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.
2
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
2
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
4
Kleiber - Direct
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.