Free Uncategorized - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Quarles & Brady LLP
Firm State Bar No. 00443100 Renaissance One Two North Central Avenue Phoenix, AZ 85004-2391
TELEPHONE 602.229.5200

Lonnie J. Williams, Jr. (#005966) ([email protected]) Dawn C. Valdivia (#020715) ([email protected]) Luis F. Ramirez (#022653) ([email protected]) Attorneys for Plaintiff Marcela Johnson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Marcela Johnson, Plaintiff, v. Charles Schwab Corporation, Defendant. NO. CV 04-0790 PHX-EHC PLAINTIFF'S PROPOSED VOIR DIRE

Plaintiff Marcela Johnson, by and through undersigned counsel, pursuant to the Court's Order dated April 20, 2007, submits the following Proposed VOIR DIRE and respectfully requests that the questions be asked verbally. RESPECTFULLY SUBMITTED this 18th day of May, 2007. QUARLES & BRADY LLP By s/ Dawn C. Valdivia Lonnie J. Williams Dawn C. Valdivia Counsel for Plaintiff Marcela Johnson

Case 2:04-cv-00790-EHC

Document 182

Filed 05/18/2007

Page 1 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

I hereby certify that on May 18, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Joseph T Clees Michelle Hamilton Ganz Tibor Nagy Karen Gillen [email protected] [email protected] [email protected] [email protected]

A copy of this document was provided to The Honorable Earl H. Carroll. s/ Jeannie Fraser

Case 2:04-cv-00790-EHC

Document 182 -2-Filed 05/18/2007

Page 2 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Plaintiff's Proposed Voir Dire: 1. Have you, a family member or close personal friend, ever been a party to a lawsuit other than a divorce? (a) Who was involved in the lawsuit? (b) What type of lawsuit was it? (c) When and where was the lawsuit filed? (d) Was the lawsuit settled before trial? (e) If the lawsuit was tried, what was the result? (f) Was there anything about your experience with that lawsuit that would affect your ability to be a fair and impartial juror in this case? 2. Have you, a family member or close personal friend ever been a witness in a lawsuit of other judicial proceeding? (a) Who was involved as a witness? (b) The type of lawsuit involved? (c) Was the testimony in court, in a deposition, or by a statement? (d) Is there anything about your involvement as or relationship with a witness that would affect your ability to be a fair and impartial juror in this case? 3. Have you, a family member, or a close personal friend ever filed a claim that was resolved or dropped without a lawsuit being filed. (a) What type of claim was made? (b) To whom did you file the claim? (c) Was the claim resolved to your satisfaction? 4. Have you or any of your personal friends or family members ever worked in the human resources department of a company, with the Arizona Civil Rights Division, or the EEOC (Equal Employment Opportunity Commission? (a) Who works in this capacity? (b) How long has he/she worked in this capacity? (c) Has he/she ever been involved in the investigation of discrimination claims? (d) Has he/she ever discussed his/her involvement in the investigation of discrimination claims? (e) Based on those discussions, have you formed an opinion that would make it difficult for you to serve as a fair and impartial juror in this lawsuit? 5. Have any of you, your family members or close personal friends, ever filed a claim in mistreatment or discrimination with the human resources department of your company, the Arizona Civil Rights Division or the EEOC? (a) Who has filed such a claim?

Case 2:04-cv-00790-EHC

Document 182 -3-Filed 05/18/2007

Page 3 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

(b) What was the nature of the allegations that resulted in the claim being filed? (c) What was the result of filing the claim? (d) Did you agree with the result? 6. Are any of you, your family members, or personal friends lawyers? (a) Who is a lawyer? (b) How long has he/she been a lawyer? (c) Where does he/she work? (d) What type of law work does he/she do? (e) Has he/she ever discussed with you his/her feelings or beliefs about lawyers, litigants or the jury system? (f) Based upon your relationship with him/her or your discussions with him/her, have you formed any opinions that would make it difficult for you to be a fair and impartial juror in this case? 7. Do you or any of your personal friends or family members now work (or have you previously worked) for a financial institution? (a) Who has worked for the financial institution? (b) For which financial institution? (c) In what department did this person work (sales, bank, investment, etc.?) (d) If the person no longer works for an insurer, what was the reason for the departure from the company? 8. Are any of you or your family now, or have you ever, had any dealings with Charles Schwab Corporation? (a) Who? (b) For what period of time? (c) If you or your family are no longer dealing with Charles Schwab Corporation's services, why? 9. Are any of you or your close family members in management positions in your company or in any position where you have input in whether or not someone is terminated? (a) Who is in management? (b) For how long as he/she been in management? (c) Does his/her position include making termination decisions? (d) How are termination decisions made (e.g. one person decides; the decision goes through a chain of command) 10. Are any of you or your close family members in management positions in your company or in any position where you investigate claims of harassment?

Case 2:04-cv-00790-EHC

Document 182 -4-Filed 05/18/2007

Page 4 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

(a) Who is in management? (b) For how long as he/she been in management? (c) Does his/her position include investigating claims of harassment? (d) How are such claims investigated? (e) Has anyone ever challenged or objected to decision based on the outcome of an investigation? 11. Have any of you, your family members or close personal friends, been subject to workplace harassment? (a) Who has been subject to workplace harassment? (b) What were the circumstances of the harassment? (c) Was the harassment reported to management? (d) Was the claim of harassment investigated by the Company? (e) Did you believe that the process was fair? Why not? 12. Have any of you, or any of your family members, or close personal friends, ever believed that they were the victims of discrimination? (a) What were the circumstances? (b) Was any claim/report made to object to the discrimination? Why not? (c) If an objection was made or a claim filed, what happened? (d) If it was not you, did you believe that this person had been discriminated against? 13. What is the last level of education you completed: ____ Grade school ____ Some college ____ High school graduate ____ College graduate ____ Post graduate work ____ Technical or business 14. What special training or skills do you have? 15. Occupation (if retired, what was your occupation): For how long (and if retired, how long have you been retired)? _________________ 16. Have you held any other occupations in the past 10 years? a. If so, what? ________________ 17. What is your current job status? ____ Working full-time ____ Working part-time ____ Retired. When?

____ Unemployed ____ Homemaker ____ Full-time student

Case 2:04-cv-00790-EHC

Document 182 -5-Filed 05/18/2007

Page 5 of 6

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

18. 19. 20.

What company or organization do (did) you work for? Marital Status Is your spouse employed outside the home? a. If yes, what does he/she do and where is he/she employed? Do you have children living with you? a. If yes, please list their ages:

21.

22. Have you, anyone in your family, or a close friend ever worked for a lawyer or law firm? a. If yes, please list who (you, family, friend) what job and when. 23. Have you, anyone in your family, or a close friend ever worked for the Court system? a. If yes, please list who (you, family, friend) what job and when. 24. Have you ever served as a juror? a. If so, how many times? b. When? c. What type of case was it? d. What was the result? e. How did you feel about jury service? Do you know or have you heard of any of the parties or lawyers in this case? If yes, explain: Do you know any of the other prospective jurors? Is there any aspect of the case that you are uncomfortable with?.

25.

26. 27.

32. Have you or anyone close to you ever been employed by Charles Schwab Corporation?

Case 2:04-cv-00790-EHC

Document 182 -6-Filed 05/18/2007

Page 6 of 6