Opinion
Civil Action No. 09-cv-00040-WJM-KMT
10-10-2012
GERALD HANSEN ELLER, Plaintiff, v. TRANS UNION LLC, Defendant.
Pro Se Paul L. Myers Benton Barton Martin E. Thornthwaite Daniel Halvorsen
Judge William J. Martínez
Courtroom Deputy: Deborah Hansen
Court Reporter: Gwen Daniel
Counsel:
Pro Se
Paul L. Myers
Benton Barton
Martin E. Thornthwaite
Daniel Halvorsen
COURTROOM MINUTES
JURY TRIAL - Day Two 08:11 a.m. Court in Session Also present: Assistant United States Attorney Jamie Mendelson on behalf of the Department of Veterans Affairs Court's comments
ORDERED: Defendant Trans Union LLC's Motion to Seal (ECF No. 229) is GRANTED IN PART with respect to Defendant's Exhibit A90, which has been marked "confidential." It will be placed under seal and be subject to the Amended Protective Order (ECF No. 95).
With respect to the 15-plus other exhibits that have Mr. Eller's and/or Mr. Willard's Social Security number, defense counsel and Mr. Eller shall at the conclusion of the trial today, stay in the courtroom and together go through those exhibits with those Social Security numbers and redact the first five digits of all those Social Security numbers. 09:03 Jury present PLAINTIFF'S SECOND WITNESS MICHAEL KLEINMAN (taken out of order) 09:05 Direct (by Mr. Eller)
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: 29 (objection overruled) 09:31 Cross (by Mr. Myers) 09:42 Redirect (by Mr. Eller) PLAINTIFF'S FIRST WITNESS GERALD HANSENELLER
09:46 Cross (by Mr. Myers)
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: A8, A10, A11, A12 10:28 Court in Recess
10:48 Court in Session - without jury
Discussion re witnesses 10:52 Jury present PLAINTIFF'S THIRD WITNESS MARION CHRISTINE THORNTON (taken out of order) 10:54 Direct (by Mr. Eller) Assistant United States Attorney Jamie Mendelson addresses the Court. 10:57 - 10:59 Bench conference 11:00 Direct continued 11:06 Cross (by Mr. Thornthwaite) PLAINTIFF'S FIRST WITNESS GERALD HANSEN ELLER
11:10 Cross continued (by Mr. Myers)
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: A74, A78, A81 11:35 - 11:36 Bench conference 11:36 Cross continued 12:22 Court in Recess
01:49 Court in Session - without jury
01:49 Jury present PLAINTIFF'S FIRST WITNESS GERALD HANSEN ELLER
01:50 Cross continued (by Mr. Myers)
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: A49 02:03 - 02:06 Bench conference
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: A5, A94, A95, A96 PLAINTIFF'S FIRST WITNESS GERALD HANSEN ELLER
02:50 Redirect examination by pro se plaintiff in narrative form
02:58 Court in Recess
03:22 Court in Session - without jury
Discussion 03:27 Jury present PLAINTIFF'S THIRD WITNESS DR. ROBERT GOOS (by telephone) 03:29 Direct (by Mr. Eller) 03:45 Cross (by Mr. Myers) Defendant offers Exhibit No. A69. Plaintiff withdraws his stipulation to the exhibit and objects to its admission.
EXHIBITS IDENTIFIED, OFFERED AND REFUSED: (objection sustained): A69 04:02 Redirect PLAINTIFF'S FIRST WITNESS GERALD HANSEN ELLER
04:05 Redirect examination continued by pro se plaintiff in narrative form
EXHIBITS IDENTIFIED, OFFERED AND REFUSED (objection sustained): 35
As to exhibit 40 the objection is overruled as to all pages of Exhibit 40 other than page Eller 907, the objection is sustained as to that page only.
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: 40, all pages except for Eller Supp. 907
EXHIBITS IDENTIFIED OFFERED AND REFUSED: Exhibit No. 40, Eller Supp. 907
EXHIBITS IDENTIFIED OFFERED AND REFUSED: 59
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: Exhibit 37(objection overruled) Eller Supp. 40, 59, 937
EXHIBITS IDENTIFIED OFFERED AND REFUSED (objection sustained) Exhibit 37, Eller Supp. 939
EXHIBIT IDENTIFIED, OFFERED AND RECEIVED: 19 04:55 Jury excused Court's comments 04:58 p.m. Court in Recess
Trial continued
Time: six hours and 36 minutes