United States District Court

CIVIL MINUTES - GENERAL

In Re: 3M Combat Arms Earplug Date: June 17, 2021

Products Liability Litigation Case No.: 3:19md2885 

Relates to: 7:20cv39 (Baker) Judge M. Casey Rodgers

Magistrate Judge Gary R. Jones 

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DOCKET ENTRY: Jury Trial (Day 9)

Witness testimony heard and evidence admitted. Jury Trial to resume on Friday, June 18, 2021 at

8:00 am.

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PRESENT : HONORABLE M. CASEY RODGERS U.S. DISTRICT JUDGE

Susan Simms Donna Boland Hillary Dang/Justin Ferraro

Deputy Clerk Court Reporter Law Clerk

APPEARANCES: 

Appearances for Plaintiffs: Sean Tracey, David Buchanan, Shelley Hutson, Michael Sacchet, 

and Megan Odom 

Appearances for Defendants: Kimberly Branscome, Jay Bhimani, Craig Castiglia, Micah Brown, 

Allie Ozurovich, and Charles Beall

PROCEEDINGS:

7:34 am Court in Session – Attorney Conference

Court and counsel review proposed jury instructions

7:59 am Court in Recess

8:03 am Court in Session - Jury Present

8:04 am Defendants expert witness Dr. GREGORY FLAMME sworn – Cross (Buchanan) 

resumes

Plaintiff Exhibits admitted: P-Gen #s 227, 497, 249

Demonstrative aid: P-Gen-9013 & P-Gen-2734

9:13 am Redirect (Branscome) of expert witness Dr. Gregory Flamme

9:25 am Court excuses jury and witness

9:35 am Jury Present

Redirect (Branscome) resume of expert witness Dr. Gregory Flamme

9:48 am Recross (Buchanan) of expert witness Dr. Gregory Flamme

Defendants witness DAVID BRIAN TONER – testimony by video deposition

9:55 am Defendants witness ANDREW McWILLIAMS – testimony by video deposition

10:06 am Jury Excused – Court in Recess

10:23 am Court in Session – Jury Present

Case 7:20-cv-00039-MCR-GRJ Document 179 Filed 06/17/21 Page 1 of 2
In Re: 3M Combat Arms Earplug Jury Trial

Products Liability Litigation Continued (Day 9) June 17, 2021

Page 2 of 2

Defendants witness Dr. JAMES CRAWFORD sworn – Direct (Bhimani)

10:47 am Court designates as an expert witness

Plaintiff Exhibit admitted: D-Gen-1187

11:23 am Cross (Tracey) of expert witness Dr. James Crawford

Plaintiff Exhibit admitted: P-Gen-6077

11:38 am Redirect (Bhimani) of expert witness Dr. James Crawford

11:49 am Court provides special instruction to the jury

11:42 am Defendant witness Dr. MARK STEPHENSON sworn (w/assistance of wife, Dr. Carol 

Stephenson) – Direct (Bhimani)

12:31 pm Jury Excused - Court in Recess 

1:04 pm Court in Session – Jury Present

Direct (Bhimani) resumes of witness Dr. Mark Stephenson

1:18 pm Court designates as an expert witness

2:18 pm Cross (Buchanan) of expert witness Dr. Mark Stephenson

Plaintiff Exhibits admitted: P-Gen #s 696, 1130, 1938

3:20 pm Jury Excused

Court and counsel discuss issues re: witness

3:34 pm Court in Recess

3:42 pm Court in Session – Jury Present

Cross (Buchanan) resumes of expert witness Dr. Mark Stephenson

Demonstrative aid: P-Gen-9061

4:08 pm Redirect (Bhimani) of expert witness Dr. Mark Stephenson

4:16 pm DEFENDANTS REST

Plaintiffs do not have a rebuttal case

4:22 pm Jury Excused

4:25 pm Defendants (Beall) argues Rule 50 motion for judgment as a matter of law

4:39 pm Plaintiff (Sacchet) argues Rule 50 motion for judgment as a matter of law

4:54 pm Defendants (Beall) responds

5:02 pm Plaintiff (Sacchet) responds

5:06 pm Court denies Defendants’ Rule 50 motion

Court denies in part, grants in part and defers in part Plaintiff’s Rule 50 motion

5:08 pm Court and counsel review proposed jury instructions

5:18 pm Court in Recess (until 8:00 am)

____________________________________________________________________________________

Date: June 17, 2021 Total Court Time: 8 hours, 42 minutes

Case 7:20-cv-00039-MCR-GRJ Document 179 Filed 06/17/21 Page 2 of 2