DB ORIGINAL CMKM DIAMONDS, INC. APPEARANCES: FOR THE PLAINTIFF: FOR THE DEFENDANTS: COURT RECORDER: JILL HAWKINS District Court DISTRICT COURT CLARK COUNTY, NEVADA Plaintift URBAN CASAVANT, et al. Defendants BEFORE THE HONORABLE ELIZABETH GONZALEZ, JURY TRIAL - DAY 2 FRIDAY, AUGUST 19, BILL FRIZZELL, DANIEL STEWART, WILLIAM SHEPHERD, JAMES R. CONDO, ESQ. ~ FUGAZ2I, PATRICIA REFO, ALEXANDER L ANDY STONE, FILED IN OPEN COI ‘STEVEN D. GRIERSON CLERK OF THE COURT CASE NO. A~S40161 DEPT. NO. XT Transcript of Proceedings DISTRICT COURT JUDGE 2011 onsaT TRANS “ans of Progoed sacs? za TT ESQ. ESQ. ESQ. Pe 4 Eso. ESQ. ESQ. TRANSCRIPTION BY: FLORENCE HOYT Las Vegas, Nevada 89146 Proceedings recorded by audio-visual recording, transcript produced by transcription service. 18°LAS VEGAS, NEVADA, FRIDAY, AUGUST 19, 2011, 9:45 A.M. (Court was called to order) (Jury is not present) COURT: Good morning, gentlemen and ladies. MR. STEWART: Good morning, Your Honor. MR. FUGAZ2I: Good morning, Your Honor. MS. REFO: Good morning, Your Honor THE COURT: Our first juror, Juror Number 1, was sitting in the seat next to where Dan would usually be, has been in tears for about half hour. She apparently did not realize that the trial was for three weeks and has no vacation time, has been told she only gets paid for three days, and says there's no way she's going to be able to pay attention, because she is going to be emotionally distraught throughout the entire proceedings. Do you want me to bring her in so you can ask her questions, or do you have something else you'd like to tell me your preference is? MR. CONDO: My preference is that she be excused, Your Honor. MR. SHEPHERD: That's our preference too, Judge. THE COURT: Okay. Then if you would bring her in, Dameda, we are going to excuse the juror seated in Seat Number 1, and I am going to seat Number 10, the alternate, as a juror because that was our first alternate. THE MARSHAL: So do you want Jon to bring Juror10 a 12 13 14 1s 16 a7 18 19 20 2a 22 23 24 25 Nomber 1 in? THE COURT: Isn't that usually what I do when T excuse them? So bring her in. See why I always get a lot of alternates? [t's just it's better to be safe than sorry. MR. STEWAR’ Absolutely. THE COURT: Did everybody have a nice evening? MR. SHEPHERD: Yes. MR. CONDO: We did Your Honor. Do you have any more ~ THE COURT: Do you know that not a single case this morning both sides showed up on. MS. REFO: Really? Whoa. MR. CONDO: I don't even know what to say to that. MS. REFO: I don't, either. THE COURT: We made lots of phone calls to people who didn't show up. MS. REFO: Oh, my goodness. MR. CONDO: I don't even know what to say to that. THE COURT: I only issued one sanction, so ~ Do T have more information about what? You wanted to know more information? MS. REFO: About -- MR, CONDO: I'11 ask the question after she's -- (Pause in the proceedings)