1 united states district court southern district ......case 1:07-cv-22459-jic document 493 entered...

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No. 08-21063-CIV-COHN Case No. 07-22459-CIV-COHN

ELOY ROJAS MAMANI, et al., ) )

Plaintiffs, ) ) -v- ) ) GONZALO DANIEL SANCHEZ DE ) LOZADA SANCHEZ BUSTAMANTE, ) )

Defendant. ) Fort Lauderdale, Florida ) April 2, 2018 ____________________________) 9:00 a.m. ELOY ROJAS MAMANI, et al., ) )

Plaintiffs, ) ) -v- ) ) JOSE CARLOS SANCHEZ BERZAIN,) )

Defendant. ) ____________________________)

TRANSCRIPT OF TRIAL PROCEEDINGS

BEFORE THE HONORABLE JAMES I. COHN

U.S. DISTRICT JUDGE, AND A JURY

Reporter: Karl Shires, RMR, FCRR (954) 769-5496 Official Court Reporter

299 East Broward Boulevard, # 203G Fort Lauderdale, Florida 33301

STENOGRAPHICALLY RECORDED COMPUTER-AIDED TRANSCRIPT

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Case 1:07-cv-22459-JIC Document 493 Entered on FLSD Docket 04/04/2018 of 20

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Appearances:

For the Plaintiffs: SCHONBRUN, DE SIMONE, SEPLOW,

HARRIS & HOFFMAN, LLP BY: PAUL HOFFMAN, ESQ. -and- AKIN GUMP BY: JOSEPH SORKIN, ESQ. BY: CHRISTINE DONIAK, ESQ. BY: JASON WEIL, ESQ. BY: RUBEN MUNOZ, ESQ. BY: SAURABH SHARAD, ESQ.

-and- CENTER FOR CONSTITUTIONAL RIGHTS BY: JUDY CHOMSKY, ESQ.

For the Defendants: WILLIAMS & CONNOLLY

BY: STEPHEN RABER, ESQ. BY: ANA REYES, ESQ. BY: JAMES GILLENWATER, ESQ. BY: GISELLE BARCIA, ESQ. BY: J.R. FLEURMONT, ESQ. BY: SUZANNE SALGADO, ESQ. -and- BECKER & POLIAKOFF BY: EVAN BERGER, ESQ.

Spanish Interpreters Present.

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(The Jury resumed their deliberations at 9:00 a.m.)

(Call to Order of the Court at 11:45 a.m.)

THE COURT: Good morning, folks.

Well, not a peep.

MR. HOFFMAN: Your Honor, Mr. Sorkin is on his way

over.

THE COURT: Okay. Oh, he is here?

MR. HOFFMAN: He is here.

THE COURT: Oh, okay. His trial was settled or what?

MR. HOFFMAN: I'm not quite sure how he worked it out,

but he is here.

THE COURT: Okay.

All right. I had said on Thursday that we would

reconvene at a quarter to 12:00 on Monday. I cannot recall a

jury being out this long without advising us what do we do if

we're deadlocked. That's generally the question. But they

have not advised us of that. But it would certainly be helpful

to know where they're at; if there's close, if they think that

they will be able to reach a unanimous agreement. But I don't

want to do anything without getting input from you. And it's

always the option of doing nothing. But they've been out now

three full days and parts of two other days.

MR. RABER: We think it would make sense to make some

inquiry as to where they are. And along the lines, we had

discussed potentially Thursday if there were any questions

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about any instructions that were hanging them up.

THE COURT: Mr. Sorkin.

MR. SORKIN: Your Honor, in light of the fact that the

jury has voluntarily come back for this additional week and

they have not indicated that they are in a position where they

can't resolve the issues, we think at this point we should let

the process play out. And if they have a question, they know

that they can indicate it. They have. The Court has made

clear to them that the Court is available for questions.

So at this point there hasn't been an indication from

the jury itself that they are at an impasse or they are at any

insurmountable issue, and I think they've understood, based on

the Court's instructions, that if they get to that point, they

have the ability to ask the Court.

THE COURT: Well, I did remind the jury on Thursday

before we recessed that if they needed a clarification

regarding the law, that the Court was here to assist them. I

reminded them that all issues of fact were exclusively within

their province and the Court could make no comment regarding

any factual issue.

So they have been readvised that the Court is

available to answer any questions of law, but I did tell them

they needed to be more specific than their first question which

was essentially explain the -- three of the major issues in the

case, legal issues.

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MR. RABER: Your Honor, I'm sorry, I didn't --

THE COURT: No, I'm kind of stream of consciousness

here, which is probably not a good idea for a judge, but --

MR. RABER: It's not clear, however, that the jury has

been told or understands that they can come and tell Your Honor

if they feel like they're deadlocked.

