By Rick Sallinger

DENVER (CBS4) – “It looks like we are going to have a trial.”

Those were the words of Federal Judge William Martinez after asking each side if a settlement is likely in the civil case of David Mueller vs. Taylor Swift.

The comment came at a pre-trail conference in open court.

Swift is a top star in the world of country and pop music.

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(Steve Exum/Getty Images)

Before a concert at the Pepsi Center in June of 2013, then-KYGO disc jockey David Mueller, who went by the name “Jackson,” allegedly grabbed Swift’s buttocks.

It was said to have occurred during a photo opportunity with Mueller, his companion, and Swift.

In a deposition, Swift said, “He took his hand and put it up my dress and grabbed onto my — cheek.”

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David Mueller (credit: KYGO)

Mueller strongly denied that he did that, and is suing Swift, claiming he lost his job over her allegations and subsequent conversations between her staff and his bosses.

The music star is counter suing, claiming she was the victim of assault and battery.

Mueller is being sanctioned by the court after an audio recording he secretly taped with one of his bosses was destroyed.

In his order, the judge wrote, “He was unjustifiably careless in his handling of evidence that he had a clear duty to preserve.”

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(credit: CBS)

After court was adjourned Judge Martinez issued an order excluding portions of the testimony from Dr. Lorraine Bayard de Volo, the chair of Women and Gender Studies at the University of Colorado Boulder.

The testimony excluded by the judge relates to the opinion from the witness, that “Sexual harassment and assault are fundamentally motivated by the perpetrator’s perceived need to assert power and to protect the perpetrator status.”  It continues: “Threats to Mr. Mueller’s perceived status is consistent with the well-settled academically accepted, perceived threats to status that motivate a man to commit sexual harassment or assault.”

Dr. De Volo will be allowed to testify about the delay between the alleged incident and Taylor Swift reporting it.

The trial is expected to attract a great deal of public attention.

Those wanting to be in the courtroom or view the overflow feed are being asked to line up no earlier than 6 a.m. each day of the trial.

Passes will be given out for morning and afternoon sessions.

Swift and Mueller could each be asked to testify twice.

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(credit: CBS)

The selection of a jury is scheduled for Monday, Aug. 7. The judge expects to have a panel seated by the end of that day.

Opening statements are now set for Tuesday, Aug. 8. Each party will be given 20 minutes.

Besides Swift, Mueller has also named her mother, Andrea Swift, and Frank Bell, a member of Swift’s management staff.

Attorneys involved in the case are now in their final steps of preparation for what could be a sensational trial, unless a settlement is reached.

The trial is set for nine days, but could be shorter in duration.

CBS4’s Rick Sallinger is a Peabody award winning reporter who has been with the station more than two decades doing hard news and investigative reporting. Follow him on Twitter @ricksallinger.


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