Free Proposed Voir Dire - District Court of Delaware - Delaware

Case 1:O4—cv—O1282-JJF Document 126 Filed 05/O1/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AES PUERTO RICO, L.P., *
Plaintiff *
v. * C.A. No. ()4—l282~JJF
ALSTOM POWER INC., * j
Defendant. °*‘
DEFENDANT’S VOIR DIRE QUESTIONS
ALSTOM Power Inc. ("ALSTOl\/I"), defendant, by and through its undersigned counsel,
I respectfully requests that the following voir dire examination be administered to all prospective I
jurors in addition to the customary questions asked by the Couit.
l. This case involves a contract dispute between AES Puerto, L.P. and ALSTOM
Power Inc. related to the construction of a coal tired power plant in Guayama, Puerto Rico. Do
you have any information concerning this Project other than what you have been advised by the
Court during these proceedings today?
2. Do you, or any relative or close friend, have a personal acquaintance or do any
business with any ofthe patties to this case? The parties are AES Puerto Rico, L.P., of Delaware
and Puerto Rico and ALSTOM Power Inc. of Delaware and Connecticut. The partners that
compose AES Puerto Rico, L.P. are AES Puerto Rico, Inc. of the Cayman Islands and AES
Monroe Holdings, B.V. of the Netherlands.
3. Do you, or any relative or close friend, have a personal acquaintance or do any
business with either Duke/Fluor Caribbean, S.E. or Environmental Elements Corporation?

Case 1:O4—cv—O1282-JJF Document 126 Filed 05/O1/2006 Page 2 of 4 j
Duke/Fluor Caribbean, S.E. was a partnership between Duke Energy Corporation and Fluor
Corporation.
4. Do you, or any relative or close friend, have a personal acquaintance or do any
business with a company owned by or affiliated with The AES Corporation?
5. Do you, or any relative or close friend, have a personal acquaintance or do any
business with a company owned or affiliated with Duke Energy or Fluor Corporation?
6. Have you, or any members of your immediate family, ever held stock in J
Environmental Elements Corporation?
7. Do you, or any relative or close friend, have a personal acquaintance or
association with any of the lawyers representing the parties in this case? The lawyers
representing AES Puerto Rico, L.P. are John S. Spadaro, of the law firm Murphy Spadaro &
g Landon and Dane H. Butswinkas, R. Hackney Wiegmann, and Daniel D. Williams of the law J
firm Williams & Connolly LLP. The lawyers representing ALSTOM Power Inc. are Richard
Wier, Jr. and Daniel Scialpi of Richard R. Wier, Jr., P.A. and John Wolf, James Edwards, Jr.,
Anthony Vittoria, and Michael Schollaert, of the law firm Ober, Kaler, Grimes & Shriver, P.C.
J 8. Do you, or any relative or close friend, have a personal acquaintance with or J
know any of the following persons who might be called to testify as a witness? The witnesses
expected to be called for AES Puerto Rico, L.P. are: Carlos Alequin, John T. Baecher, Allan B.
Dyer, Stewart Ferguson, Richard Lunt, Jack McDonald, Ronald McFarland, Gamaliel Rivera,
Stuart Rosenberg, Willy Santiago, Elias Sostrc, Paul Stinson, David Stone and John Toher.
The witnesses expected to be called for ALSTOM Power Inc. are: Marlin Anderson,
~ Ronald Ballinger, Gary Bates, Thomas Coleman, Raymond Hickey, Jim Hipson, Karl `
Hogenefelt, William Jarvis, Otakar Jonas, Robert Kohl, Timothy Maidenford, Joseph Mair, Kim
2

Case 1:O4—cv—O1282-JJF Document 126 Filed 05/O1/2006 Page 3 of 4
Monroe, Paul Panos, Linda Rothe, Paul Stinson, John Toher, William Van Hooser, Thomas
I Wardell, Bruce Wilhelm. I
9. Are you, or any relative or close friend, employed in the power or environmental
pollution control industries?
I 10. Are you, or any relative or close friend, employed by any contractor providing
services to the power industry? p
1 1. Have you, or has any relative or close friend, ever been involved as a witness in a
civil proceeding involving an alleged breach of contract'?
12. Do any of you have any reason whatsoever why you would prefer not to serve as
a juror in this case? Q
13. Do any of you know any reason about which I have not asked you any questions
g in this case that you would feel would tend to make you prejudiced one way or another in this i
case?
Respectfully submitted,
gg a// gi; I
Richard R. Wier§rJr. (#716) I
Daniel W. Scialpi (#4146)
RICHARD R. WIER, JR., P.A.
Two Mill Road, Suite 200
Wilmington, Delaware 19806
(302) 8888222
John Anthony Wolf
James E. Edwards, Jr.
Anthony F. Vittoria ,
Michael A. Schollaert
OBER, KALER, GRIMES & SHRIVER
, A Professional Corporation .
120 East Baltimore Street
Baltimore, Maryland 21202-1643
(410) 685-1120
Fax: (410) 547-0699
3

Case 1 :04-cv-01282-JJF Document 126 Filed 05/O1/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I 1 HEREBY CERTIFY that, on this lst day of May, 2006, a copy ofthe foregoing was sent
by electronic mail to: l p
I John S. Spadaro, Esquire Daniel D. Williams, Esquire
_ Murphy Spadaro & Landon Williams & Connolly LLP s
p 101 l Centre Road, Suite 210 725 Twelfth Street, N.W.
5 Wilmington, Delaware 19805 Washington, D.C. 20005 I
t _ ,,,,, /47 5
Daniel W. Scialpi’”`#4146)
4