Now, I know that that would seem obvious, that if they

were, they would ask that, but stranger things have happened.

THE COURT: Well, you raise an interesting question,

one that I raised in chambers with my law clerks. My

reluctance is to plant that seed. This is highly unusual for a

jury to deliberate this long without indicating or asking what

do we do if we're deadlocked, if we can't reach a unanimous

agreement.

MR. SORKIN: Your Honor, on that point as well, I

guess we would still continue to fall back on the fact that the

jury has not been -- has not indicated in any way that when

they have a question or if they have a question, that they're

not willing to ask it. They have been willing to and they're

here voluntarily.

So my concern is the same as the Court's articulated,

which is to start asking them questions or giving them more

than an indication that the Court is willing to consider

questions, we're going to suggest to them that what they're

doing is somehow inappropriate or that they should be getting

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to a resolution when it might just be that they are working

hard to try and come to what they believe is the right answer

in a unanimous fashion.

THE COURT: Well, since the Court did readvise the

jury that any questions they had pertaining to the law, that

the Court was available to answer, I see no need to readdress

that at this time.

The only other avenue would be the civil Allen charge.

Once again, as I stated on Thursday, it's been this Court's

practice and, insofar as I know, most Courts practice not to

read that charge unless the jury has indicated that they are

deadlocked, and I did state if the parties agreed to the Court

giving that charge at this time, that I would certainly honor

such an agreement.

So I guess the bottom line is, I'm going to do nothing

at this point. It's hard to exercise restraint, but I think

that's the more appropriate course.

I certainly feel as Mr. Raber does, let's move this

thing forward, but I don't think it would be appropriate in

light of what the Court has previously advised the jury. So

we're a captive audience and --

MR. RABER: What are they getting served for lunch?

THE COURT: Well, I can tell you --

MR. RABER: Can we get some of that?

THE COURT: -- it's -- well, I'll be glad to show you

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all a copy of the menu. It's salads, sandwiches. Nothing

elaborate. For ten people I can tell you, because I sign for

the bills, its generally between $87 and $95 each day. So I

just -- I don't know what else to do without invading their

province at this point.

So, Ms. Thompkins, have you ordered their lunch?

THE COURTROOM DEPUTY: Yes, Your Honor.

THE COURT: When did you order it?

THE COURTROOM DEPUTY: Probably about 11:45.

THE COURT: 11:45. So ten minutes ago.

So you all can go to lunch. And if we receive any

communication, you all will be the first to know. We will not

be withholding any information.

All right. We'll stand in recess.

MR. SORKIN: Thank you.

(Recess at 11:56 a.m.)

(Call to Order of the Court.)

THE COURT: All right. It is now almost 4:20, and we

have received no communication at all from the jury today.

It is highly unusual for a jury to have deliberated

now for about four full days and to not either ask what do we

do if we can't reach an agreement or advising the Court that

they are deadlocked.

Obviously, I have no idea where this jury is. I don't

know whether they're close to reaching a verdict or what's

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going on. But the question I pose is: How long do we go

without inquiring at least for informational purposes in a very

benign way?

Mr. Sorkin, do you feel that we just go on

indefinitely?

MR. SORKIN: Your Honor, maybe -- and again, I might

now be putting myself in the position the Court was in earlier

of just thinking out loud, but maybe at this point in the day

asking them whether they are in a position, you know, we're

trying to figure out scheduling-wise for the Court, for the

facilities, for the courthouse, whether they will be here into

the evening or whether they will need to come back tomorrow.

I think that will give us some indication of whether

they're close, whether there's still a ways to go. So asking

the question in a way that is purely for scheduling purposes

and figuring out what facilities need to stay open for the

evening and, you know, maybe even whether it's beyond tomorrow,

that that I think indication would be benign and would at least

give us some opportunity to understand what they were thinking.

THE COURT: Look, I am unable to stay late tonight. A

very dear friend of mine, it is his wife's birthday today and

he invited my wife and I to dinner and I accepted and he's made

reservations. So I can't stay late tonight. But that sounds

reasonable.

Mr. Raber, do you wish to weigh in?

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MR. RABER: Well, I think we've now been here --

they've been deliberating, by our account, approximately

34-and-a-half hours, and I'm still not convinced that they know

that they can ask for certain things.

In my experience, oftentimes a jury will ask to have

testimony reread because maybe there's a dispute in people's

notes about what a witness said. And perhaps a gentle question

along the lines of, do they feel -- now that they've come back

from the weekend, do they feel that they are still making

progress and are there any questions that might help them make

progress, and sort of open-ended like that, and let them come

back with an answer to that. It might be a gentle way to see

whether we're just chasing our tails in there or not.

THE COURT: Mr. Sorkin?

