Opinion
Civil Action No: 09-cv-02413-WYD-KMT
08-27-2012
CROSS CONTINENT DEVELOPMENT, Plaintiff, v. TOWN OF AKRON, et al., Defendants.
Victor M. Morales Katherine A. Kelley Peter H. Doherty Mary A. Wells
CHIEF JUDGE WILEY Y. DANIEL
Courtroom Deputy: Robert R. Keech
E.C.R./Reporter: Tammy Hoffschildt
Counsel:
Victor M. Morales
Katherine A. Kelley
Peter H. Doherty
Mary A. Wells
COURTROOM MINUTES
TRIAL TO JURY (DAY 5)
9:03 a.m. Court in Session - Jury not present
Issues regarding Defendants' objection to testimony of witness Scott Saltzman is raised for argument. 9:04 a.m. Argument by Defendants (Ms. Wells). 9:09 a.m. Argument by Plaintiff (Mr. Morales). ORDERED: Defendants' objection to testimony of witness Scott Saltzman is OVERRULED. 9:11 a.m. Discussion regarding trial schedule and Rule 50 motions being deferred until the close of the evidence. 9:16 a.m. Court in Recess 9:54 a.m. Court in Session - Jury enters 9:55 a.m. Plaintiff's witness Scott Saltzman sworn.
Direct examination by Plaintiff (Mr. Morales).
Witness tendered and accepted as an expert.
10:30 a.m. Cross examination by Defendants (Ms. Wells).
EX ID: deposition of Scott Saltzman (2/16/11) for purposes of impeachment, 1, A-52, 67 11:16 a.m. Re-Direct examination by Plaintiff (Mr. Morales). 11:23 a.m. Re-Cross examination by Defendants (Ms. Wells). 11:25 a.m. Plaintiff rests. 11:26 a.m. Court in Recess 11:44 a.m. Court in Session - Jury enters 11:47 a.m. Defendants' witness Annette Bowin sworn.
Direct examination by Defendants (Mr. Doherty).
EX ID: A-63, A-88, A-93, 24, 18, 54, 56, A-67 Exhibit(s) A-63, A-88, A-93, A-67 RECEIVED. 12:33 p.m. Court in Recess 1:41 p.m. Court in Session - Jury enters 1:43 p.m. Defendants' witness Annette Bowin resumes.
Direct examination by Defendants continues (Mr. Doherty).
EX ID: 55, 3, 70, A-87, A-89, B-9, B-10, B-11 Exhibit(s) A-89, B-9, B-10, B-11 RECEIVED. 2:24 p.m. Cross examination by Plaintiff (Mr. Morales).
EX ID: 65, 66, deposition of Annette Bowin (10/27/10) for purposes of impeachment, 54, 3, 63 3:10 p.m. Re-Direct examination by Defendants (Mr. Doherty).
EX ID: 66 3:16 p.m. Defendants' witness Larry Ray Hill sworn.
Direct examination by Defendants (Mr. Doherty).
EX ID: 11 3:35 p.m. Cross examination by Plaintiff (Ms. Kelley) EX ID: 11, 10, 3 3:42 p.m. Re-Direct examination by Defendants (Mr. Doherty).
EX ID: 4 3:48 p.m. Discussion regarding schedule for tomorrow. 3:50 p.m. Jury excused for the evening.
Court distributes jury instructions and verdict form. 3:52 p.m. Discussion and argument regarding jury instructions.
Plaintiff's Motion in Limine to Exclude Expert Testimony of Melinda Harper and Travis Vallin (ECF Doc. No. 107), filed July 9, 2012, is raised for argument. 3:54 p.m. Argument by Plaintiff (Ms. Kelley). 3:57 p.m. Argument by Defendants (Ms. Wells). 3:59 p.m. Argument by Plaintiff (Ms. Kelley). ORDERED: Plaintiff's Motion in Limine to Exclude Expert Testimony of Melinda Harper and Travis Vallin (ECF Doc. No. 107), filed July 9, 2012, is DENIED. 4:01 p.m. Court in Recess - TRIAL CONTINUED. TOTAL TIME: 4:44