Opinion
Civil Action No: 09-cv-01000-WYD-MEH
11-07-2011
RICHARD MADDOX, Plaintiff, v. STEPHEN VENEZIO, Defendant.
James M. Leventhal Molly L. Greenblatt Erin C. Genullis
CHIEF JUDGE
Courtroom Deputy: Robert R. Keech
E.C.R./Reporter: Therese Lindblom
Counsel:
James M. Leventhal
Molly L. Greenblatt
Erin C. Genullis
Gary L. Palumbo
COURTROOM MINUTES
JURY TRIAL (DAY 1)
9:04 a.m. Court in Session - Jury not present
APPEARANCES OF COUNSEL.
Court's opening remarks regarding revised jury instructions and joint statement of the case not being timely filed.
9:06 a.m. Discussion regarding jury instructions and joint statement of the case.
Plaintiff's Motion for Reconsideration of Court's Ruling that Plaintiff is Prohibited from Calling Three Witnesses at Trial (ECF Doc. #147), filed October 18, 2011, is raised for argument.
9:12 a.m. Argument by Defendant (Mr. Palumbo).
9:14 a.m. Argument by Plaintiff (Ms. Greenblatt).
ORDERED: Plaintiff's Motion for Reconsideration of Court's Ruling that Plaintiff is Prohibited from Calling Three Witnesses at Trial (ECF Doc. #147), filed October 18, 2011, is GRANTED.
9:22 a.m. Discussion regarding voir dire and attorney conducted supplemental voir dire.
9:33 a.m. Court in Recess
9:50 a.m. Court in Session - Jury present
Court's opening remarks to prospective jurors.
9:51 a.m. Voir dire oath given.
10:00 a.m. Voir dire by Court commences.
11:24 a.m. Court in Recess
11:38 a.m. Court in Session - Jury present
Voir dire by Court continues.
12:01 p.m. Court in Recess
1:41 p.m. Court in Session - Jury present
Voir dire by Court continues.
1:58 p.m. Voir dire by Plaintiff (Mr. Leventhal).
2:14 p.m. Voir dire by Defendant (Mr. Palumbo).
Plaintiff's challenges for cause as to jurors 100202525, 100200959, 100, 100 (Mr. Leventhal).
2:36 p.m. Argument by counsel.
ORDERED: Plaintiff's challenges for cause as to jurors 100202525, 100200959, 100211300, 100231243 is GRANTED IN PART and DENIED IN PART. The challenge for cause is GRANTED as to juror 100200959 and DENIED as to challenges for cause as to jurors 100202525, 100211300, and 100231243.
2:48 p.m. Voir dire by Court continues.
2:51 p.m. Voir dire by Plaintiff (Mr. Leventhal).
2:52 p.m. Voir dire by Defendant (Mr. Palumbo).
Plaintiff's challenge for cause as to juror 100203599 (Mr. Leventhal).
2:54 p.m. Argument by counsel.
ORDERED: Plaintiff's challenge for cause as to juror 100203599 is GRANTED.
2:57 p.m. Voir dire by Court continues.
Challenges for Cause:
1) 100236186
2) 100206290
3) 100200959
4) 100203599
Peremptory challenges by Plaintiff:
1) 100211300
2) 100231243
3) 100229413
Peremptory challenges by Defendant:
1) 100204966
2) 100204782
3) 100237572
3:10 p.m. Jury sworn to try:
+--------------------------+ ¦1)¦100209816¦2) ¦100202525¦ +--+---------+---+---------¦ ¦3)¦100234138¦4) ¦100229680¦ +--+---------+---+---------¦ ¦5)¦100212362¦6) ¦100208039¦ +--+---------+---+---------¦ ¦7)¦100223995¦8) ¦100231142¦ +--+---------+---+---------¦ ¦9)¦100208785¦10)¦100205978¦ +--------------------------+
3:11 p.m. Court reads preliminary jury instructions.
3:23 p.m. Jury excused
Discussion regarding exhibits to be referenced in opening statements.
3:33 p.m. Court in Recess
3:51 p.m. Court in Session - Jury enters
3:53 p.m. Opening statement by Plaintiff (Mr. Leventhal).
4:19 p.m. Opening statement by Defendant (Mr. Palumbo).
Exhibit(s) D, E, F, P RECEIVED.
4:44 p.m. Plaintiff's witness Arden Jackson sworn.
Direct examination by Plaintiff (Mr. Leventhal).
EX ID: 1
4:48 p.m. Bench conference regarding objection to Plaintiff's exhibit 1 - DEFERRED.
4:51 p.m. Direct examination by Plaintiff (Mr. Leventhal).
EX ID: 4, 6
Exhibit(s) 6 (6-0014 and 6-0004 only) RECEIVED.
5:06 p.m. Jury excused for the evening.
Discussion regarding objection to Plaintiff's exhibit 1.
5:07 p.m. Court in Recess - TRIAL CONTINUED. TOTAL TIME: 5:34