MR. SORKIN: Your Honor, I think as an initial matter

we can likely get some of the same information by doing it in a

way that really addresses the scheduling piece, and to put it

in the context of for planning purposes that the parties and

Court and the attorneys need to kind of understand where we're

at and where we're headed and what they think, and that will, I

think, elicit, you know, a response that will give us a sense

of what the hangups might be, if there are any, and whether

they have questions that they're not asking without putting

them in a position of having to address that.

MR. RABER: We would not have any objection to that

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approach, Your Honor.

THE COURT: Okay. All right. Let's bring in the

jury.

(Jury in at 4:22 p.m.)

THE COURT: All right, folks. Please be seated.

Mr. Horne, how are you, sir?

THE JUROR: Pretty good, Your Honor.

THE COURT: Okay. I hope all of you had a happy

holiday weekend.

We all know that you all have been hard at work. We

calculated that you've spent somewhere around 34-and-a-half

hours deliberating so far. But we need some help in terms of

scheduling. We need to know whether you're making progress. I

don't want you to tell me any numerical vote or anything, but

we haven't heard a peep from you and we kind of need to know

whether you're close to reaching a verdict.

I don't want you to tell me here. I'm going to ask

you to go back and then let me know after you all have all

discussed the issue.

And also whether there's anything that the Court can

do in terms of further legal explanations that might assist

you.

I know that's very general, because I do not want to

invade your deliberative process in any way, and I don't want

to pressure you either. I'm merely asking for informational

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purposes so that we can schedule.

So please return to the jury room.

(Jury out at 4:26 p.m.)


Yes, sir.

MR. RABER: I go to the great Bear Bryant to sum up

what I'm hearing right now, which is, he said, if you whoop and

holler all the time, the players just get used to it. And it

just sounds like there's some whooping and hollering going on

in there, and I think it's time for a civil Allen charge. I

think they can't even agree on something about, you know, tell

us if you're making progress.

THE COURT: It is extremely frustrating and the Court

is certainly moving in that direction, but I thought that was a

pretty straightforward question that the Court asked. And I

agree. It has been, what, 20 minutes now since I asked the

question.

I'm going to ask Ms. Thompkins to knock on the door

and ask the jury if they have the note ready for the Court.

THE COURTROOM DEPUTY: Two minutes.

THE COURT: Ms. Thompkins advised the Court, two

minutes. They're on the clock.

MR. RABER: My question is: How many time-outs do

they have?

THE COURT: None. All time-outs have been revoked.

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MR. HOFFMAN: We're on the two-minute drill.

THE COURT: All right. The Court has received a note

from the jury in response to the Court's question which reads

as follows:

"At this time we cannot determine how much time it

will take."

The problem that we run into with the Allen charge is,

is that there's authority, and I'm not sure about the Eleventh

Circuit at this point, but there is authority from the Ninth

Circuit that says that an Allen charge is not to be prematurely

given if the jury is not definitively deadlocked, United States

versus Chambers, 2015 WL 12862915, Northern District of

California. We'll see if we can find some circuit authority

that's a district court.

MR. RABER: That also sounds like a criminal case,

Your Honor.

THE COURT: It is a criminal case. It definitely is a

criminal case. You're right. We're looking for additional

authority.

MR. SORKIN: Your Honor, we have, as no surprise, been

looking -- we have not found any case that has -- in which an

Allen charge has been given in a civil context in advance of a

clear indication of a deadlocked jury, which is part of our

concern with proceeding this way at this time. I thought that

the question, quite honestly, that I presented with respect to

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scheduling might lead to information that would instruct us,

but --

THE COURT: Well, I also melded as, you can tell, I

melded in with your suggestion Mr. Raber's suggestion regarding

progress, and obviously they ignored that.

MR. RABER: It's happened before.

MS. REYES: Never mind me.

THE COURT: Yes, I agree unfortunately.

Well, if we don't have a verdict by 5:30, that's

obviously highly unlikely at this point when they can't even

tell me give me a ballpark as to time, I'm going to recess for

the day at 5:30, and we'll continue to research on the Allen

charge.

I do feel that something needs to be done to move this

jury along without obviously pressuring the jury. But

certainly from the standpoint of counsel, I know counsel for

both -- for all parties is from out of state and this, you

know, has to be an expensive proposition at this point, plus

your time is extremely valuable. But I don't want to do

anything that's going to jeopardize any party's right to

fairness. But having said that, I'm certainly open to any

additional suggestions as to --

MR. RABER: I don't necessarily have a suggestion, but

I interpret them saying at this time we cannot determine how

much time it will take, that to me is a deadlock. And so

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that's how I interpret that. If they can't even comment,

they're deadlocked on that question.

So I think it is wise for us to look at the civil

Allen charge and look for some authority on under what

circumstances that can be done. We'll undertake to do that as

well.

