Pleading



UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WISCONSIN

EASTERN DIVISION

SARAH SMYTHE-RICHARDS and . Docket No. 07-CV-2735-JCS

ELIZABETH ANN MOODY, .

.

Plaintiffs, . Madison, Wisconsin

. Monday, July 9, 2007

v. . 9:00 a.m.

.

UNIVERSITY OF WISCONSIN .

BOARD OF REGENTS, et al., .

.

Defendants. .

. . . . . . . . . . . . . . .

VOLUME I

TRANSCRIPT OF TRIAL

BEFORE THE HONORABLE JOHN C. SIMONE

UNITED STATES DISTRICT JUDGE, and a jury.

APPEARANCES:

For the Plaintiffs: Sheridan & Fox, S.C.

By: MARY R. KENNELLY, ESQ.

49 East Midland Street, Suite 7

Madison, Wisconsin 53703

(608) 258-9625

For the Defendants: State Attorney General's Office

By: NADIM ETAN SABRAHAR, ESQ.

MICHAEL P. FONTELLE, ESQ.

P.O. Box 7857

Madison, Wisconsin 53707-7857

(608) 294-9544

Court Reporter: Renee DuPont

District Court Clerk's Office

120 North Henry Street, Room 320

Madison, Wisconsin 53701-0432

(608) 244-5156

Transcription Service: Blaupunkt Reporting Co.

201 North Verdaccio Street

Portertowne, Wisconsin 55745

(608) 722-7428

Proceedings recorded by electronic sound recording;

transcript produced by transcription service.

INDEX

OPENING STATEMENT: Page

On behalf of the Plaintiffs, by Ms. Kennelly 3

On behalf of the Defendants, by Mr. Sabrahar 12

Further

WITNESSES FOR THE Direct Cross Redirect Recross Redirect

PLAINTIFFS:

Bernard A. Kleiber 22 59

Louis Fish 73 82 85 109

WITNESSES FOR THE

DEFENDANTS:

Jerry Jorgensen 112 116 (Voir Dire)

118 147

MOTION: Mr. Sabrahar 111 Denied 112

MOTION: Ms. Kennelly 118 Denied 115

EXHIBITS: Marked Received

P-1 Jorgensen affidavit and extra damages 29 29

summary

P-2 Additional extra damages list 38 40

P-3 Performance appraisals, 1995 - 2006, 60 64

Smythe-Richards

P-4 Performance appraisals, 1997 - 2006, 75 --

Moody

ARGUMENT: Ms. Kennelly 165

RESPONSE: Mr. Sabrahar 172

MADISON, WISCONSIN, MONDAY, JULY 9, 2007, 9:00 A.M.

(Call to Order of the Court.)

THE COURT: Good morning, everyone. Let's call in the jury, unless there are matters to consider first. Ms. Kennelly?

MS. KENNELLY: No, Your Honor, we're ready.

MR. SABRAHAR: We have nothing to take up right now, Your Honor.

THE COURT: Good. Mr. Bailiff, please bring the jury from their waiting room.

(Proceedings continued in the presence of the jury.)

THE COURT: Good morning, ladies and gentlemen. Our first order of business will be brief statements of what this case is all about by Ms. Kennelly and Mr. Sabrahar, whom you met yesterday during the jury selection process. Ms. Kennelly will speak to you first.

Proceed, Ms. Kennelly.

PLAINTIFFS' OPENING STATEMENT

MS. KENNELLY: Thank you, Your Honor.

Ladies and gentlemen, as you know, this is an unusual case, in that we are here to decide whether a tenured

MS. KENNELLY: I'd like to call Mr. Kleiber.

THE COURT: Raise your right hand, sir, and the clerk will administer the oath.

BERNARD A. KLEIBER, PLAINTIFFS' WITNESS, SWORN

THE CLERK: State and spell your name for the record.

THE WITNESS: Bernard A. Kleiber, K-l-e-i-b-e-r.

THE CLERK: Be seated.

DIRECT EXAMINATION

BY MS. KENNELLY:

Q. Do you know either of the plaintiffs in this case, Ms. Moody or Ms. Smythe-Richards?

A. Yes, I do know them both.

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Text would continue until a witness is sworn, is on the stand, and is undergoing examination -- a PAGE HEADER would begin at that point, which requires a new section break. SEE the companion file, WordNote.doc for suggestions.

Text would continue with this PAGE HEADER until cross-examination begins, which requires another section break to insert the new Kleiber - Cross page header. SEE the companion file, WordNote.doc for suggestions.

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