Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:04-cv-01227-MSK-PAC

Document 89

Filed 09/07/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1227-MSK-PAC DAVID CORTNEY BISHOP, Plaintiff, v. UNITED PARCEL SERVICE, CO., a Delaware Corporation, Defendant.

JOINT P ROPOSED VOIR DIRE QUESTIONS
Plaintiff David Cortney Bishop and Defendant United Parcel Service Co. jointly submit the following proposed voir dire questions to be used by the Court. In addition to inquiring about basic background information concerning employment, employment of immediate family members, prior litigation or jury experience, and the like, the Parties request that the Court pose the following additional questions to the prospective jurors: 1. 2. 3. What is your educational background? What is your occupation and where do you work? Do you enjoy your work? What would you like to be doing in 10 years?

4. What is your marital status? What is your spouse's or significant other's occupation and where do they work? 5. 6. 7. watching? 8. Do you have any children, and if so, what are their ages? If you have grown children, what jobs do they have? What hobbies do you enjoy? What sports do you enjoy participating in or What do you like to read? What do you like to watch on television?

Case 1:04-cv-01227-MSK-PAC

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9. Have you ever been in the military? If so, in what service? What was your rank? What was your assignment? 10. Have you ever belonged to a labor union?

11. When was the last time you has to search for work? How did you go about your job search? Did you get a new job? How long did it take you to get a new job? 12. Which of you have been responsible for supervising others or evaluating their performance, either at work or in other situations? 13. Do any of you have trouble giving negative feedback or criticism of someone's performance? 14. Do any of you have trouble accepting criticism? How do you react when you receive it? 15. Has anyone ever had to decide whether to terminate someone's employment? What did you decide? How did you feel about your decision? 16. Has anyone ever been fired from a job? How did you react? Did you sue, file a grievance, or make any other kind of formal complaint? What was the outcome? 17. Has anyone ever had to decide whether to discipline an employee? How did you feel about your decision? 18. 19. Does anyone have any medical training? Has anyone ever had a bad experience with a doctor?

20. Has anyone received training or education concerning employment discrimination, such as gender discrimination, disability discrimination, or retaliation? Will you be able to set aside your prior knowledge and understanding of these subjects and made a decision in this case based solely on the evidence and the law presented during this trial? 21. Has anyone taken leave from work for the birth of a child, a serious health condition, or another reason? Do you feel that you were treated fairly by your employer with regard to your leave and returning from your leave? Do you feel that you should have been entitled to more leave or better treatment by your employer? 22. Does anyone feel that they, or someone close to them, has been treated unfairly by an employer or by a supervisor?

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23. Does anyone, or someone close to you, suffer from depression or another mental health condition? Can you set aside your prior knowledge or experience of these condition and judge this case based solely on the evidence and the law presented? 24. Does anyone, or someone close to you, suffer from any other illness or disability?

25. Has anyone, or someone close to you, work in the mental health profession? If so, please explain. 26. issues? What is your attitude towards people who seek treatment for mental health

27. Has anyone, or someone close to you, ever practiced law, or worked in any legal related field such as a paralegal, jury consultant, expert witness or the like? 28. Please describe how you feel about jury duty and about being here today as a possible member of this jury? Would you like to serve on the jury? Would you find it disagreeable or unpleasant to serve on the jury? 29. Are there any personal commitments, obligations or the like that would make it difficult for you to serve on the jury? 30. Is there anything at all about yourself that would make it difficult for you to be fair and impartial in deciding this case? 31. Based upon what you have heard about this case so far, is there anything that you believe the parties and the court should know about your attitudes or feelings that you would care to tell us? 32. To what, if any, radio talk shows do you listen to?

33. Which of the following television shows do you watch CSI, Cold Case, Law & Order, or COPS? Have you or a member of your family ever worked as a commissioned sales person? 34. Have you or someone close to you ever been employed by UPS?

35. Have you or a member of your family ever utilized benefits available under the Family and Medical Leave Act? 36. Have you or a member of your family ever taken time off work due to medical reasons? 37. under you? Have you ever worked in a supervisory capacity, or had people working

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38. Do you believe that each and every performance expectation of an employee should be set forth explicitly in writing? 39. Do you believe that an employer has the right to follow-up with employees to check on their performance or the progress of their work assignments? 40. Have you ever been involved in firing or disciplining an employee? How did you feel about it? 41. Have you, or a member of your immediate family, ever filed a claim of discrimination or retaliation against an employer? 42. employer? Have you ever filed an internal complaint of discrimination with your

43. Have you ever felt that you were a victim of discrimination or retaliation at the workplace? 44. Do you believe that there are too many unjustified lawsuits filed by employees? 45. Do you believe that an individual who files a lawsuit against a company ought to prevail simply because the company may have a "deep pocket"? Dated this 7th day of September 2005.

/s/ Hollie L. Wieland Hollie L. Wieland SEARS & SWANSON, P.C. 2 North Cascade Suite 1250 Colorado Springs, CO 80903 (719) 471-1984 (719) 577-4356 facsimile Attorney for Plaintiff hollie@sears&swanson.com

/s/ Christie L. Ryan Christie L. Ryan HOLLAND & HART, LLP 90 South Cascade Suite 1000 Colorado Springs, CO 80903 (719) 475-7730 (719) 634-2461 facsimile Attorney for Defendant [email protected]

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CERTIFICATE OF SERVICE I hereby certify that on September 7, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification to all counsel of record.

s/Christie L. Ryan Christie L. Ryan, Esq. ATTORNEY FOR DEFENDANT HOLLAND & HART LLP 90 S. Cascade Ave., Suite 1000 Colorado Springs, CO 80903-1645 (719) 475-6463 (719) 632-2461 fax [email protected]

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