Free Proposed Voir Dire - District Court of Arizona - Arizona

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Morgan & Morgan, P.A. Clay M. Townsend, admitted pro hac vice 20 N. Orange Avenue, 16th Floor Orlando, FL 32801 Attorneys for the Neal Plaintiffs Rosenquist & Associates Anders Rosenquist, Jr. #002724 Florence M. Bruemmer #019691 80 E. Columbus Phoenix, Arizona 85012 Attorneys for Plaintiff Meadowlark Lemon Garvey, McNeil & McGillivray Edward R. Garvey, admitted pro hac vice 634 W. Main Street, Suite 101 Madison, WI 53703 Telephone: (608) 256-1003 [email protected] Attorneys for Defendants Harlem Globetrotters Int' Inc. l, and Mannie L. & Catherine Jackson Dreier LLP Ira S. Sacks, admitted pro hac vice 499 Park Avenue New York, New York 10022 Telephone: (212) 328-6100 [email protected] Attorneys for GTFM, LLC UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA No. CV-04-0299 PHX DGC and CV-04-1023 PHX DGC JOINT PROPOSED VOIR DIRE QUESTIONS & OBJECTIONS

21 MEADOWLARK LEMON, et al., 22 vs.

Plaintiffs,

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INTERNATIONAL, INC., et al.; Defendants.

Filed 11/15/2006

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Plaintiffs Neal, Rivers, Thornton, Hall, Haynes, Sanders and Lemon (collectively referred to as "Plaintiffs"), through their respective undersigned counsel, and Defendants Harlem Globetrotters Int' Inc., Mannie L. & Catherine Jackson and GTFM, LLC (collectively referred l, to as "Defendants"), through their respective undersigned counsel, hereby submit their joint proposed voir dire questions and any objections thereto. OBJECTIVITY 1. This is a case filed by Plaintiffs claiming that Harlem Globetrotters International,

Inc., Mannie L. Jackson, and GTFM, LLC collectively invaded their right of publicity. The Defendants deny Plaintiffs' claims, and raise several affirmative defenses, including laches, license, waiver, estoppel and failure to mitigate damages. a. Have any of you heard of similar cases before? b. Have any of you formed an opinion about such cases? If so, what is that opinion? c. Have any of you heard anything about this case before today from any source whatsoever? If so, i. ii. iii. this case? iv. v. If so, what is that opinion? Do you believe that your ability to serve impartially as a juror in this How did you hear about it? What have you heard? Has anything that you have heard caused you to form any opinion about

case has been affected by what you have heard or read about this case? 2. Plaintiff Meadowlark Lemon lives in Scottsdale, Arizona, and is a former Harlem

Globetrotters player. a. Does anybody know or has anybody heard of Mr. Lemon? b. What have you heard?

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c. Has anything that you have heard caused you to form any opinion about him? d. If so, what is that opinion? e. Do you believe that your ability to serve impartially as a juror in this case has been affected by what you have heard? f. Do any of you have any negative feelings about sports figures in general that might cause you to disfavor Mr. Lemon? 3. The other plaintiffs are Fred "Curly" Neal, Larry "Gator" Rivers, Dallas "Big D"

Thornton, Robert "Showboat" Hall, Marques Haynes and James "Twiggy" Sanders. They live in Georgia, Missouri, Kentucky, Michigan, Texas, and North Carolina, respectively. a. Does anybody know or has anybody heard of Mr. Neal, Mr. Rivers, Mr. Thornton, Mr. Hall, Mr. Haynes or Mr. Sanders? b. What have you heard? c. Has anything that you have heard caused you to form any opinion about him? d. If so, what is that opinion? e. Do you believe that your ability to serve impartially as a juror in this case has been affected by what you have heard? f. Do any of you have any negative feelings about sports figures in general that might cause you to disfavor one or more of them? 4. Harlem Globetrotters International, Inc. is a Nevada corporation. The

Globetrotters provide sports entertainment services to the public. a. Does anybody know or has anybody heard of Harlem Globetrotters International, Inc? b. What have you heard? c. Has anything that you have heard caused you to form any opinion about them? d. If so, what is that opinion? e. Do you believe that your ability to serve impartially as a juror in this case has