THE COURT: All right.

MR. RABER: And perhaps there's an opportunity

tomorrow for that. I do agree that now that's not something

we're asking for, but at some point.

THE COURT: Well, if there is authority out there,

certainly I will consider it. I don't want to sound redundant.

I just -- I have never given it prior to a jury advising the

Court that they were deadlocked, and I'm not aware of any other

cases where it's been given prior to the jury announcing that

they were deadlocked. But if there's authority out there, it

is certainly something that I will consider.

We have no idea what the problem is. We have no idea

whatsoever.

All right. Well, we've got a half an hour before we

reach the 5:30 hour. So we will stand in recess until then.

But you all can stay here since it is only half an hour.

We're off the record.

(Recess at 5:00 p.m.)

(Call to Order of the Court.)

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THE COURT: Okay. We found an Eleventh Circuit case,

US v Bush, 727 F.3d 1308, which says, and I'm quoting, our

precedent does not require such an express indication of

deadlock before the district court gives an Allen charge.

And there was one case where the Allen charge was

given three-and-a-half hours after the jury retired to

deliberate, and that was not an abuse of discretion. That was

a Fifth Circuit case that preceded 1981. So it is good law in

the Eleventh.

Another Fifth Circuit case that was cited affirmed the

district court's sua sponte Allen charge where the jury did not

indicate that it was deadlocked. That's United States versus

Scruggs, 583 F.2d 238, Fifth Circuit, 1978. And in that case

the jury had deliberated for almost four hours. So here we've

got 35 hours now.

So I'll give you all a chance to complete your

research, but I'm certainly inclined tomorrow at least at some

point to give the civil Allen charge, Eleventh Circuit Pattern

2.8.

All right. Let's bring the jury in.

(Jury in at 5:27 p.m.)


All right. We're going to send you home for the day.

I would like you back here at 9 o'clock tomorrow morning to

resume your deliberations.

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Do not resume those deliberations until all ten jurors

are present in the jury room.

Remember, during the recess do not discuss the case or

otherwise communicate with anyone regarding the substance of

the case. Should there be something reported in the new media,

do not read, watch, or listen to it. And do not do any

independent research either online or offline.

So we'll stand in recess till 9:00 a.m. tomorrow

morning.

(Jury out at 5:28 p.m.)

THE COURT: Folks, anything else?

MR. RABER: Does the Court have a time when you would

like us to come back tomorrow?

THE COURT: Let's make it 10 o'clock.

MR. RABER: Okay.

THE COURT: If we haven't heard anything, the Court's

inclined to give, as I said, the civil Allen charge at

10:00 a.m. tomorrow.

MR. RABER: Okay.

THE COURT: Of course, if we hear anything before

then, you will be notified promptly.

MR. RABER: Okay.

THE COURT: Enjoy the game tonight.

MR. SORKIN: Thank you.

THE COURT: We'll stand in recess.

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(Recess at 5:30 p.m., until 9:00 a.m., April 3, 2018.)

C E R T I F I C A T E

I, Karl Shires, Registered Merit Reporter and Federal

Certified Realtime Reporter, certify that the foregoing is a

correct transcript from the record of proceedings in the

above-entitled matter.

Dated this 2nd day of April, 2018.

____________________________ Karl Shires, RMR FCRR

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MR. HOFFMAN: [4] 3/4 3/7 3/9 11/25MR. RABER: [17] 3/22 4/25 5/3 6/21 6/23 8/25 9/24 11/5 11/22 12/14 13/5 13/22 14/7 16/11 16/14 16/18 16/21MR. SORKIN: [7] 4/2 5/14 7/14 8/5 9/14 12/19 16/23MS. REYES: [1] 13/6THE COURT: [37] THE COURTROOMDEPUTY: [3] 7/6 7/8 11/19THE JUROR: [1] 10/6

$$87 [1] 7/3$95 [1] 7/3

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assist [2] 4/17 10/21attorneys [1] 9/19audience [1] 6/21authority [7] 12/8 12/9 12/13 12/19 14/4 14/11 14/16available [3] 4/9 4/22 6/6avenue [1] 6/8aware [1] 14/14

Bback [8] 4/4 5/16 8/12 9/8 9/12 10/18 15/24 16/13ballpark [1] 13/11BARCIA [1] 2/11based [1] 4/12Bear [1] 11/6BECKER [1] 2/13believe [1] 6/2benign [2] 8/3 8/18BERGER [1] 2/14BERZAIN [1] 1/13beyond [1] 8/17bills [1] 7/3birthday [1] 8/21bottom [1] 6/15Boulevard [1] 1/24bring [2] 10/2 15/20Broward [1] 1/24Bryant [1] 11/6Bush [1] 15/2BUSTAMANTE [1] 1/7

