Mr. McEwen owns.
The Court will have a sidebar with Mr. McEwen to make sure it is
not a related company.

2:09-CV-2272-JAD-GWF
7/8/2014
Page 2
10:55 a.m. Court reconvenes in the presence of the prospective
jurors. All parties are present.
On inquiry by the Court, none of the prospective jurors indicate
they were influenced by the juror who had an outburst before the
break.
Voir dire commences.
11:10 a.m. The parties exercise peremptory challenges.
Unselected jurors are excused.
Selected jury is sworn.
The Court instructs the jury on the order of trial proceedings.
11:30 a.m. Jury admonished and excused to return at 1:00 p.m.
1:00 p.m. Court reconvenes outside the presence of the jury.
parties are present.

All

Defense counsel have a few questions for the Court relating to
exhibits.
The Court advises Mr. Clark his Motion in Limine [166] is beyond
the thirty day deadline for the filing of motions in limine. IT IS
THEREFORE ORDERED [166] Plaintiff’s Motion in Limine is DENIED.
The Court questions Mr. Clark as to some of the statements
contained in this motion such as that the Court is “bullying” him.
1:16 p.m. Court reconvenes in the presence of the jury.
parties are present.

All

Opening statements are presented by Mr. Clark on his own behalf and
Ms. McKay on behalf of the defendant.
SCHERRIE CLINKSCALES, called on behalf of the Plaintiff, is sworn
and testifies on direct examination by Mr. Clark, cross examination
by Ms. McKay and redirect examination by Mr. Clark, then is
excused.
Defendant’s Exhibit 519 is marked and admitted in
evidence.

2:09-CV-2272-JAD-GWF
7/8/2014
Page 3

CORRECTIONS OFFICER JERRY MASON, called on behalf of the Plaintiff,
is sworn and testifies on direct examination by Mr. Clark and cross
examination by Ms. Barraclough.
2:35 p.m. Jury admonished and excused.

Court stands at recess.

3:00 p.m. Court reconvenes in the presence of the jury.
parties are present.

All

CORRECTIONS OFFICER JERRY MASON, having previously been sworn,
resumes the stand and testifies further on cross examination by Ms.
Barraclough, redirect examination by Mr. Clark and recross
examination by Ms. Barraclough then is excused.
Defendant’s
Exhibit 527 is marked and admitted in evidence.
Defendant’s Exhibit 528, the videotaped deposition of Dalvon Terry,
is marked and admitted and published to the jury.
IT IS ORDERED the Jury Trial is continued to Wednesday, July 9,
2014, at 9:00 a.m.
Jury admonished and excused.
The Court and parties confer on remaining witnesses. The Court
instructs the parties to plan on settling jury instructions around
noon tomorrow and then proceeding with closing arguments.
5:00 p.m. Court adjourns.
LANCE S. WILSON, CLERK
By:
/s/
Donna Sherwood, Deputy Clerk