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been affected by what you have heard? f. Have you or anyone close to you ever had any connection with or dealings with Harlem Globetrotters International, Inc.? g. Are you or is anyone close to you related to or friends with any officer, director or employee of Harlem Globetrotters International, Inc.? h. Do any of you have any negative feelings about sports entertainment organizations in general that might cause you to disfavor Harlem Globetrotters International, Inc. because they provide sports entertainment, and basketball in particular? 5. Mannie L. Jackson is the CEO of Harlem Globetrotters International, Inc. Mr.

Jackson runs the daily operations of Harlem Globetrotters International, Inc. Catherine Jackson is his wife. a. Does anybody know or has anybody heard of Mr. or Mrs. Jackson? b. What have you heard? c. Has anything that you have heard caused you to form any opinion about them? d. If so, what is that opinion? e. Do you believe that your ability to serve impartially as a juror in this case has been affected by what you have heard? f. Have you or anyone close to you ever had any connection with or dealings with Mr. or Mrs. Jackson? g. Are you or is anyone close to you related to or friends with Mr. or Mrs. Jackson? h. Do any of you have any negative feelings about corporate presidents, officers or directors in general that might cause you to disfavor Mr. Jackson because he manages the daily operations of the Harlem Globetrotters? OBJECTION: Plaintiffs object to Defendants' proposed voir dire question No. 5(a-h) as

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misleading. HGI has signed a management agreement with an entity controlled by Shamrock, the new majority owner. HGI is run by a board of directors as well. 6. Shamrock Capital Growth Fund, L.P. and Shamrock Holdings of California, Inc.

are investors and are shareholders in Globetrotter Holdings, Inc. a. Does anybody know or has anybody heard of Shamrock Capital Growth Fund, L.P. or Shamrock Holdings of California, Inc.? b. What have you heard? c. Has anything that you have heard caused you to form any opinion about them? d. If so, what is that opinion? e. Do you believe that your ability to serve impartially as a juror in this case has been affected by what you have heard? f. Have you or anyone close to you ever had any connection with or dealings with Shamrock Capital Growth Fund, L.P. or Shamrock Holdings of California, Inc. g. Are you or is anyone close to you related to or friends with any officer, director or employee of Shamrock Capital Growth Fund, L.P. or Shamrock Holdings of California, Inc.? h. Do any of you have any negative feelings about these corporations that might cause you to disfavor Shamrock Capital Growth Fund, L.P. or Shamrock Holdings of California, Inc.? OBJECTION: Defendants object to Plaintiffs' proposed voir dire question No. 6(a-h) as irrelevant and prejudicial and have filed a motion in limine to that effect. The Shamrock corporations are not parties or witnesses to this case, were not shareholders in HGI at the time the relevant events in this case occurred, and the fact that they are shareholders in HGI currently is irrelevant to liability, damages, or any other issue in this case. 7. Roy Disney and some family members are principals of the Shamrock
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Companies. a. Does anybody know or has anybody heard of Roy Disney? b. What have you heard? c. Has anything that you have heard caused you to form any opinion about him? d. If so, what is that opinion? e. Do you believe that your ability to serve impartially as a juror in this case has been affected by what you have heard? f. Have you or anyone close to you ever had any connection with or dealings with Roy Disney or Disney? g. Are you or is anyone close to you related to or friends with any officer, director or employee of Disney? h. Do any of you have any negative feelings about Roy Disney or Disney that might cause you to disfavor Roy Disney or Disney? OBJECTION: Defendants object to Plaintiffs' proposed voir dire question No. 7(a-h) as completely irrelevant and highly prejudicial and have filed a motion in limine to that effect. Roy Disney and the unnamed family members are not parties or witnesses to this case and were and are not shareholders in HGI at the time the relevant events of this case occurred. Rather, they have an interest in a company that became a shareholder in HGI well after the license agreement between HGI and GTFM expired. Plaintiffs obviously hope to improve their case by presenting the well-known Disney name before the jury. This should not be allowed. 8. GTFM, LLC is a New York company that designs, produces, markets, and sells

clothing apparel throughout the United States. It sells products under the FUBU brand. a. Does anybody know or has anybody heard of GTFM, LLC or FUBU? b. What have you heard? c. Has anything that you have heard caused you to form any opinion about them?

