Free Proposed Voir Dire - District Court of Colorado - Colorado

Case 1:01-cv-01690-WDM-MJW

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Filed 11/28/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-01690-WDM-MJW CONAIL CROSS, Plaintiff, v. THE HOME DEPOT, Defendant. DEFENDANT'S PROPOSED VOIR DIRE Personal Background 1. Please describe your daily activities and those of the people who live with you, including jobs, if employed. (e.g., are you married, do you have children, what is your job, how do you spend your free time) 2. Have you ever been on a jury before? If so, what kind of case was it and what was the outcome? 3. Have you ever been a party to a lawsuit before? What kind of case was it? Would you be willing to share the outcome? 4. 5. Do you have a life motto or favorite saying? Do you consider yourself an optimist or are you more on the cynical side? Knowledge of the Parties 6. Have you ever had any dealings with Conail Cross?

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7.

Have you or anyone close to you ever worked for Home Depot or any other home improvement retail store? If so, please describe.

8.

Have you ever shopped at a Home Depot store? What was your experience like? What is your opinion of Home Depot as a company?

9. 10.

Do you or anyone close to you have any investments in Home Depot? Do you or anyone close to you have any specialized knowledge of the retail home improvement products business?

11.

Do you know any of the people likely to be called as witnesses in this case? They are as follows: Conail and Jaqueline Cross; Hector Hernandez; Sheri Gibson McCune; Charles "Chuck" Lempereur; Tim Pfieffer; Ron Whited; Dave Ash; Mike Carter; Dana Chango; Cheryl Leconey; Jennifer Thrower; Anthony Clayton; John "Mike" Hill; Chris Springer; William Thornton; Charlie Stroud; Becky Guitierrez; Phillip Plush; Frank McManus; Harry Alfred; Marc Brown; Matt Story; Scott Greske; Jason Britain; Lynn Jacobs; Penny Allen; Dr. Richard Marciniack, Dr. Thomas Bartlett, Dr. Victor Neufeld; Dr. Gerald Stein; Steven Shulman and Pat Pacey. Work Experience

12.

Have you or anyone close to you ever been a member of a union? If so, which one and for how long?

13.

Have you or anyone close to you ever started your own business? If so, please describe.

14.

Have you or anyone close to you ever been involved in performing human resources functions for a company? If so, please describe. -2-

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15.

Have you or anyone close to you ever supervised other employees? If so, how many and in what jobs?

16.

Have you or anyone close to you ever evaluated another employee's job performance? If so, please describe.

17.

Have you or anyone close to you ever had to decide whether to promote an employee? If so, please describe.

18.

Have you or anyone close to you ever been chosen for a promotion over another employee? If so, do you think the process was fair? Why?

19.

Have you or anyone close to you ever been denied a promotion? What reasons were given? Was it a fair decision?

20.

Assuming 2 applicants are both qualified for a promotion, but one applicant has greater qualifications and the other applicant has greater seniority, which person should be chosen? Why? Employment Disputes

21.

Have you or anyone close to you ever filed a complaint, grievance, or charge against your employer? If so, please describe the circumstances and the outcome.

22. 23.

What is your definition of the word discrimination? Have you ever been discriminated against? If so please describe the situation and what made you believe there was discrimination.

24.

Do you know anyone whom you consider to be a minority whom you believe was discriminated against because of their minority status? If so, please describe the circumstances. -3-

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25.

Do you know anyone whom you consider to be a minority whom you believe has received favorable treatment because of their minority status? Please explain the circumstances.

26.

Have you or someone close to you ever been falsely accused of discrimination? If so, how do you know that the accusation was false?

27.

Have you or anyone close to you ever failed to receive a promotion in a way that you thought was unfair? If so what was unfair about it?

28.

In general, do you believe that there is more or less discrimination in the workplace today?

Dated: November 28, 2005. By s/Daniel E. Friesen Daniel E. Friesen HALE FRIESEN, LLP 1430 Wynkoop Street, Suite 300 Denver, CO 80202 Telephone: (720) 904-6000 Facsimile: (720) 904-6006 Email: [email protected] Attorneys for Defendant The Home Depot

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Case 1:01-cv-01690-WDM-MJW

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Filed 11/28/2005

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CERTIFICATE OF SERVICE I hereby certify that on November 28, 2005, I electronically filed the foregoing DEFENDANT=S PROPOSED VOIR DIRE with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email address: William R. Hess, Esq. Email: [email protected]

By s/Patricia Foos Patricia Foos HALE FRIESEN, LLP 1430 Wynkoop Street, Suite 300 Denver, CO 80202 Telephone: (720) 904-6000 Facsimile: (720) 904-6006 Email: [email protected]

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