Opinion
Civil Action No. 10-cv-01437-RBJ-KMT
11-17-2011
ERIC HACKETT, Plaintiff, v. BREG, INC., Defendant.
Counsel: Charles Thronson Jessica Andrew Colin King Mike Worel George Soule Jeffrey Pilkington Kim Schmid Sheryl Bjork Jordan Lipp Christine Bowden
Judge R. Brooke Jackson
Date: November 17, 2011
Deputy Clerk: Laura Galera
Court Reporter: Kara Spitler
Counsel:
Charles Thronson
Jessica Andrew
Colin King
Mike Worel
George Soule
Jeffrey Pilkington
Kim Schmid
Sheryl Bjork
Jordan Lipp
Christine Bowden
COURTROOM MINUTES
Trial to Jury - Day Eight
8:32 a.m. Court in session.
Jury panel is not present. Discussion regarding the jury instructions. Court makes a record regarding the jury instructions, specifically the presumption instruction. Plaintiff notifies the Court he will be filing a Motion to Amend the Complaint. Plaintiff advises the Court that Dr. Ferrari will be called this morning as a rebuttal witness and will appear by phone. Jury present. 9:02 a.m. Continued direct examination of Mr. Phillips by Mr. Soule.
Defendant's Exhibit D48 admitted.
9:46 a.m. Cross examination of Mr. Phillips by Mr. King. 9:56 a.m. Bench conference. Plaintiff's rebuttal witness, Dr. Ferrari, is recalled and remains under oath. Dr. Ferrari appears by telephone. 10:02 a.m. Direct examination of Dr. Ferrari by Mr. Thronson. 10:06 a.m. Cross examination of Dr Ferrari by Ms. Schmid. Witness excused. 10:09 a.m. Continued cross examination of Mr. Phillips by Mr. King.
Defendant's Exhibit D62 is admitted.
Plaintiff's Exhibit P403 is admitted.
10:48 a.m. Court in recess.
11:04 a.m. Court in session.
Jury present. Continued cross examination of Mr. Phillips by Mr. King. Mr. King continues to move for the admission of Plaintiff's Exhibit 263. Defense continues to object.
After properly laying a foundation, Plaintiff's Exhibit 263 is admitted.
11:40 a.m. Redirect examination of Mr. Phillips by Mr. Soule. 11:46 a.m. Recross examination of Mr. Phillips by Mr. King. 11:50 a.m. Bench conference. 11:52 a.m. Court questions the witness with the jurors' questions. Witness excused. Defense rests. Jury excused. 11:55 a.m. Argument from Mr. Pilkington regarding Plaintiff's Motion for Leave to Amend Complaint to Conform with the Evidence to Add Prayer for Exemplary Damages Doc. # [170]. Defense counsel requests a continuance under Fed. R. Civ. P. 15(b)(1). ORDERED: Defendant's request for a continuance under Fed. R. Civ. P. 15(b)(1) is DENIED. ORDERED: Plaintiff's Motion for Leave to Amend Complaint to Conform with the Evidence to Add Prayer for Exemplary Damages Doc. # [170] is GRANTED. ORDERED: Motion to Reconsider the Court's Ruling regarding Dr. Ferrari's Opinions on Pain Pumps Causing Cartilage Damage Doc. # [158] is DENIED AS MOOT. ORDERED: Breg, Inc.'s Motion to Preclude Plaintiff From Calling Dr. James Ferrari as a Rebuttal Witness Doc. #[169] is DENIED AS MOOT. Discussion regarding amending the jury instructions. 12:46 p.m. Court in recess.
1:59 p.m. Court in session.
Jury panel not present. Court makes a record as to the jury instructions. Jury panel present. 2:24 p.m. Court instructs the jury. 3:05 p.m. Closing argument by Mr. Worel. 3:55 p.m. Court in recess
4:01 p.m. Court in session.
Jury present. 4:06 p.m. Closing argument by Mr. Soule. 5:05 p.m. Court advises the jury regarding admonitions of trial; trial will resume at 9:00 a.m. tomorrow. Jury excused.
5:06 p.m. Court in recess.
Total time in court: 06:59 Trial continued.