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d. If so, what is that opinion? e. Do you believe that your ability to serve impartially as a juror in this case has been affected by what you have heard? f. Have you or anyone close to you ever had any connection with or dealings with GTFM, LLC? g. Are you or is anyone close to you related to or friends with any officer, director or employee of GTFM, LLC? h. Do any of you have any negative feelings about clothing apparel companies in general that might cause you to disfavor GTFM, LLC because they design, produce, market and sell clothing apparel? 9. Harlem Globetrotters International, Inc., Mr. Jackson and Mrs. Jackson are

represented by Ray Harris. Does anybody know or has anybody heard of Mr. Harris? 10. Mr. Harris is a partner in the law firm of Fennemore Craig in Phoenix, Arizona. a. Does anybody know of Fennemore Craig? b. Would your knowledge or experience with Fennemore Craig affect your ability to serve fairly and impartially in this case? 11. Harlem Globetrotters International, Inc., and Mr. and Mrs. Jackson also are

represented by Edward R. Garvey. Does anybody know or has anybody heard of Mr. Garvey? 12. Mr. Garvey is a partner in the law firm Garvey, McNeil, and McGillivray. a. Does anybody know of Garvey, McNeil, and McGillivray? b. Would your knowledge or experience with Garvey McNeil, and McGillivray affect your ability to serve fairly and impartially in this case? 13. Harlem Globetrotters International, Inc., and Mr. and Mrs. Jackson also are

represented by Karl M. Tilleman and P. Bruce Converse. Does anybody know or has anybody heard of Mr. Tilleman or Mr. Converse? 14. Mr. Tilleman and Mr. Converse are partners in the law firm Steptoe & Johnson,
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LLP. a. Does anybody know of Steptoe & Johnson, LLP? b. Would your knowledge or experience with Steptoe & Johnson, LLP affect your ability to serve fairly and impartially in this case? 15. GTFM, LLC is represented by Joel Herz. Does anybody know or has anybody

heard of Mr. Herz? 16. Mr. Herz is a partner in the Law Office of Joel L. Herz. a. Does anybody know of the Law Office of Joel L. Herz? b. Would your knowledge or experience with the Law Office of Joel L. Herz affect your ability to serve fairly and impartially in this case? 17. GTFM, LLC also is represented by Ira Sacks. Does anybody know or has

anybody heard of Mr. Sacks? 18. Mr. Sacks is a partner in the law firm Dreier LLP. a. Does anybody know of the law firm of Dreier LLP? b. Would your knowledge or experience with the law firm of Dreier LLP affect your ability to serve fairly and impartially in this case 19. Mr. Lemon is represented by Anders Rosenquist, Jr. Does anybody know or has

anybody heard of Mr. Rosenquist? 20. Mr. Rosenquist is a partner in the law firm of Rosenquist & Associates. a. Does anybody know of Rosenquist & Associates? b. Would your knowledge or experience with Rosenquist & Associates affect your ability to serve fairly and impartially in this case? 21. Mr. Lemon is also represented by Florence M. Bruemmer/Law Office of Florence

M. Bruemmer, P.C. a. Does anybody know or has anybody heard of Ms. Bruemmer? b. Would your knowledge or experience with Florence Bruemmer affect your

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ability to serve fairly and impartially in this case? 22. Mr. Neal, Mr. Rivers, Mr. Hall, Mr. Thornton, Mr. Haynes and Mr. Sanders are

represented by Clay Townsend and Keith Mitnik. Does anybody know or has anybody heard of Mr. Townsend or Mr. Mitnik? 23. Mr. Townsend and Mr. Mitnik are partners in the law firm of Morgan & Morgan. a. Does anybody know of Morgan & Morgan? b. Would your knowledge or experience with Morgan & Morgan affect your ability to serve fairly and impartially in this case? 24. Does anyone on the panel dislike or have negative feelings toward attorneys who

represent businesses? How about toward attorneys in general? 25. Did any members of this jury panel know each other, work together or serve on

jury panels together before assembling here today? 26. 27. Globetrotters? a. If so, approximately when did you attend the performance? b. Did any of the Plaintiffs participate in the performance? 28. Have you ever seen Plaintiffs play basketball with a team besides the Harlem Is anyone a fan of the Harlem Globetrotters? Has anyone now on the panel ever attended a performance by the Harlem

