Free Proposed Voir Dire - District Court of Delaware - Delaware

Case 1 :06-cv-00725—Gl\/IS Document 59 Filed 03/31 /2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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KENNETH S. MITCHELL,
Plaintiff, E I
: Civil Action N0. 06-725 (GMS)
v. :
WACHOVIA CORPORATION, t/a
WACHOVIA SECURITIES, :
WACHOVIA SECURITIES, L.L.C., :
WACHOVIA SERVICES, INC., :
WACHOVIA BANK OF DELAWARE, N.A., :
TODD D. GAUTHIER, LYNN G. MEYER, :
CAROLYN J. BEAM, and :
DOROTHY A. DIFEBO, : ‘
Defendants.
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DEFENDANTS’ PROPOSED JURY VOIR DIRE QUESTIONS
Defendants respectfully submit the following proposed jury @ @ questions:
Personal Histog
a. What is your marital status? Please state the names of your spouse, your children,
and the names of any other persons with whom you reside.
b. Please state the ages of your spouse and children, their level of education and their
jobs.
c. How long have you lived at your cturent address?
d. Where were you bom?
e. Have you or any member of your family ever been in the military? If so, when and
for how long?
f. Please describe your educational background.
g. Do you have any medical problems or conditions which might affect your ability to
hear, see or otherwise consider evidence presented in the case and deliberate to reach
a verdict?
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Knowledge Of Parties, Counsel And Potential Witnesses
a. Are you acquainted in any way with plaintiff Kenneth Mitchell or his family or
friends? lf so, please describe the nature and extent of your relationship with Mr.
Mitchell.
b. Are you acquainted in any way with defendant Todd Gauthier or his family or
friends? lf so, please describe the nature and extent of your relationship with Mr.
Gauthier.
c. Are you acquainted in any way with defendant Carolyn Beam, or her family or
friends? If so, please describe the nature and extent of your relationship with Ms.
Beam.
d. Are you acquainted in any way with defendant Dorothy DiFebo or her family or
friends? If so, please describe the nature and extent of your relationship with Ms.
DiFebo.
e. Do you know or have you ever had any dealings with plaintiffs’ attorney Steven
Mones, or his finn, Biggs and Battaglia? lf so, please describe the nature and extent
of those contacts.
f. Do you know or have you ever had any dealings with defendants’ attorneys, Devjani
Mishra or Tara Smith Williams, or their law firm, Seyfarth Shaw? If so, please
describe the nature and extent of those contacts.
g. Do you know or have you ever had any dealings with defendants’ attorneys, Clark
Collins or James McMackin, or their law firm, Morris James? If so, please describe
the nature and extent of those contacts.
h. Does anyone know any of the following individuals: Ladan Amini, James Finney,
Lynn Meyer, Nancy Sorg, Dr. Frederick Kozma, Dr. Jorge Pereira-Ogan, Dr. Reynold
Agard, or Dr. Robert Minnehan? lf so, please describe the nature and extent of those
contacts.
i. Have you ever invested any money or maintained any accounts with either Wachovia
Securities, Wachovia Bank or Wachovia Corporation? If so, please describe your
experience.
j. Other than any individual banking or investing that you may have done, have you
ever had any other dealings with Wachovia Securities, Wachovia Bank or Wachovia
Corporation? lf so, please explain.
k. Do you know anyone who is now or has been employed with Wachovia Securities,
Wachovia Bank or Wachovia Corporation? If so, please state the name of any
person, your relationship with the person, when and where they were employed, and
what their job is or was.
l. Do you hold any favorable or unfavorable view of Wachovia Securities, Wachovia
Bank or Wachovia Corporation? If so, please explain.
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Corporations
a. D0 you feel that just because an individual has sued a company that he is entitled to
recover damages?
b. Do you feel any bias or prejudice against Wachovia Securities L.L.C. because it is a
corporation? Against Wachovia Bank, N.A.? Against Wachovia Services, Inc.?
Against Wachovia Corporation?
c. If the evidence justified it, could you find in favor of the defendants, even though
some of them are corporations?
Litigation Histog;
a. Have you or any member of your family ever been personally involved in a lawsuit,
either as a party, witness or otherwise? If so, please describe the nature of the
litigation and your association with it, including the type of case, whether you or the
other persons identified were a plaintiff or defendant, and the outcome of the case. In
general, what were your feelings about the experience? Did you believe the result
was fair or Lmfair and why?
b. Have you or any member of your family ever filed suit or a claim of discrimination or
any other type of charge? If so, please describe the nature of the charge or claim.
c. Have you or any member of your immediate family ever filed a grievance, charge,
complaint, arbitration, lawsuit or other type of protest against an employer? If so,
please state the circumstances surrounding the action, including the name of the
employer the nature of the protest, when this occurred, the outcome and the other
facts and circumstances surrounding the action.
d. Have you, any member of your immediate family or any close friend ever been
named as a defendant in a lawsuit? If so, please explain the nature of that lawsuit.
Employment History
a. Are you or have you ever been a supervisor or a member of management at any place
of employment? If so, please state when, for what employer, for how long and in
what position.
b. Have you ever been responsible for or participated in making a decision to discipline,
discharge, hire, promote or demote any person? How did you feel about the
experience? Did you think the person was treated properly? Did you feel the action
was unfair in any way? Please explain.
c. Have you, or has any member of your immediate family or household, ever been
treated unfairly by an employer? If so, please describe.
d. Have you, or has any member of your immediate family or household, ever
experienced any kind of hiring or job discrimination? If so, please state when this
occurred, the job involved, the employer involved, the reason or reasons given and
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any other details regarding the situation. Please describe your feelings regarding the
manner in which the employer handled the situation.
e. Have you, or has any member of your immediate family or household, ever been
accused of discriminating against another individual? If so, please describe the
circumstances.
General
a. Is there anything in your background about which you think we should know but have
not asked that could affect your ability to be a fair and impartial juror in this case?
MORRIS JAMES LLP
/s/ James H. McMackin
P. Clarkson Collins, Jr. (#739)
[email protected]
David H. Williams (#616)
dwil1iams@morrisj ames.com
James H. McMackin, III (#4284)
[email protected]
500 Delaware Avenue, Suite 1500
P.O. Box 2306
Wilmington, DE 19899
(302) 888-6800
SEYFARTH SHAW LLP
David Bennet Ross (admitted pro hac vice)
Devj ani Mishra (admitted pro hoc vice)
Tara Smith Williams (admitted pro hac vice)
620 Eighth Avenue, Suite 3100
New York, NY 10018
(212) 218-5500
Attorneys for Defendants
Dated: March 31, 2008
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