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EXHIBIT a CASE 0:20-Cv-01302-WMW-DTS Doc CASE 0:20-cv-01302-WMW-DTS Doc. 219-1 Filed 09/03/21 Page 1 of 78 Goyette, et al. vs. City of Minneapolis, et al. July 28, 2021 1 3 1 UNITED STATES DISTRICT COURT 1 I N D E X DISTRICT OF MINNESOTA 2 2 PLAINTIFFS' WITNESSES: PAGE ----------------------------------------------------------- 3 ) 3 EDWARD OU (Via Zoom) Jared Goyette, Craig Lassig, ) File No. 20-CV-1302 Direct Examination By Ms. Foster 10 4 Katie Nelson, Tannen Maury, ) (WMW/DTS) 4 Cross Examination By Ms. Landrum 69 Stephen Maturen, Michael Shum,) Redirect Examination By Ms. Foster 93 5 and The Communications ) 5 Workers of America, on behalf ) St. Paul, Minnesota CHRISTOPHER TUITE 6 of themselves and other ) July 28, 2021 6 Direct Examination By Ms. McGarraugh 94 similarly-situated individuals, ) 9:17 a.m. Cross Examination By Mr. Hsu 128 7 ) 7 Redirect Examination By Ms. McGarraugh 141 Plaintiffs, ) 8 ) 8 vs. ) DEFENDANTS' WITNESSES: 9 ) 9 City of Minneapolis; Medaria ) JOHN HARRINGTON 10 Arradondo, Minneapolis Chief of ) 10 Direct Examination By Mr. Hsu 147 Police, in his individual and ) Cross Examination By Mr. Riach 176 11 official capacity; Robert ) 11 Kroll, Minneapolis Police ) JOSEPH DWYER 12 Lieutenant, in his individual ) 12 Direct Examination By Ms. Landrum 200 and official capacity; John ) Cross Examination By Mr. Riach 259 13 Harrington, Minnesota ) 13 Redirect Examination By Ms. Landrum 299 Department of Public Safety ) Recross Examination By Mr. Riach 304 14 Commissioner, in his individual ) 14 Examination By the Court 305 and official capacity; Matthew ) 15 Langer, Minnesota State Patrol ) Colonel, in his individual and ) 15 16 official capacity; and John ) Does, 1-4, in their individual ) 16 17 and official capacities, ) PLAINTIFFS' EXHIBITS REC'D ) 17 1 119 18 Defendants. 3 100 18 4-A 115 19 ----------------------------------------------------------- 4-B 117 19 5 122 20 BEFORE THE HONORABLE WILHELMINA M. WRIGHT 6 122 UNITED STATES DISTRICT COURT JUDGE 20 8 56 21 9 44 (MOTIONS HEARING) 21 10 34 22 12 37 22 14 25 23 27 310 23 37 290 24 68 195 Proceedings reported by court reporter; transcript 24 71 185 25 produced by computer. 25 2 4 1 APPEARANCES 1 I N D E X (Cont.) 2 For the Plaintiffs: Fredrikson & Byron, PA DULCE J. FOSTER, ESQ. 3 PARI McGARRAUGH, ESQ. 2 KAREN G. SCHANFIELD, ESQ. DEFENDANTS' EXHIBITS REC'D 4 Suite 4000 200 South Sixth Street 3 1 202 5 Minneapolis, Minnesota 55402 2 206 4 7 268 6 ACLU of Minnesota TERESA J. NELSON, ESQ. 10 310 7 ISABELLA S. NASCIMENTO, ESQ. 5 11 209 P.O. Box 14720 8 Minneapolis, Minnesota 55414 12 203 6 15 155 9 The Law Office of Kevin C. Riach KEVIN C. RIACH, ESQ. 19 205 10 P.O. Box 270815 7 21 248 Vadnais Heights, Minnesota 55127 11 22 249 For Defendants City of Minneapolis City Attorney's 8 41 226 12 Minneapolis and Chief Office Medaria Arradondo: HEATHER PASSE ROBERTSON, ESQ. 42 215 13 KRISTIN R. SARFF, ESQ. 9 43 242 SHARDA R. ENSLIN, ESQ. 14 Room 210 350 South Fifth Street 10 15 Minneapolis, Minnesota 55415 11 16 For Defendant Kelly & Lemmons, P.A. 12 Lieutenant Robert JOSEPH A. KELLY, ESQ. 13 17 Kroll: Suite 200 2350 Wycliff Street 14 18 St. Paul, Minnesota 55114 15 19 For Defendants Minnesota Attorney General's 16 Commissioner John Office 17 20 Harrington and Colonel ALEXANDER HSU, ESQ. Matthew Langer: KATHRYN IVERSON LANDRUM, ESQ. 18 21 JOSEPH D. WEINER, ESQ. 19 Suite 1100 22 445 Minnesota Street 20 St. Paul, Minnesota 55101 21 23 22 Court Reporter: LORI A. SIMPSON, RMR-CRR 24 Suite 146 23 316 North Robert Street 24 25 St. Paul, Minnesota 55101 25 Lori A. Simpson, RMR-CRR 651-848-1225 Page 1 to Page 4 EXHIBIT A CASE 0:20-cv-01302-WMW-DTS Doc. 219-1 Filed 09/03/21 Page 2 of 78 Goyette, et al. vs. City of Minneapolis, et al. July 28, 2021 5 7 1 P R O C E E D I N G S 1 being sequestered. We would like for him to hear the 2 IN OPEN COURT 2 testimony of the two witnesses so that he may respond to it. 3 LAW CLERK: The United States District Court for 3 And there is no basis to sequester otherwise. 4 the District of Minnesota is now in session. The case 4 THE COURT: You may respond or reply. 5 number is 20-CV-1302, Jared Goyette, et al. vs. City of 5 MR. RIACH: Your Honor, when the witnesses are 6 Minneapolis, et al. 6 testifying, they can certainly be asked questions that are 7 Counsel, please identify yourselves for the 7 relevant to testimony that has come before, but we think 8 purposes of the record. 