Cross Continent Dev. v. Town of Akron

Full title: CROSS CONTINENT DEVELOPMENT, Plaintiff, v. TOWN OF AKRON, et al.…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Aug 20, 2012

Civil Action No: 09-cv-02413-WYD-KMT (D. Colo. Aug. 20, 2012)

Opinion

Civil Action No: 09-cv-02413-WYD-KMT

08-20-2012

CROSS CONTINENT DEVELOPMENT, Plaintiff, v. TOWN OF AKRON, et al., Defendants.

WILEY Y. DANIEL

CHIEF JUDGE WILEY Y. DANIEL

Courtroom Deputy: Robert R. Keech E.C.R./Reporter: Tammy Lindblom

Counsel:

Victor M. Morales

Katherine A. Kelley

Peter H. Doherty

Mary A. Wells

COURTROOM MINUTES

TRIAL TO JURY (DAY 1)

9:33 a.m. Court in Session - Jury not present

APPEARANCES OF COUNSEL.

Court's opening remarks.

Plaintiff's Motion in Limine Regarding Character Evidence of Richard Kusel (ECF Doc. No. 140), filed August 17, 2012, is raised for argument. 9:36 a.m. Argument by Defendants (Ms. Wells). 9:40 a.m. Argument by Plaintiff (Ms. Kelley). 9:50 a.m. Argument by Defendants (Ms. Wells). 9:54 a.m. Argument by Plaintiff (Ms. Kelley). ORDERED: Plaintiff's Motion in Limine Regarding Character Evidence of Richard Kusel (ECF Doc. No. 140), filed August 17, 2012, is GRANTED IN PART and DENIED IN PART AS REFLECTED ON THE RECORD. 9:56 a.m. Court in Recess 10:17 a.m. Court in Session - Jury present

Court's opening remarks to prospective jurors. 10:19 a.m. Voir dire oath given. 10:29 a.m. Voir dire by Court commences. 12:10 p.m. Court in Recess 1:34 p.m. Court in Session - Jury present 1:34 p.m. Voir dire by Court continues. 1:49 p.m. Voir dire by Plaintiff (Ms. Kelley). 1:52 p.m. Voir dire by Defendants (Ms. Wells). Peremptory challenges by Plaintiff:

1) 100201858
2) 100232674
3) 100234068

Peremptory challenges by Defendant:

1) 100233381
2) 100204970
3) 100236207

2:25 p.m. Jury sworn to try:

1) 100223737 2) 100212991
3) 100228211 4) 100226685
5) 100218713 6) 100211029
7) 100213288 8) 100206250
9) 100222663 10) 100228829

2:26 p.m. Court reads preliminary jury instructions. 2:39 p.m. Bench conference regarding sequestration of witnesses. Exhibit(s) 1, 2, 3, 4, 10, 11, 16, 22, 48, 55, 56, 57, 58, 64, 65, 66, 70 RECEIVED. 2:43 p.m. Opening statement by Plaintiff (Ms. Kelley). 3:20 p.m. Court in Recess 3:44 p.m. Court in Session - Jury enters 3:46 p.m. Opening statement by Defendants (Ms. Wells). 4:22 p.m. Plaintiff's witness Richard Alan Kusel sworn.

Direct examination by Plaintiff (Ms. Kelley).

EX ID: 22 4:47 p.m. Court in Recess - TRIAL CONTINUED. TOTAL TIME: 5:05