Globetrotters? 29. 30. Does anyone own any Harlem Globetrotters memorabilia? Does anyone own/wear any FUBU brand clothing and do you have any strong

feelings either way about the clothing? 31. During the trial of this case, the following witnesses may be called to testify on

behalf of the parties: Sandra Abalos Larry Blenden Daymond Aurum James Todd Smith a/k/a LL Cool J

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Lou Dunbar Ben Green Robert "Showboat" Hall Marques Haynes Catherine Jackson Mannie Jackson Cynthia Lemon Meadowlark Lemon Colleen Lenihan Fredric "Curly" Neal Rose Neal Theodore Nikolis Larry "Gator" Rivers James "Twiggy"Sanders Jerry Saperstein Michael Syracuse Dallas "Big D" Thornton Governor Vaughn Bruce Weisfeld Norman Weisfeld Phillip Anderson Phillip Crandall Micheal A. DiLoreto, Jr. Roy Disney Peter Gallo Kitty Hall Joan Haynes Paul Horton Robert Perille Oliver Phipps Custodian of Records Supreme Court of New York Custodian of Records U.S. District Court Eastern District of Arkansas a. Do any of you know or have you ever heard of any of these people? b. What have you heard? c. Has anything that you have heard caused you to form any opinion about them? d. If so, what is that opinion? e. Do you believe that your ability to serve impartially as a juror in this case has been affected by what you have heard? OBJECTION: Defendants object to portions of this question No. 31 (a-e) as irrelevant because such witnesses are improper and have filed an in limine motion in that regard. 32. At any time have any of you or any member of your family or any person close to

you ever been a partner or had an ownership interest in any business? If yes, a. When? b. Describe the nature of the business. c. Are you still working in this business today? 33. 34. Do you handle your family' finances? s Is there anyone who for religious, ethical, or moral reasons would find it difficult
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to sit on this case or who feels uncomfortable rendering judgment on another? 35. Do you have any pressing business or is there anything pressing in your personal

life that might distract you or cause you to hurry along in the process of decision making in the jury room? 36. Without stating the reason, do any of you believe you just cannot make a fair and

impartial decision in this case? 37. Does anyone have a problem with vision or hearing or anything that would cause

you to have difficulty sitting for long periods of time? If you would prefer to discuss this matter in private, please raise your hand. 38. 39. Would anyone like to serve on the jury in this case? Why? Knowing what you do about this case, if you were in the Plaintiffs' place, would

you feel comfortable having a person like yourself, with your feelings, beliefs and attitudes sitting on a jury to decide a case such as this? 40. Would anyone on this panel feel uncomfortable in expressing an opinion contrary

to the opinions of other jurors? 41. If a majority of other jurors reached a different conclusion from you after

considering the evidence, would you be likely to change your opinion to conform to theirs simply because their opinion was in the majority? 42. Knowing what you do about this case, if you were in the Harlem Globetrotters

International, Inc.' place, would you feel comfortable having a person like yourself, with your s feelings, beliefs and attitudes sitting on a jury to decide a case such as this? 43. Knowing what you do about this case, if you were in GTFM, LLC' place, would s

you feel comfortable having a person like yourself, with your feelings, beliefs and attitudes sitting on a jury to decide a case such as this? 44. Knowing what you do about this case, if you were in Mannie and Catherine

Jackson' place, would you feel comfortable having a person like yourself, with your feelings, s
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beliefs and attitudes sitting on a jury to decide a case such as this?

