Free Lodged Proposed Document - District Court of Arizona - Arizona

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Rosval A. Patterson, SBN 018872 Patterson & Associates, P.L.L.C. 777 East Thomas Road, Suite 210 Phoenix, Arizona 85014 Tel.: (602) 462-1004 E-mail: [email protected] Attorney for the Plaintiff

UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Alexander Jung,
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Plaintiff,
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vs. John E. Potter, Postmaster General , Defendant.

) Case No.: CIV 04-429 PHX MHM ) ) ) ) PLAINTIFF'S PROPOSED VERDICT ) FORM ) ) ) ) )

VERDICT

Note: Complete the following paragraph by writing in the name required by your verdict. To establish a claim of failure to accommodate under the rehabilitation act, the plaintiff must prove the following elements by a preponderance of the evidence: 1. 2. 3. He has a disability as defined under the rehabilitation act; He is qualified for the job; He requested a reasonable accommodation that would not be an undue hardship on his employer; and
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4.

Such reasonable accommodation was denied.

The plaintiff's disability was the determining factor in the defendant's decision to fire the plaintiff. In other words, the defendant would not have made the same decision but for the plaintiff's disability. If you find that each of the elements on which the Plaintiff has the burden of proof has been proved, your verdict should be for the plaintiff. If, on the other hand, the laintiff has failed to prove any of these elements, your verdict should be for the defendant. Question 1: On the disability discrimination claim of Plaintiff, we find in favor of:

_______________ [Plaintiff] or

_______________ [Defendant]

Note: Complete the following paragraphs only if you found in favor of the "Plaintiff". If you found in favor of the "Defendant" to the preceding question, have your foreperson sign and date this form because you have completed your deliberations on this claim.

We find Plaintiff's lost wages and benefits through the date of this verdict to be:

$_________ [state the amount or, if none, write the word "none"]. [We find Plaintiff's future lost wages and benefits from the date of this verdict through [specify cutoff date for any "front pay" award] to be:

$_________ We find Plaintiff's other damages, excluding past and future lost wages and benefits, to be:

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$_________ [state the amount, or, if you find that Plaintiff's damages do not have a monetary value, write in the nominal amount of One Dollar ($1.00)].

___________________________________ Foreperson

Dated: ___________________________

Authority: Zukle v. The Regents of the University of California, 166 F.3d 1041 (9th Cir. 1999).

Dated this 7th day of June, 2007

s/Rosval A. Patterson Rosval A. Patterson 777 E. Thomas Rd. #210 Phoenix, AZ 85014 Attorney for the Plaintiff

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CERTIFICATE OF SERVICE I hereby certify that on the 7th of June, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF Systems for filing and transmittal of a Notice of Electronic Filing for the following CM/ECF registrants: A copy of this document was provided by mailed to: The Honorable Judge Mary H. Murguia United States District Court 401 West Washington Courtroom 525 Phoenix, AZ 85003

By:

s/ Rosval A. Patterson Rosval A. Patterson

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