Ccalculated [1] 10/11California [1] 12/13Call [3] 3/2 7/17 14/25captive [1] 6/21CARLOS [1] 1/13case [14] 1/2 1/3 4/25 12/15 12/17 12/18 12/21 15/1 15/5 15/8 15/10 15/13 16/3 16/5cases [1] 14/15CENTER [1] 2/8certain [1] 9/4certainly [9] 3/17 6/13 6/18 11/14 13/16 13/21 14/12 14/17 15/17Certified [1] 17/5certify [1] 17/5chambers [2] 5/10 12/12chance [1] 15/16charge [14] 6/8 6/11 6/13 11/10 12/7 12/10 12/22 13/13 14/4 15/4 15/5 15/11 15/18 16/17chasing [1] 9/13CHOMSKY [1] 2/8CHRISTINE [1] 2/5circuit [8] 12/9 12/10

12/13 15/1 15/8 15/10 15/13 15/18circumstances [1] 14/5cited [1] 15/10CIV [2] 1/2 1/3civil [6] 6/8 11/10 12/22 14/3 15/18 16/17clarification [1] 4/16clear [3] 4/9 5/4 12/23clerks [1] 5/10clock [1] 11/22close [4] 3/18 7/25 8/14 10/16COHN [3] 1/2 1/3 1/17come [7] 4/4 5/5 6/2 8/12 9/8 9/11 16/13comment [2] 4/19 14/1communicate [1] 16/4communication [2] 7/12 7/19complete [1] 15/16concern [2] 5/21 12/24CONNOLLY [1] 2/9consciousness [1] 5/2consider [3] 5/23 14/12 14/17CONSTITUTIONAL [1] 2/8context [2] 9/18 12/22continue [2] 5/16 13/12convinced [1] 9/3copy [1] 7/1correct [1] 17/6counsel [2] 13/16 13/16course [2] 6/17 16/20court [30] court's [6] 4/13 5/21 6/9 12/3 15/11 16/16courthouse [1] 8/11Courts [1] 6/10criminal [3] 12/15 12/17 12/18

DDANIEL [1] 1/7Dated [1] 17/8day [5] 7/3 8/8 13/12 15/23 17/8days [3] 3/22 3/22 7/21DE [2] 1/7 2/2deadlock [2] 13/25 15/4deadlocked [11] 3/16 5/6 5/13 6/12 7/23 12/11 12/23 14/2 14/14 14/16 15/12dear [1] 8/21Defendant [2] 1/8

1/14Defendants [1] 2/9definitely [1] 12/17definitively [1] 12/11deliberate [2] 5/12 15/7deliberated [2] 7/20 15/14deliberating [2] 9/2 10/12deliberations [3] 3/1 15/25 16/1deliberative [1] 10/24determine [2] 12/5 13/24didn't [1] 5/1dinner [1] 8/22direction [1] 11/14discretion [1] 15/7discuss [1] 16/3discussed [2] 3/25 10/19dispute [1] 9/6district [7] 1/1 1/1 1/18 12/12 12/14 15/4 15/11doing [3] 3/21 5/25 9/16DONIAK [1] 2/5door [1] 11/18drill [1] 12/1

Eearlier [1] 8/7East [1] 1/24either [3] 7/21 10/25 16/7elaborate [1] 7/2Eleventh [4] 12/8 15/1 15/9 15/18elicit [1] 9/21ELOY [2] 1/4 1/10ended [1] 9/11Enjoy [1] 16/23entitled [1] 17/7ESQ [14] 2/3 2/5 2/5 2/6 2/6 2/7 2/8 2/10 2/10 2/11 2/11 2/12 2/12 2/14essentially [1] 4/24et [2] 1/4 1/10EVAN [1] 2/14evening [2] 8/12 8/17exclusively [1] 4/18exercise [1] 6/16expensive [1] 13/18experience [1] 9/5explain [1] 4/24explanations [1] 10/21express [1] 15/3extremely [2] 11/13 13/19

FF.2d [1] 15/13

18


FF.3d [1] 15/2facilities [2] 8/11 8/16fact [3] 4/3 4/18 5/16factual [1] 4/20fairness [1] 13/21fall [1] 5/16far [1] 10/12fashion [1] 6/3FCRR [2] 1/23 17/10Federal [1] 17/4feel [6] 5/6 6/18 8/4 9/8 9/9 13/14Fifth [3] 15/8 15/10 15/13figure [1] 8/10figuring [1] 8/16find [1] 12/13first [2] 4/23 7/12FLEURMONT [1] 2/12FLORIDA [3] 1/1 1/8 1/25folks [5] 3/3 10/5 11/4 15/22 16/11follows [1] 12/4foregoing [1] 17/5Fort [2] 1/8 1/25forward [1] 6/19found [2] 12/21 15/1four [2] 7/21 15/14friend [1] 8/21frustrating [1] 11/13full [2] 3/22 7/21further [1] 10/21

