Free Proposed Voir Dire - District Court of Arizona - Arizona

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Stephen G. Montoya (#011791) MONTOYA JIMENEZ, P.A.
The Great American Tower 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012 (602) 256-6718 (fax) 256-6667

[email protected] Attorney for Plaintiffs

Brian Goodwin JoEllen Benton SHUGHART THOMSON & KILROY, P.C.
One Columbus Plaza 3636 North Central Avenue, Ste. 1200 Phoenix, Arizona 85012 (602) 650-2068 (fax) 264-7033

Attorney for Defendant

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Beth D'Aguanno and Frankie Tyree, plaintiffs, vs. American Builders & Contractors Supply Co., Inc., doing business as ABC Supply Company, Inc., defendant. Pursuant to the Court's Order dated June 22, 2005, the parties submit the following set of proposed voir dire questions: No. CV 03-1408-PHX-DGC Proposed Joint Voir Dire Questions

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PROPOSED JOINT JURY VOIR DIRE QUESTIONS

Do you know any of the following: a) the parties; the parties' counsel; or the witnesses.

What is your current occupation (if retired, what was your occupation)? For how long (and if retired, how long have you been retired)? Have you held any other occupations in the past 10 years? If so, what? What company or organization do (did) you work for? What do (did) you do at work? Have you ever had management or supervisory responsibilities? Have you ever had the authority to hire or fire people? Have you ever worked in Human Resources or a personnel office? If you answered yes to any of the above questions, please explain. Has anyone in your family or a close friend ever worked in a personnel or human resources department? If yes, please list who (you, family, friend), what job, and when? Have you, anyone in your family, or a close friend ever owned your own business? What type of business? Have you, anyone in your family, or a close friend ever invested in someone else's business?

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What type of business? Do you know any of the other prospective jurors? Have you, anyone in your family, or a close friend ever worked for a lawyer or law firm? If yes, please list who (you, family, friend), what job, and when. Have you, anyone in your family, or a close friend ever worked for the court system? If yes, please list who (you, family, friend), what job, and when. 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? Have you, anyone in your family, or a close friend ever sued or been sued? a. If yes, who sued or was sued (please include relation to you): b. Why? c. When? d. What was the result? e. Were you satisfied with the result? What do you think about lawsuits in general? Do you disagree with this statement: "The law should allow an employer to select any qualified applicant for a position as long as the selection is not related to race, gender or other protected persons?" Does any member of the jury feel that employees have too much say in the work place? -3-

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20.

Does any member of the jury feel that the federal government has no right to regulate an employer's right to hire and fire an employee?

21.

Does any member of the jury panel feel that women today sometimes take advantage of their status?

22.

Does any member of the jury panel feel that no person should be entitled to sue on the basis of harassment at the work place due to race, color, national origin gender or religion?

23.

Do you think that claims of racial harassment or sexual harassment are exaggerated as problems in the workplace?

24. 25. 26. 27. 28. 29.

Will you be able to follow the law the court gives even if you disagree with it? Is there any aspect of the case that you are uncomfortable with? Please identify any magazines or periodicals to which you subscribe. Please identify the content of any bumper stickers on your car. Please identify the people that you most admire. Please list what books you have recently read that you enjoyed? Defendant, by and through undersigned counsel, requests the Court's permission

to examine prospective jurors on the following topics: A. Defendant request that the standard background questions of jurors be asked:

(age, employment, marital status, educational background, time in Arizona, etc.) B. 1. Jurors Do any of you know each other?

2.

Have any of you, your family members or friends ever been employed by a law

firm, and if so, what firm and what capacity? -4-

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3. Have any of you made any claim or filed any lawsuits, or had a claim or lawsuit filed against you? a. b. c. d. 4. If so, please describe the nature of the claim or lawsuit. On whose behalf was the claim made? What was the outcome? Were you satisfied with the outcome?

Have you or any member of your family or close personal friend ever

been the victim of sexual harassment in the workplace? If so, please describe the circumstances. 5. Have you or any member of your family or close personal friend ever

worked for any company or organization that may have been subject to a sexual harassment claim? If so, please describe the circumstances. 6. Do you or does any member of your family or close personal friend own

a company or organization that may have been subject to a sexual harassment claim? If so, please describe the circumstances. 7. Have you or any member of your family or close personal friend filed a

sexual harassment claim with the EEOC? If so, please describe the circumstances. 8. Have you or any member of your family or close personal friend filed a

lawsuit resulting from sexual harassment in the workplace? If so, please describe the circumstances. 9. Have you received any training or education with regard to sexual

harassment in the workplace? If, please describe. 10. Do you believe that you cannot be impartial due to any aspect of this

case or concerning any question you have been previously asked? Parties. -5-

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1. 2.

Do any of you know the plaintiffs or their attorney? If so, how? Are any of you familiar with defendant ABC Building Supply? If so,

3. 4.

Do any of you know the defendant's attorney? If so, how? Have any of you, or any of your family members, worked for defendant

ABC Building Supply? If so, please describe the nature of your employment? Witnesses ­ see Witness List. 1. Do any of you know any of the individuals who will be witnesses in this

2.

Are you willing and able to objectively and fairly weigh the testimony of

the witnesses in this case, or do you feel that you are not capable of deciding this case in part on the testimony of any particular witness? Served on other juries. 1. a. Have any of you served on other juries? If so, Is there anything that occurred in the other cases in which you served

that would make it difficult for you to be completely fair and impartial in this case? b. Do you think that you could decide this case which is being presented

today on its own facts regardless of the different situations and testimony you have seen in the other case you have heard? F. Miscellaneous. 1. Do any of you have any additional life experiences which we have not

discussed that you feel would prohibit you from giving full consideration to this matter? Based upon the information you now have about the case, is there anything else that you feel that either party should know before they make decisions as to who should sit as a juror on this case? -6-

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Dated the 18th day of August, 2005. MONTOYA JIMENEZ A Professional Association s/ Stephen G. Montoya Stephen G. Montoya 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012-2490 Attorney for Plaintiffs s/ JoEllen Benton Brian Goodwin JoEllen Benton Shughart Thomson & Kilroy, P.C. One Columbus Plaza 3636 North Central Avenue, Ste. 1200 Phoenix, Arizona 85012

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CERTIFICATE OF SERVICE

: I hereby certify that on August 19, 2005, 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: Brian Goodwin JoEllen Benton Shughart Thomson & Kilroy, P.C. One Columbus Plaza 3636 North Central Avenue, Ste. 1200 Phoenix, Arizona 85012

: I further certify that on August 19, 2005, the attached document was also sent via
United States First Class Mail, postage prepaid to:

The Honorable David G. Campbell United States District Court for the District of Arizona Sandra Day O'Connor United States Courthouse 401 West Washington Street Phoenix, Arizona 85003

s/ Stephen G. Montoya

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