Opinion
Civil Case No. 09-cv-02895-WJM-MJW
08-22-2011
MICHAEL McCAMMOND, Plaintiff, v. SCHWAN'S HOME SERVICE, INC., Defendant.
Judge William J. Martinez
Court Reporter: Gwen Daniel
Counsel:
James C. Vaughters
Alan L. Rupe
COURTROOM MINUTES
JURY TRIAL - Day One
08:09 a.m. Court in Session
Appearances
Court's comments
Discussion re preliminary matters
08:26 Court in Recess
08:44 Court in Session - Jury panel present
Court's opening remarks to the jury panel
09:00 Jury sworn voir dire. Voir dire commences.
09:52 Voir dire (by the Court)
09:53 Voir dire (by Mr. Vaughters)
10:05 Voir dire (by Mr. Rupe)
10:24 - 10:26 Bench conference - ORDERED: The parties' challenges for cause are overruled.
10:26 Court in Recess
10:41 Court in Session - jury panel present
10:41 Voir dire continued
CHALLENGES FOR PLAINTIFF:
1.100227606
2. 100204024
3. 100216193
CHALLENGES FOR DEFENDANT:
1. 00237478 .
2. 100208826
3. 100226100
10:47 Voir dire completed
10:49 JURY SWORN TO TRY:
1) 100215283
2) 100225573
3) 100230525
4) 100227602
5) 100226635
6) 100205207
7) 100214967
8) 100206080
10:50 Court's preliminary instructions to the jury
11:12 Opening Statement (by Mr. Vaughters)
11:26 Opening Statement (by Mr. Rupe)
PLAINTIFF'S WITNESS MICHAEL McCAMMOND
11:43 Direct (by Mr. Vaughters)
11:55 Court in Recess
01:10 Court in Session - without jury
Court's comments
ORDERED: Defendant's Unopposed Motion for Leave to Submit Amended Joint Exhibit List [100] is DENIED.
01:14 Jury present
Exhibits identified, offered and received: 1, 11,
12; 13 through 32.
Exhibits identified, offered and received,
objections overruled: 2, 3, 4, 5, 6, 7, 8, 9.
Plaintiff withdraws Exhibit Nos. 28, 30, 31, 32. No objection by Defendant.
Exhibits withdrawn: 28, 30, 31, 32.
Exhibits identified, offered and received,
objections overruled: 33, 34, 35, 36, 37
02:57 Court in Recess
03:11 Court in Session
03:13 Jury present
PLAINTIFF'S WITNESS MICHAEL McCAMMOND
03:13 Direct continued (by Mr. Vaughters)
Exhibits identified, offered and received,
objections overruled: 38, 39, 40, 41
Exhibits referred: 42, 43, 44, 45, 46
Exhibit identified, offered and received: 47
PLAINTIFF'S WITNESS MICHAEL McCAMMOND
04:25 Cross (by Mr. Rupe)
Exhibit identified, offered and received: Q, O, L, M, 43
Exhibit identified, offered and rejected,
objection sustained: Z
05:07 Jury excused
Court's comments
Discussion re exhibits
Mr. Rupe's proffer re Exhibit Z
Mr. Vaughter's response
05:15 p.m. Court in Recess
Trial continued
Time: 7/19