Ggame [1] 16/23general [1] 10/23generally [2] 3/16 7/3gentle [2] 9/7 9/12getting [3] 3/20 5/25 6/22GILLENWATER [1] 2/11GISELLE [1] 2/11give [7] 8/13 8/19 9/21 13/11 15/16 15/18 16/17given [5] 12/11 12/22 14/13 14/15 15/6gives [1] 15/4giving [2] 5/22 6/13glad [1] 6/25go [6] 7/11 8/1 8/4 8/14 10/18 11/6going [9] 5/24 6/15 8/1 10/17 11/9 11/18 13/11 13/20 15/23GONZALO [1] 1/7good [4] 3/3 5/3 10/7 15/8great [1] 11/6guess [2] 5/16 6/15GUMP [1] 2/4

Hhalf [5] 9/3 10/11 14/20 14/22 15/6hanging [1] 4/1hangups [1] 9/22happened [2] 5/8 13/6happy [1] 10/8hard [3] 6/2 6/16 10/10HARRIS [1] 2/3headed [1] 9/20hear [1] 16/20heard [2] 10/15 16/16hearing [1] 11/7help [2] 9/10 10/12helpful [1] 3/17highly [3] 5/11 7/20 13/10HOFFMAN [2] 2/3 2/3holiday [1] 10/9holler [1] 11/8hollering [1] 11/9home [1] 15/23honestly [1] 12/25honor [13] 3/5 4/3 5/1 5/5 5/15 6/13 7/7 8/6 9/15 10/1 10/7 12/16 12/20HONORABLE [1] 1/17hope [1] 10/8Horne [1] 10/6hour [3] 14/20 14/21 14/22hours [5] 9/3 10/12 15/6 15/14 15/15

II'll [2] 6/25 15/16I'm [15] 3/10 5/1 5/2 6/15 9/3 10/17 10/25 11/7 11/18 12/8 13/11 13/21 14/14 15/2 15/17idea [4] 5/3 7/24 14/18 14/18ignored [1] 13/5impasse [1] 4/11inappropriate [1] 5/25inclined [2] 15/17 16/17indefinitely [1] 8/5independent [1] 16/7indicate [2] 4/8 15/12indicated [3] 4/5 5/17 6/11indicating [1] 5/12indication [6] 4/10 5/23 8/13 8/18 12/23 15/3information [3] 7/13 9/16 13/1informational [2] 8/2 10/25initial [1] 9/15input [1] 3/20inquiring [1] 8/2

inquiry [1] 3/24insofar [1] 6/10instruct [1] 13/1instructions [2] 4/1 4/13insurmountable [1] 4/12interesting [1] 5/9interpret [2] 13/24 14/1Interpreters [1] 2/15invade [1] 10/24invading [1] 7/4invited [1] 8/22issue [3] 4/12 4/20 10/19issues [4] 4/6 4/18 4/24 4/25it's [10] 3/20 5/4 6/9 6/16 6/25 7/1 8/17 11/10 13/6 14/15

JJ.R [1] 2/12JAMES [2] 1/17 2/11JASON [1] 2/6jeopardize [1] 13/20JOSE [1] 1/13JOSEPH [1] 2/5judge [2] 1/18 5/3JUDY [1] 2/8jurors [1] 16/1jury [35]

Kkind [3] 5/2 9/19 10/15knock [1] 11/18know [19]

Llate [2] 8/20 8/23Lauderdale [2] 1/8 1/25law [5] 4/17 4/22 5/10 6/5 15/8lead [1] 13/1legal [2] 4/25 10/21light [2] 4/3 6/20line [1] 6/15lines [2] 3/24 9/8listen [1] 16/6LLP [1] 2/3long [3] 3/15 5/12 8/1look [3] 8/20 14/3 14/4looking [2] 12/18 12/21loud [1] 8/8LOZADA [1] 1/7lunch [3] 6/22 7/6 7/11

Mmajor [1] 4/24making [3] 9/9 10/13 11/12MAMANI [2] 1/4 1/10matter [2] 9/15 17/7

media [1] 16/5melded [2] 13/3 13/4menu [1] 7/1merely [1] 10/25Merit [1] 17/4mind [1] 13/7mine [1] 8/21minute [1] 12/1minutes [4] 7/10 11/16 11/20 11/22Monday [1] 3/14morning [3] 3/3 15/24 16/9move [2] 6/18 13/14moving [1] 11/14Mr. [8] 3/5 4/2 6/18 8/4 8/25 9/14 10/6 13/4Mr. Horne [1] 10/6Mr. Raber [2] 6/18 8/25Mr. Raber's [1] 13/4Mr. Sorkin [4] 3/5 4/2 8/4 9/14Ms. [3] 7/6 11/18 11/21Ms. Thompkins [3] 7/6 11/18 11/21MUNOZ [1] 2/6

