Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:01-cv-01807-MSK-MJW

Document 476

Filed 06/25/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 01-cv-01807-MSK-MJW BANK ONE, N.A., (Successor to Bank One, Colorado, N.A.) and BANK ONE TRUST COMPANY, N.A., as Trustee of the Dora Lucille Jamison Trust and the Jamison Family Trust, Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners and JOHNNY ON THE SPOT, INC., Defendants.

BOULDER CLEANERS, INC., and JOHN'S CLEANERS, INC. Cross-Plaintiffs, v. C.V.Y. CORPORATION, d/b/a Your Valet Cleaners, Cross-Defendant.

PROPOSED VOIR DIRE

Pursuant to MSK Practice Standards (Civil) IV.E.4, Plaintiffs Bank One, N.A. and Bank One Trust Company, N.A. (collectively, "Plaintiffs"), and Defendants C.V.Y. Corporation, d/b/a Your Valet Cleaners, and Johnny on the Spot, Inc. (collectively, "Defendants"), submit the

Case 1:01-cv-01807-MSK-MJW

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following proposed voir dire of prospective jurors in this case. The parties hereby reserve the right to supplement or amend their proposed voir dire. Dated: June 25, 2007. Respectfully submitted, MONTGOMERY, KOLODNY, AMATUZIO & DUSBABEK, L.L.P. DAVIS GRAHAM & STUBBS LLP

By s/ C. Michael Montgomery C. Michael Montgomery Max K. Jones, Jr. 1775 Sherman St., 21st Floor Denver, Colorado 80203 Telephone: (303) 592-6600 Fax: (303) 592-6666 E-mail: [email protected] [email protected] Attorneys for the Defendants C.V.Y. Corporation, d/b/a Your Valet Cleaners, and Johnny on the Spot, Inc.

By s/ Jonathan W. Rauchway Laura J. Riese Jonathan W. Rauchway 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Telephone: (303) 892-9400 Facsimile: (303) 893-1379 E-mail: [email protected] Attorneys for Plaintiffs Bank One, N.A., and Bank One Trust Company, N.A.

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Case 1:01-cv-01807-MSK-MJW

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1.

Are you currently working?

a. b. c. d. 2.

If yes, what is your current occupation and employer? If yes, are you employed full time or part time? Does your job involve supervising other people? If so, how many? If no, what was your occupation and where were you working most recently?

What is your marital status?

a. 3.

If married or partnered, what is your spouse's or partner's occupation?

Do you have any children?

a. b. 4. 5. 6. 7.

If yes, how many and how old are they? If they work, what are their occupations?

What is your level of education? What professional, social, civic or other organizations do you belong to? How active are you in these organizations? Are you a registered voter? Have you ever served on a jury before?

a. b. c. 8.

If yes, how many times? If yes, what type of case or cases, civil or criminal? If yes, did the jury reach a verdict?

Have you ever appeared as a witness in court, or given a statement under oath in any type of legal proceeding?

a. 9. 10.

If yes, please describe the circumstances:

Do you have trouble sitting for long periods of time? Do you regularly take medication?

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a. 11.

If yes, what is the medication and does it cause drowsiness or inability to concentrate?

Do you have responsibilities or other problems that would prevent you from serving as a juror or keep you from concentrating your full attention and effort on this case?

a. 12.

If yes, please explain:

Have you, or has someone close to you, had any training or work experience in any of the following:

a. b. c. d. e. f. g. h. 13.

Handling or cleaning up hazardous waste Environmental remediation Toxicology Chemistry Hydrogeology Dry cleaning Environmental Law Environmental Insurance

Some people get their news from television, others from newspapers, others from the internet. How many people here use television as their primary source of news? How many people use newspapers as their primary source of news? How many people use the internet as their primary source of news? What grocery store do you primarily shop at? Do you recycle? Have you or has any one in your immediate family ever sued or been sued or been to court for any reason other than divorce?

14. 15. 16.

a.

If yes, please answer the following:

(i) (ii)

Who sued or was sued? What kind of dispute was involved?

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(iii) 17. 18. 19.

What was the outcome of the suit?

Have you, or has someone close to you, ever had a negative experience with a bank? If yes, please explain the circumstances. Have you, or has someone close to you, ever had a negative experience with a dry cleaners? If yes, please explain. This case involves a bank and a trust suing two small corporations with respect to soil and groundwater contamination. Does anybody feel, for whatever reason, that they may have some trouble being a fair and impartial juror? Is there anything about this kind of lawsuit that you feel uncomfortable about? Do you believe that you have any feelings either for or against banks? Do you believe that you have any feelings either for or against dry cleaners? Who here feels lawsuit damage awards are too large? Is there anyone here who would be unable to award multi-millions of dollars in damages to the plaintiff in a lawsuit, no matter what the evidence showed? Who here agrees that it is more fair for a big bank to have to pay for something rather than a small business, just because the bank has lots of money? Does anyone know any of the lawyers in this case?

20. 21. 22. 23. 24. 25. 26.

a. 27. 28. 29. 30. 31. 32.

If so, who do you know?

