National Railroad Passenger Corporation v. John Davis Trucking Company, Inc.

Filing 695

MINUTES OF PROCEEDINGS - Jury Trial (Day 11) held on 8/18/2014 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Court Reporter: Kathryn French; Time of Hearing: 10:53 AM to 5:05 PM; Courtroom: 4; Mark Landman, Vincent Castillo, John Moore, and Liza Sui Mendoza are present on behalf of Plaintiff and Counter-defendant NATIONAL RAILROAD PASSENGER CORPORATION (Amtrak) and Counter-defendant and Counterclaimant UNION PACIFIC RAILROAD (UPRR) with electr onic technician Mark Anton.Steven Jaffe and Karen Bashor are present on behalf of Defendant JOHN DAVIS TRUCKING COMPANY, INC. Stephen Thompson, George Kirklin, Rick Pope, and Gary Di Grazia are present on behalf of Counterclaimant JOHN DAVIS TRU CKING COMPANY, INC. with electronic technician Megan Thompson. Also present are John Davis and Shane Davis, corporate designees of John Davis Trucking Company, Inc.See attached Minutes. IT IS ORDERED, Jury Trial (Day 12) is set for Tuesday, 8/19/2014 at 8:15 AM in Reno Courtroom 4 before Judge Howard D. McKibben. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - PR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
RENO, NEVADA
NATIONAL RAILROAD PASSENGER
CORPORATION,

)
)
)
Plaintiff,
)
)
vs.
)
)
JOHN DAVIS TRUCKING COMPANY, INC., )
a Nevada corporation,
)
)
Defendant.
)
___________________________________________)
)
JOHN DAVIS TRUCKING COMPANY, INC., )
a Nevada corporation,
)
)
Counterclaimant,
)
)
vs.
)
)
NATIONAL RAILROAD PASSENGER
)
CORPORATION, UNION PACIFIC
)
RAILROAD COMPANY, and DOES 1-5
)
)
Counter-defendants.
)
___________________________________________)
)
UNION PACIFIC RAILROAD COMPANY,
)
)
Counterclaimant,
)
)
vs.
)
)
JOHN DAVIS TRUCKING COMPANY, INC., )
a Nevada corporation,
)
)
Counter-defendant.
)
___________________________________________/
PROCEEDINGS:

3:11-cv-00461-HDM-VPC

MINUTES OF COURT
AUGUST 18, 2014

JURY TRIAL (DAY 11)

PRESENT:
THE HONORABLE HOWARD D. McKIBBEN, SENIOR U.S. DISTRICT JUDGE
Deputy Clerk: Paris Rich
Court Reporter: Kathryn French

National Railroad Passenger Corporation vs. John Davis Trucking Company, Inc.
3:11-cv-00461-HDM-VPC
August 18, 2014
Page 2
_____________________________________________________________________________
At 10:53 a.m., the Court convenes.
Mark Landman, Vincent Castillo, John Moore, and Liza Sui Mendoza are present on behalf of
Plaintiff and Counter-defendant NATIONAL RAILROAD PASSENGER CORPORATION
(“Amtrak”) and Counter-defendant and Counterclaimant UNION PACIFIC RAILROAD
(“UPRR”) with electronic technician Mark Anton.
Steven Jaffe and Karen Bashor are present on behalf of Defendant JOHN DAVIS TRUCKING
COMPANY, INC. Stephen Thompson, George Kirklin, Rick Pope, and Gary Di Grazia are
present on behalf of Counterclaimant JOHN DAVIS TRUCKING COMPANY, INC. with
electronic technician Megan Thompson. Also present are John Davis and Shane Davis,
corporate designees of John Davis Trucking Company, Inc.
Outside the presence of the jury, the Court and counsel discuss a procedural issue regarding the
reading of depositions designations to the jury.
At 11:02 a.m., the jury enters the courtroom.
Mr. Landman and Mr. Castillo read the remaining portions of the Deposition of FRANK
GABEL dated February 4, 2013 to the jury.
JAMES EVERETT PRUITT, called on behalf of John Davis Trucking Company, Inc., is sworn,
examined on direct by Mr. Thompson, and released subject to recall.
Defendant’s Exhibits D-624 (1-9) and D-601 (103) are received into evidence.
At 12:36 p.m., the jury is admonished and excused.
The Court admonishes Witness Pruitt and requests he wait outside the courtroom during the
recess.
Outside the presence of the jury, the Court and counsel discuss the specifics regarding any
possible existence of another download log and related issues. The Court and counsel further
confer.
At 12:45 p.m., the Court stands at recess.
At 1:07 p.m., the Court reconvenes with all parties and the jury present
JAMES EVERETT PRUITT, resumes the witness stand, is further examined on direct by Mr.
Thompson, and released subject to recall.
Defendant’s Exhibits D-601 (58), (65), (87), (68) (85), (150) (151), D-666 (2), D-667 (1), and
D-672 (1) are received into evidence.