Nnecessarily [1] 13/23need [7] 6/6 8/12 8/16 9/19 10/12 10/13 10/15needed [2] 4/16 4/23needs [1] 13/14never [2] 13/7 14/13new [1] 16/5Ninth [1] 12/9Northern [1] 12/12note [2] 11/19 12/2notes [1] 9/7notified [1] 16/21numerical [1] 10/14

Oo'clock [2] 15/24 16/14objection [1] 9/25obvious [1] 5/7obviously [4] 7/24 13/5 13/10 13/15Official [1] 1/24offline [1] 16/7oftentimes [1] 9/5Oh [2] 3/7 3/9okay [9] 3/7 3/9 3/12 10/2 10/8 15/1 16/15 16/19 16/22Once [1] 6/9online [1] 16/7open [3] 8/16 9/11 13/21open-ended [1] 9/11opportunity [2] 8/19 14/8

option [1] 3/21order [4] 3/2 7/8 7/17 14/25ordered [1] 7/6outs [2] 11/23 11/25

Pp.m [6] 10/4 11/3 14/24 15/21 16/10 17/1part [1] 12/23parties [3] 6/12 9/18 13/17parts [1] 3/22party's [1] 13/20Pattern [1] 15/18PAUL [1] 2/3peep [2] 3/4 10/15people [1] 7/2people's [1] 9/6pertaining [1] 6/5piece [1] 9/17Plaintiffs [3] 1/5 1/11 2/2planning [1] 9/18plant [1] 5/11play [1] 4/7players [1] 11/8please [4] 10/5 11/2 11/4 15/22plus [1] 13/18point [12] 4/6 4/10 4/13 5/15 6/16 7/5 8/8 12/9 13/10 13/18 14/10 15/18POLIAKOFF [1] 2/13pose [1] 8/1position [4] 4/5 8/7 8/9 9/24potentially [1] 3/25practice [2] 6/10 6/10preceded [1] 15/8precedent [1] 15/3prematurely [1] 12/10present [2] 2/15 16/2presented [1] 12/25pressure [1] 10/25pressuring [1] 13/15pretty [2] 10/7 11/15previously [1] 6/20prior [2] 14/13 14/15probably [2] 5/3 7/9problem [2] 12/7 14/18proceeding [1] 12/24proceedings [2] 1/16 17/6process [2] 4/7 10/24progress [5] 9/10 9/11 10/13 11/12 13/5promptly [1] 16/21proposition [1] 13/18province [2] 4/19 7/5purely [1] 8/15purposes [4] 8/2 8/15 9/18 11/1

19


Pput [1] 9/17putting [2] 8/7 9/23

Qquarter [1] 3/14question [15] 3/16 4/7 4/23 5/9 5/18 5/18 8/1 8/15 9/7 11/15 11/17 11/23 12/3 12/25 14/2questions [8] 3/25 4/9 4/22 5/22 5/24 6/5 9/10 9/23quite [2] 3/10 12/25quoting [1] 15/2

RRABER [3] 2/10 6/18 8/25Raber's [1] 13/4raise [1] 5/9raised [1] 5/10reach [4] 3/19 5/13 7/22 14/21reaching [2] 7/25 10/16read [2] 6/11 16/6readdress [1] 6/6reads [1] 12/3readvise [1] 6/4readvised [1] 4/21ready [1] 11/19really [1] 9/17Realtime [1] 17/5reasonable [1] 8/24recall [1] 3/14receive [1] 7/11received [2] 7/19 12/2recess [9] 7/14 7/16 13/11 14/21 14/24 16/3 16/8 16/25 17/1recessed [1] 4/16reconvene [1] 3/14record [2] 14/23 17/6redundant [1] 14/12regarding [4] 4/17 4/19 13/4 16/4Registered [1] 17/4reluctance [1] 5/11Remember [1] 16/3remind [1] 4/15reminded [1] 4/18reported [1] 16/5Reporter [4] 1/23 1/24 17/4 17/5require [1] 15/3reread [1] 9/6research [3] 13/12 15/17 16/7reservations [1] 8/23resolution [1] 6/1resolve [1] 4/6respect [1] 12/25response [2] 9/21 12/3restraint [1] 6/16

resume [2] 15/25 16/1resumed [1] 3/1retired [1] 15/6return [1] 11/2revoked [1] 11/25REYES [1] 2/10right [16] 3/13 6/2 7/14 7/18 10/2 10/5 11/4 11/7 12/2 12/18 13/20 14/7 14/20 15/20 15/22 15/23RIGHTS [1] 2/8RMR [2] 1/23 17/10ROJAS [2] 1/4 1/10room [2] 11/2 16/2RUBEN [1] 2/6run [1] 12/7