8 it's important to have testimony that hasn't been impacted 9 MS. FOSTER: Your Honor, Dulce Foster on behalf of 9 by the statements that have been given by other witnesses in 10 the plaintiffs. I'm here today with Kevin Riach, Pari 10 this case. 11 McGarraugh, and Karen Schanfield. 11 THE COURT: I'm going to grant the motion. 12 THE COURT: Thank you. Good morning, Ms. Foster. 12 Nonparty witnesses shall be excluded. As I understand it, 13 MS. LANDRUM: Good morning, Your Honor. Kathryn 13 Commissioner Harrington is a party and so he may remain, but 14 Iverson Landrum here on behalf of the Minnesota State Patrol 14 the one other gentleman, I believe it is a gentleman that 15 and the Minnesota Department of Public Safety. With me is 15 you addressed, will need to be removed or sequestered until 16 Joseph Weiner, Assistant Attorney General; Alexander Hsu, 16 his testimony or her testimony. 17 Assistant Attorney General; and Shirley Kosek, a paralegal 17 MS. LANDRUM: Understood. Thank you, Your Honor. 18 with our office. 18 THE COURT: Okay. Is there anything else that we 19 THE COURT: Okay. Good morning, everyone. 19 need to address? 20 And as an initial matter, we are here for the 20 MR. WEINER: Your Honor, yes, just one 21 preliminary injunction hearing today and I would like to 21 additional -- 22 remind everyone to please keep your face masks on while 22 COURT REPORTER: If you could stay near the 23 you're in the courtroom. Counsel or other participants, you 23 microphone, that would be -- 24 may remove your face mask temporarily while you are 24 MR. WEINER: Is this any better? 25 addressing the Court provided that you are appropriately 25 THE COURT: It's fine, but also if you would like 6 8 1 distanced from each other and all others around you. 1 to remain seated, you may do so. 2 I believe there are people who are listening by 2 MR. WEINER: Given the microphone situation, maybe 3 telephone. If you are not listening -- I'm sorry. If you 3 I will do that. 4 are not speaking, please mute your device, and you can do 4 THE COURT: Okay. 5 that either by pressing star 6 or by using the mute on your 5 MR. WEINER: Your Honor, we would just like some 6 own device. 6 clarity as to the text order that was entered this morning 7 I will remind everyone that pursuant to General 7 regarding the confidential documents that are going -- and 8 Order No. 15 that was issued by Chief Judge Tunheim on 8 the closing of the courtroom. We just want to make sure 9 January 15, 2021, it is strictly prohibited for anyone to 9 that this applies only to parties and not to other 10 record or broadcast any hearing in whole or in part in any 10 individuals who may be testifying today but are not parties, 11 fashion, and that applies to this hearing as well. 11 and that those individuals will be excluded in the event 12 Are there any preliminary matters that need to be 12 that there's any confidential documents or exhibits that are 13 addressed at this time before we move to witness testimony? 13 put before the Court. 14 MR. RIACH: One quick housekeeping matter for the 14 THE COURT: You're asking whether nonparties need 15 plaintiffs, Your Honor. We would ask that nonparty 15 to be excluded when confidential information is being 16 witnesses be sequestered during the hearing. I believe that 16 addressed; is that correct? 17 would impact two witnesses. Once a witness is done 17 MR. WEINER: Yes, Your Honor, and specifically 18 testifying, then I think we have no objection to their 18 talking about the witnesses that the plaintiffs have 19 presence in the courtroom. 19 identified today, neither of whom are parties to this 20 THE COURT: Okay. Does anybody wish to be heard 20 matter, and just making sure that -- 21 on that matter? 21 THE COURT: You said who are or who are not? 22 MS. LANDRUM: Yes, Your Honor. Thank you. We 22 MR. WEINER: Are testifying today, yes, Your 23 have two witnesses that we will be calling today. One is a 23 Honor. 24 party, Commissioner Harrington. He is here with us today. 24 THE COURT: Are they parties to the matter? 25 We would object to our second witness, Major Joseph Dwyer, 25 MR. WEINER: They are not parties to this matter Lori A. Simpson, RMR-CRR 651-848-1225 Page 5 to Page 8 EXHIBIT A CASE 0:20-cv-01302-WMW-DTS Doc. 219-1 Filed 09/03/21 Page 3 of 78 Goyette, et al.
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