National Railroad Passenger Corporation vs. John Davis Trucking Company, Inc.
3:11-cv-00461-HDM-VPC
August 18, 2014
Page 3
_____________________________________________________________________________
At 2:31 p.m., the jury is admonished and excused.
Outside the presence of the jury, the Court and counsel confer regarding the schedule for the
remainder of the trial day.
Mr. Kirklin presents statements relating to the presentation of the Deposition of Forrest
Ballinger. IT IS ORDERED, the Plaintiff/Counter-defendant’s [687] Motion to Preclude
Introduction of Deposition Testimony of Railroad Expert Forrest Henry Ballinger is
DENIED.
The Court recites statements regarding the testimony of Dr. Harvey Levine and [694] John Davis
Trucking’s Memorandum Renewing its Request to Admit Evidence of Eight Other Instances of
Bad Faith Spoliation by Union Pacific Railroad. IT IS ORDERED, the Court RESERVES on
[694] Memorandum, however, the Court advises that Dr. Levine does not need to be on call
for testimony at trial.
The Court addresses [693] John Davis Trucking’s Memorandum Regarding the Admissibility of
Eilis Logan’s Former Deposition Testimony with attached exhibits. The Court, Mr. Pope, Mr.
Landman, and Mr. Thompson confer.
At 2:46 p.m., the Court stands at recess.
At 2:49 p.m., the Court reconvenes with all parties and the jury present.
JAMES EVERETT PRUITT, resumes the witness stand, is cross-examined by Mr. Castillo,
examined by Mr. Thompson on redirect, examined on re-cross by Mr. Castillo, further examined
on redirect by Mr. Thompson, and excused.
Defendant’s Exhibit D-817 (1) is received into evidence.
Mr. Kirklin and Mr. Landman read the portions of the Deposition of JONATHAN HINES dated
July 11, 2013 to the jury.
At 5:01 p.m., the jury is admonished and excused until Tuesday, August 19, 2014 at 8:15 a.m.
Outside the presence of the jury, the Court and counsel confer regarding the trial schedule for
Tuesday, August 19, 2014.
Ms. Chambers provides the deposition designations of Forrest Ballinger for the Court’s
consideration.
Mr. Castillo addresses the consent order issue as related to Witness Fotiadis. The Court and
counsel confer.

National Railroad Passenger Corporation vs. John Davis Trucking Company, Inc.
3:11-cv-00461-HDM-VPC
August 18, 2014
Page 4
_____________________________________________________________________________
Jury Trial (Day 12) is continued to Tuesday, August 19, 2014 at 8:15 a.m. in Reno
Courtroom 4 before Howard D. McKibben. IT IS SO ORDERED.
At 5:05 p.m., the Court adjourns.
LANCE S. WILSON, CLERK
By: /s/ Paris Rich
Deputy Clerk