JURY EXPERIENCE 45. Has any person here previously sat as a juror on a civil or criminal case? If so,

what was the nature of the case, did you deliberate to a verdict, and what was the outcome? 46. 47. what cause? 48. 49. Have any of you previously served on a Grand Jury, either Federal or State? For those of you who indicated that you had prior jury experience, a. Did you experience anything during those prior jury experiences that would lead you to feel you might have some prejudices for either the plaintiff or the defense? b. Did you experience anything during those prior jury experiences that would make it uncomfortable for you to sit as a juror again? c. Were any of you approached by either counsel for the plaintiff or the defense after the trial for the purpose of discussing the case? If so, i. Which counsel approached you? ii. Did you feel that the attorney conducted himself/herself appropriately and professionally? iii. Was there anything about this experience that would cause you to have some prejudices for either the plaintiff or the defense? 50. Do any of you watch any of the legal shows on TV, for example, "The Practice," Has any person who has sat as a juror ever been the foreperson of a jury? Have any of you ever been discharged or excused from jury service? If so, for

"Boston Legal," or "Law and Order"? If so, a. Which ones do you watch? b. What do you like or dislike about the show[s]?

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EDUCATION/OCCUPATION 51. How far did you go in school? If you went beyond high school: a. What other schools did you attend? b. What was your major or primary area of study? c. What degrees or certificates have you received? 52. Where do you work? a. How long have you worked there? b. What do you do there? 53. Where does your spouse work? a. How long has he or she worked there? b. What does he or she do there? 54. Is there anyone on the panel who is not presently employed? If so, a. Please identify i. your most recent employer; ii. the job you last held there; iii. when you left 55. 56. Is anyone not receiving compensation from their employer while on jury duty? Have you or anyone close to you ever attended law school or had any experience

or education in the legal field? For those of you that answered yes, a. Describe your education or experience. b. Have any of you (they) ever handled a legal case or part of a case? c. Are there any of you that would not put whatever knowledge of the law you acquired before today out of your mind during this trial and promise to apply only the law given to you by this Court? 57. Have any of you ever worked for a law firm? What firm? What position? What

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field of law? Did you work with any particular lawyer or lawyers? Who?
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58.

How many of you (or your family or close friends) have had experience with

someone who was claiming their name or likeness was being used to someone else' s advantage? a. If so, tell us about that experience. b. Do you have any negative feelings as a result of the experience? c. On a scale of 1-10 how strong are those negative feelings? d. Is there anything about the experience that could potentially influence you if you were to sit as a juror on a case involving a claim that someone' name or s likeness was used without authority or compensation? 59. Have you or anyone close to you ever permitted the use of your name or likeness

for someone else' commercial advantage? s a. If so, what was the nature of the use of your name or likeness? b. Did you receive financial compensation for the use of your name or likeness? c. Do you continue to receive financial compensation for the use of your name or likeness? 60. How many of you (or family members or close friends) have had any experience

with disputes over an employment contract? a. If so, tell us about that experience. b. Do you have any negative feelings as a result of the experience? c. On a scale of 1-10 how strong are those negative feelings? d. Is there anything about the experience that could potentially influence you if you were to sit as a juror on a case in which enforcement of an employment contract is part of the dispute? 61. How many of you (or your family or close friends) have had any experiences

where you were trying to enforce a contract and someone else claimed the contract was unenforceable?
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a. If so, tell us about those experiences. b. What defenses to the contract were being raised? Did they include lack of consideration, against public policy, or unconscionability? c. Do you have any negative feelings as a result of those experiences? d. On a scale of 1-10 how strong are those negative feelings? e. Is there a chance those negative feelings could have an influence on you if you were to sit on a jury in which similar defenses to the contract were being raised? OBJECTION: Defendants object to voir dire question 61(b) as improper because

Plaintiffs have not claimed and there is no evidence in this case that their player contracts were void due to lack of consideration or as against public policy. 62. How many of you (or your family or close friends) ever had an experience where

you were involved in the process of doing due diligence or investigation before entering into a contract? a. If so, tell us about those experiences. b. Have any of them included anyone suggesting you did not do due diligence or did not properly investigate the matter before entering into a contract or business deal? c. Do you have any negative feelings as a result of those experiences? d. On a scale of 1-10 how strong are they? e. Is there a chance those negative feelings could have an influence on you if you were to sit on a jury on a case where questions of due diligence were being raised? 63. If the law recognizes a contract may be unenforceable if it is unconscionable

