Opinion
Civil Action No. 10-cv-03115-RPM
05-07-2013
SCOTT CZARNIAK and ADRIENNE CZARNIAK, Plaintiffs, v. 20/20 INSTITUTE, LLC., Defendant.
Senior District Judge Richard P. Matsch
Courtroom Deputy: J. Chris Smith
FTR Technician: Kathy Terasaki
Keith F. Cross
Todd J. Krouner
Diana M. Carlino
J. Scott Lasater
Randy L. Sego
C. Gregory Tiemeier
COURTROOM MINUTES
Trial to Jury Day Seven
9:02 a.m. Court in session.
Plaintiffs Scott and Adrienne Czarniak and defendant's representative Mark Danzo are present. 9:03 a.m. Argument by Mr. Tiemeier [166].
ORDERED: Plaintiffs' Motion to Preclude the Testimony Of Andrew M. O'Brien, M.S., [166], is granted in part, witness is excluded from making any references with respect to Richard Davidson, MD (opinion/report) .
Discussion regarding scheduling. Jurors present. 9:08 a.m. Videotape deposition of Anne Pence, OD., played.
Defendant's Exhibit A-6 identified, offered and received.
Court instructs jurors.
Jurors excused.
Defendant's Exhibits D-7, E-5 and E-4 used in Mr. Danzo, OD's testimony offered and received.
Court gives copies of its proposed instructions and verdict form to counsel. 10:57 a.m. Court in recess.
11:12 a.m. Court in session.
Jurors present. 11:14 a.m. Defendant's witness, Andrew M. O'Brien, M.S., C.R.C., sworn. Direct examination of Mr. O'Brien by Mr. Tiemeier. Defendant's Exhibit C-24 identified, offered and received.
Reference to Defendant's Exhibit C-3 pgs. 87, 23 and 24.
Reference to Defendant's Exhibit C-11 pgs. 24, 25, 31, 36 and 39.
11:49 a.m. Cross examination of Mr. O'Brien by Mr. Krouner. Reference to the March 12, 2013 deposition transcript of Mr. O'Brien. 12:13 p.m. Redirect examination of Mr. O'Brien by Mr. Tiemeier. Reference to Defendant's Exhibit A-11 pg. 2. 12:16 p.m. Recross examination of Mr. O'Brien by Mr. Krouner. Reference to Defendant's Exhibit A-11 pg. 2. Defendant rests.
Plaintiff has no rebuttal evidence.
Evidence closed.
Court instructs jurors.
Jurors excused until 9:00 a.m. May 8, 2013.
Mr. Krouner states plaintiffs have no motions. Defendant's renewed motion for judgment as a matter of law pursuant to Rule 50 with respect to plaintiffs' CCPA claim by Mr. Sego.
Argument by Mr. Sego.
ORDERED: Defendant's renewed motion for judgment as a matter of law pursuant to Rule 50 with respect to plaintiffs' CCPA claim is denied.
Discussion regarding scheduling. 12:20 p.m. Court in recess.
2:15 p.m. Court in session.
Court reviews proposed instructions and verdict form with counsel.
Counsel (Mr. Cross and Mr. Lasater) state objections and make arguments with respect to proposed jury instructions and verdict form.
Court signs tendered and refused instructions which are attached.
Discussion regarding motions and post verdict ruling. Statement by Mr. Krouner (use of trial transcripts during closings).
Discussion regarding closing arguments (Mr. Tiemeier and Mr. Krouner).
Discussion regarding exhibits.
2:50 p.m. Court in recess.
Clerk's Note: Tendered and refused instructions attached. Redacted Strike Sheet attached. Trial continued. Total time: 3 hrs. 53 min.