Ssalads [1] 7/1SALGADO [1] 2/12SANCHEZ [3] 1/7 1/7 1/13sandwiches [1] 7/1SAURABH [1] 2/7saying [1] 13/24says [2] 12/10 15/2schedule [1] 11/1scheduling [5] 8/10 8/15 9/17 10/13 13/1scheduling-wise [1] 8/10SCHONBRUN [1] 2/2Scruggs [1] 15/13seated [3] 10/5 11/4 15/22see [3] 6/6 9/12 12/13seed [1] 5/11send [1] 15/23sense [2] 3/23 9/21SEPLOW [1] 2/2served [1] 6/22settled [1] 3/9SHARAD [1] 2/7show [1] 6/25sign [1] 7/2SIMONE [1] 2/2sir [2] 10/6 11/5SORKIN [5] 2/5 3/5 4/2 8/4 9/14sorry [1] 5/1sort [1] 9/11sound [1] 14/12sounds [3] 8/23 11/9 12/15SOUTHERN [1] 1/1Spanish [1] 2/15specific [1] 4/23spent [1] 10/11sponte [1] 15/11stand [4] 7/14 14/21 16/8 16/25standpoint [1] 13/16start [1] 5/22state [2] 6/12 13/17stated [1] 6/9

STATES [3] 1/1 12/11 15/12stay [4] 8/16 8/20 8/23 14/22STEPHEN [1] 2/10straightforward [1] 11/15stranger [1] 5/8stream [1] 5/2sua [1] 15/11substance [1] 16/4suggest [1] 5/24suggestion [3] 13/4 13/4 13/23suggestions [1] 13/22sum [1] 11/6sure [2] 3/10 12/8surprise [1] 12/20SUZANNE [1] 2/12

Ttails [1] 9/13take [2] 12/6 13/25tell [9] 4/22 5/5 6/23 7/2 10/14 10/17 11/11 13/3 13/11ten [3] 7/2 7/10 16/1terms [2] 10/12 10/21testimony [1] 9/6Thank [2] 7/15 16/24thing [1] 6/19things [2] 5/8 9/4think [15] 3/18 3/23 4/6 4/12 6/16 6/19 8/13 8/18 9/1 9/15 9/20 9/21 11/10 11/11 14/3thinking [2] 8/8 8/19Thompkins [3] 7/6 11/18 11/21thought [2] 11/14 12/24three [3] 3/22 4/24 15/6three-and-a-half [1] 15/6Thursday [4] 3/13 3/25 4/15 6/9till [1] 16/8time [14] 6/7 6/13 11/8 11/10 11/23 11/25 12/5 12/5 12/24 13/11 13/19 13/24 13/25 16/12time-outs [2] 11/23 11/25today [2] 7/19 8/21told [1] 5/5tomorrow [8] 8/12 8/17 14/9 15/17 15/24 16/8 16/13 16/18tonight [3] 8/20 8/23 16/23transcript [2] 1/16 17/6trial [2] 1/16 3/9

try [1] 6/2trying [1] 8/10two [4] 3/22 11/20 11/21 12/1two-minute [1] 12/1

UU.S [1] 1/18unable [1] 8/20unanimous [3] 3/19 5/13 6/3understand [2] 8/19 9/19understands [1] 5/5understood [1] 4/12undertake [1] 14/5unfortunately [1] 13/8UNITED [3] 1/1 12/11 15/12unusual [2] 5/11 7/20

Vvaluable [1] 13/19verdict [3] 7/25 10/16 13/9versus [2] 12/12 15/12voluntarily [2] 4/4 5/20vote [1] 10/14

Wwant [7] 3/20 10/14 10/17 10/23 10/24 13/19 14/12watch [1] 16/6way [8] 3/5 5/17 8/3 8/15 9/12 9/17 10/24 12/24ways [1] 8/14we've [3] 9/1 14/20 15/14week [1] 4/4weekend [2] 9/9 10/9weigh [1] 8/25WEIL [1] 2/6well [13] 3/4 4/15 5/9 5/15 6/4 6/23 6/25 9/1 13/3 13/9 14/6 14/11 14/20whatsoever [1] 14/19whoop [1] 11/7whooping [1] 11/9wife [1] 8/22wife's [1] 8/21WILLIAMS [1] 2/9willing [3] 5/19 5/19 5/23wise [2] 8/10 14/3wish [1] 8/25withholding [1] 7/13witness [1] 9/7WL [1] 12/12work [1] 10/10worked [1] 3/10working [1] 6/1

20


1 united states district court southern district ......case 1:07-cv-22459-jic document 493 entered...

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