(overly one-sided), do any of you react negatively about that law? a. If so, why?
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b. How strong are those feelings on a scale of 1-10? c. Is there a chance those negative feelings could interfere with your ability to apply that law without bias? 64. If the law recognizes a contract may be unenforceable if it is against public policy,

do any of you react negatively about that law? a. If so, why? b. How strong are those feelings on a scale of 1-10? c. Is there a chance those negative feelings could interfere with your ability to apply that law without bias? OBJECTION: Defendants object to voir dire question 64 as improper because Plaintiffs have not claimed and there is no evidence in this case that their player contracts were void as against public policy. 65. If the law recognizes a contract may be unenforceable if there is a lack of

consideration, do any of you react negatively about that law? a. If so, why? b. How strong are those feelings on a scale of 1-10? c. Is there a chance those negative feelings could interfere with your ability to apply that law without bias? OBJECTION: Defendants object to voir dire question 65 as improper because Plaintiffs have not claimed and there is no evidence in this case that their contracts were void due to lack of consideration. 66. If the law recognizes a person has a right of publicity in their own name, so that

others cannot use it for commercial purposes without their permission, how many of you have a negative reaction to that law? a. If so, why? b. How strong are those feelings on a scale of 1-10?

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c. Is there a chance those negative feelings could interfere with your ability to apply that law without bias? ATTITUDE TOWARD BUSINESSES, LIABILITY & DAMAGES 67. There has been a good deal of negative publicity in the media the last few years

about some corporations. Even though Harlem Globetrotters International, Inc. and GTFM, LLC are comparatively small companies, do any of you have negative feelings toward businesses in general right now that might cause you to carry over those negative feelings to businesses like Harlem Globetrotters International, Inc. and GTFM, LLC? OBJECTION: Plaintiffs object to voir dire question 67 as the representation that

Defendants are "small companies" is false, misleading and irrelevant. 68. Do any of you believe that simply because the Plaintiffs have filed a lawsuit

against Harlem Globetrotters International, Inc. and GTFM, LLC, that these businesses must have done something wrong, or that the Plaintiffs are entitled to recover something from Harlem Globetrotters International, Inc. or GTFM, LLC? 69. Does anyone believe that businesses, in general, tend to be uninterested in the

public's needs and concerns? 70. Do you have any strong feelings about large corporations?

OBJECTION: Defendants object to voir dire question 70 as the representation that Defendants are "large corporations" is false, misleading and irrelevant. 71. Do any of you feel that your experiences with companies, in general, have tended

to be negative? If so, do you think this might affect your objectivity, and cause you to lean in favor of the Plaintiffs in this case?

SPORTS
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72.
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Is any one of you a sports fan?
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a. What sports do you follow? b. What teams do you follow? c. Do you have a favorite player or players? d. Do you see games in person? How often? e. Do you watch games on TV? How often? f. Do you have opinions on whether sports team management makes too much money? Treats players unfairly? g. Do you have opinions on whether sports team players make too much money? h. Do you have opinions on whether sports team players in the past did not make enough money? 73. Do any of you watch sports or sports programs, even if you do not consider

yourself a fan? a. For those of you who answered yes, which sports or sports programs do you watch? 74. Have any of you attended a live sporting event? a. For those of you who answered yes, please identify i. When you attended the event. ii. The type of sporting event. iii. The teams you watched at the event.

RIGHT TO PUBLICITY 75. or publicity? 76. publicity? 77. Are you or is anyone you know considered a celebrity or public figure?
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Have you or has anyone close to you ever worked in a field involving marketing

Do you or anyone close to you have any special knowledge about marketing or

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a. For those of you who answered yes, please identify i. The name of the celebrity or public figure. ii. Why you consider that person a celebrity or public figure. 78. Please state how you feel about celebrity endorsements; specifically, how you feel

about the amount of money celebrities get paid for endorsements? 79. 80. property? 81. property? 82. Do you, or does anyone close to you, have any special knowledge about patents, Do you or anyone close to you have any special knowledge about intellectual Does anyone think sports celebrities get paid too much for endorsements? Have you or has anyone close to you ever worked in a field involving intellectual

trademarks or copyrights? How did you (they) come by that knowledge?