Does anyone know any of the people who work in the law firms involved in this case? Do any of you know any Bank One employees? Have any of you banked at Bank One or had any other connection with Bank One? Have you or someone close to you ever worked at Travelers Property Casualty Insurance Company, sometimes called just "Travelers Insurance Company?" Do you hold any stock in Travelers Insurance Company? Have you, or has someone close to you, ever had a negative experience with any of the parties in this case?

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33. 34. 35.

Is there any reason you believe either of the parties would not want you to serve on the jury? If yes, please explain. Is there anything you would like to bring to the Court's attention that might affect your ability to render a fair verdict in this case? Do you know any of parties or witnesses in this case? (Please read the names of all witnesses, and parties.)

a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p. q. r.

Adrian Brown Brian J. Glade Conrad Steller David Livingston David Rau Eugene Weiner Gregg Brown Harvey Luckett John J. Yelenick Julie Florez Jim Hiller Jack Hempstead John A. Yelenick John Rohde John Sidwell Kendall Holm Lorraine Marlowe Mike Ellwood

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s. t. u. v. w. x. y. z. aa. bb. cc. dd. ee. ff. gg. hh. ii. jj. kk. ll.

Mark Levorsen Paul Border Rosemarie Duran Ronald Hatchard Robert Little Seymour Katzson Warren "Nick" Marble Walter Avramenko Phil Baggerly John Ellwood William Ellwood William Ellwood, Sr. Mary Griggs Candace Jamison Cheri Jamison Linda Jamison Suzanne Lambdin Ed Martinez Larry Montgomery W. Scott Reichenberg

mm. Donald E. Sack nn. oo.
Scott Sarbaugh Rich Sheahan

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pp. qq. rr. ss. tt. 36.

Mary Jo Short Deter Smart David Walker Ann Yelenick Mary Yelenick

Have you or any member of your family or any close friend had any business dealings with:

a. b. c. d. e. f. g. h. i. j. k. l. m. n. o. p.

John A. Yelenick John J. Yelenick Ann Yelenick Mary Yelenick Joseph Yelenick James Yelenick C.V.Y. Corporation Your Valet Cleaners Johnny on the Spot, Inc. Boulder Cleaners, Inc. John's Cleaners, Inc. The Dugout, Inc. Bank One, N.A. Bank One Colorado, N.A. Bank One Trust Company, N.A. The Frank G. Jamison Family Trust

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q. r. s. t. u. v. w. x. y. z. 37. 38. 39. 40. 41. 42. 43. 44.

The Frank G. Jamison Trust The Dora Lucille Jamison Trust The Jamison Family Trust United Bank of Boulder First National Bank in Boulder, N.A. Affiliated First National Bank ­ Boulder Affiliated Bankshares of Colorado, Inc. JPMorgan Chase Bank, N.A. Jamison Properties, Inc. Travelers Property Casualty Insurance Company, sometimes called just "Travelers Insurance Company".

Generally speaking, do you think the environment in the area where you live is good, average, or sometimes good, sometimes bad? What do you think about global warming? Does anyone think it is a hoax? How about greatly exaggerated? Who here thinks that environmental regulations are too strict, that government needs to butt out and let people do business? Who thinks that sometimes a little bit of environmental contamination is an unavoidable part of doing business? Who here saw the movie "Erin Brockovich?" Did you like it? What did you think about it? Who here saw the movie "An Inconvenient Truth" Did you like it? What did you think about it? Have you ever been a member of any environmental or conservation group or organization? Have you or any member of your family or any close friend ever suffered from any form of cancer?

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45. 46. 47. 48. 49. 50. 51. 52. 53. 54.

Have you or any member of your family or any close friend ever had any harmful exposure to a solvent? Have you or any member of your family or any close friend ever worked for a dry cleaning establishment? Have you or any member of your family or any close friend ever worked for a bank or trust company? Do you know what a fiduciary is? What does a fiduciary do? Have you or any member of your family or any close friend ever served as a fiduciary? Do you think a fiduciary should be careful to protect property entrusted to it? Have you or any member of your family or any close friend ever been effected by or involved in any way with any pollution or contamination of the environment? Have you heard any news reports or read any articles about soil or groundwater contamination in the Boulder area? What have you read or heard? This case concerns former dry cleaning activities at a building located at 2520 Broadway in Boulder, Colorado (near the intersection of Broadway and North). Have you ever visited this building? Have you or any member of your family or any close friend ever been a customer at Your Valet Cleaners located at 2520 Broadway in Boulder, Colorado (near the intersection of Broadway and North)?

55.

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Case 1:01-cv-01807-MSK-MJW

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CERTIFICATE OF SERVICE I hereby certify that on June 25, 2007, I electronically filed the foregoing PROPOSED VOIR DIRE with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: C. Michael Montgomery, Esq. Max K. Jones, Jr. Esq. Montgomery, Kolodny, Amatuzio & Dusbabek LLP 1775 Sherman Street, 21st Floor Denver, Colorado 80203 Scott Jurdem, Esq. Buchanan, Jurdem & Cederberg, P.C. 1621 18th Street, Suite 260 Denver, Colorado 80202 s/ Judy Terranova

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