LAWSUITS/DISSATISFACTIONS 83. Does anyone have any kind of experience or dealings with the legal system? This

would include arrests or incarcerations, lawsuits involving financial problems, such as collection proceedings, bankruptcy and foreclosure, divorce and intellectual property related lawsuits? Please explain. 84. Have you or has anyone close to you ever been sued or threatened with a lawsuit

by someone, that we have not already discussed? If so: a. What was the nature of this? b. How long ago did this occur? c. Did the case go to trial, and if so what was the outcome? d. How did you feel after that experience? e. Was there anything about this experience that would affect your objectivity on this case?

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85. deposition?

Have you or has anyone close to you ever had to testify in Court or at a

a. What were the circumstances? b. How did you/they feel about testifying? 86. Has any member of the panel had any unpleasant associations with lawyers,

judges or the courts? Please explain. Would that experience interfere with your ability to decide this case? 87. 88. 89. Has anyone ever cheated you out of money? What was the result? Does anyone believe that there are too many frivolous lawsuits? Has anyone ever had an experience with identity theft?

INTERESTS/ACTIVITIES/DEMOGRAPHICS 90. program? 91. 92. 93. What magazines, newspapers or publications do you read on a regular basis? Do any of you take an interest in news related to celebrities? Do any of you have any bumper stickers on your vehicles? For those of you who Do you regularly listen to any radio talk program? If so, who is the host of that

responded in the affirmative, what do those bumper stickers say? 94. Please list the three people that you admire most.

IMPARTIALITY 95. In a civil case, the Plaintiffs have the burden of proof. The Plaintiffs must prove

their case by a preponderance of the evidence that some legal right of theirs has been violated. It is not up to Harlem Globetrotters International, Inc., Mannie L. & Catherine Jackson, and GTFM, LLC to disprove the claims Plaintiffs have made. a. Is there anyone who does not understand that Plaintiffs have to do something

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more than merely accuse Harlem Globetrotters International, Inc., Mannie L. & Catherine Jackson, and GTFM, LLC of wrongdoing? b. Based on what you have heard about the case and who has the burden of proof, is there anyone who would tend to feel that Harlem Globetrotters International, Inc., Mannie L. & Catherine Jackson, and GTFM, LLC would need to provide you with evidence that they did nothing wrong? 96. If you find that one or more of the Plaintiffs in this case has not proved by a

preponderance of the evidence that he suffered damages, is there anyone here who would have difficulty, for any reason at all, finding in favor of Harlem Globetrotters International, Inc., Mannie L. & Catherine Jackson, and GTFM, LLC? 97. Is there anyone who would have any reservations in returning a verdict of no

money damages? 98. At the end of this case, the Court will instruct you that the Plaintiffs' claims may

be barred by the legal doctrine of laches, license, waiver, estoppel or failure to mitigate damages if the Defendants can prove the defenses by a preponderance of the evidence. The doctrine of laches bars a plaintiff' claims if the plaintiff lacked diligence in pursuing a claim against the s defendants, and that lack of diligence caused an injury or hardship to defendants. If a

preponderance of the evidence shows that plaintiff lacked diligence in pursuing a claim against the defendants, and that lack of diligence caused an injury or hardship to defendants, is there anyone here who would have difficulty, for any reason at all, finding that plaintiff' claim is s barred by the legal doctrine of laches, license, waiver, estoppel or failure to mitigate damages? 99. Plaintiffs are requesting a combined total of the profits from revenues of

$12,183,956.00 in compensatory damages or, alternatively, a royalty on total revenue. Knowing that you have very little information about the case at this point, does that number alone bother anyone? Why? OBJECTION: Defendants object to voir dire question 99 as improper because Plaintiffs

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claim for that amount of damages is improper. Defendants have filed an in limine motion in that regard. Moreover, Plaintiffs are not entitled to damages based on a royalty rate and the addition of this alternative language is misleading. 100. How do you feel about making someone pay monetary damages as a punishment

for their wrongdoing? 101. How many of you have negative feelings about awarding punitive damages in a

case-- meaning damages to punish in addition to compensating an injured party? a. On a scale of 1-10 how strong are those feelings? Defendants object to voir dire question 101 as improper because

OBJECTION:

Plaintiffs' claim for punitive damages is improper. Defendants have filed an in limine motion in that regard. 102. Is there anyone that would have any reservation in finding that Defendants should

have to pay punitive damages to the Plaintiffs if Defendants acted with conscious disregard or an evil mind? OBJECTION: Defendants object to voir dire question 102 as improper because

Plaintiffs' claim for punitive damages is improper and conscious disregard is the wrong standard for recovery of punitive damages under Arizona law, which is misleading. Defendants have filed an in limine motion regarding punitive damages. 103. How many of you, if asked to assess punitive damages, have strong enough

feelings that you could potentially be swayed in your assessment of them? RESPECTFULLY SUBMITTED this 15th day of November, 2006.
By: s/Edward R. Garvey_______________

Ray K. Harris FENNEMORE CRAIG, P.C. 3003 N. Central Ave., Suite 2600 Phoenix, AZ 85012-2913

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Edward R. Garvey, admitted pro hac vice Christa Westerberg, admitted pro hac vice GARVEY McNEIL & McGILLIVRAY 634 W. Main St., Suite 101 Madison, WI 53703 Telephone: (608) 256-1003 Facsimile: (608) 256-0933 [email protected] Attorneys for Defendants Harlem Globetrotters Int' Inc. and Mannie L. & Catherine l, Jackson
By: s/ Ira S. Sacks_____________________

Ira S. Sacks, admitted pro hac vice Safia A. Anand, admitted pro hac vice DREIER LLP 499 Park Avenue New York, New York 10022 Telephone: 212-328-6100 Facsimile: 212-328-6101 [email protected] Joel L. Herz, Esq. State Bar No. 015105 Law Offices of Joel L. Herz 3573 East Sunrise Drive, Suite 215 Tucson, AZ 85718 Telephone: 520-529-8080 Facsimile: 520-529-8077 [email protected] Attorneys for Defendant GTFM, LLC

By:

/s/ Clay Townsend CLAY M. TOWNSEND, ESQUIRE KEITH MITNIK, ESQUIRE Morgan & Morgan, PA 20 N. Orange Avenue, 16th Floor Orlando, FL 32801

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Attorneys for Plaintiffs Fred Neal, Larry Rivers, Robert Hall, Dallas Thornton, Marques Haynes and James Sanders

By:

/s/Anders Rosenquist Anders Rosenquist, Jr. Florence M. Bruemmer ROSENQUIST & ASSOCIATES 80 E. Columbus Phoenix, Arizona 85012 Attorneys for Plaintiff Meadowlark Lemon

CERTIFICATE OF SERVICE 1. I hereby certify that on November 15, 2006, a true and correct copy of Joint Voir Dire Questions and Objections was electronically transmitted to the Clerk' Office using the s CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Safia A Anand [email protected] Florence M Bruemmer [email protected] Edward R Garvey [email protected], [email protected], [email protected] Robert Williams Goldwater III [email protected] Ray Kendall Harris [email protected], [email protected] Joel Louis Herz [email protected], [email protected] Alec R Hillbo [email protected], [email protected] Brandon Scott Peters [email protected], [email protected], [email protected] Anders V Rosenquist , Jr [email protected] Ira S Sacks [email protected] Clay M Townsend [email protected], [email protected]; [email protected] Christa O Westerberg [email protected], [email protected], [email protected] 2. I hereby certify that on November 15, 2006, a true and correct copy of the attached document was sent via U.S. Mail, postage paid thereon, to the following parties, at the addresses listed: Keith R. Mitnik
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Morgan & Morgan PA 20 N. Orange Ave. Suite 1600 Orlando, FL 32802 s/ Melody Tolliver

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