Free Proposed Voir Dire - District Court of Delaware - Delaware

Case 1:04-cv-00582-GMS

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IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF DELAWARE ) ) INACOM CORP., et al., ) ) Debtors. ) ) ) INACOM CORP., on behalf of affiliated ) Debtors, ) ) Plaintiff, ) ) v. ) ) DELL COMPUTER CORPORATION, ) et al, ) ) Defendants. ) ) In re: Chapter 11 Case No. 00-2426 (PJW)

Civil Action no. 04-582-GMS Adv. No. 02-3499

DEFENDANT'S SUGGESTED FORM OF JURY VOIR DIRE QUESTIONS Pursuant to D. Del. LR 47.1(a) and this Court's Scheduling Order, Defendant, Dell, Inc. (f/k/a Dell Computer Corporation) ("Dell"), files the attached suggested Jury Voir Dire Questions in triplicate and on diskette.

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Respectfully submitted, /s/ Kevin A. Guerke Patricia P. McGonigle Delaware State Bar No. 3126 Kevin A. Guerke Delaware State Bar No. 4096 Seitz, Van Ogtrop & Green, P.A. 222 Delaware Avenue, Suite 1500 P.O. Box 68 Wilmington, Delaware 19899 Telephone: (302) 888-0600 Telecopier: (302) 888-0606 and H. Robert Powell Texas State Bar No. 16197000 Sabrina L. Streusand Texas State Bar No. 11701700 G. James Landon Texas State Bar No. 24002445 Hughes & Luce, L.L.P. 111 Congress Avenue, Suite 900 Austin, Texas 78701 COUNSEL FOR DELL, INC. (F/K/A DELL COMPUTER CORPORATION)

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of Dell, Inc.'s Trial Brief was served on this the 15th day of August, 2005 as set forth below: Earl M. Forte, Esq. Blank Rome, LLP One Logan Square 18th & Cherry Streets Philadelphia, PA 19103-6998 Elio Battista Blank Rome LLP Chase Manhattan Centre 1201 Market Street, Suite 800 Wilmington, DE 19801 Andrew Caine Pachulski, Stang, Ziehl, Young 10100 Santa Monica Boulevard Suite 1100 Los Angeles, CA 90067 Jonathan P. Hersey Bingham McCutchen LLP 600 Anton Blvd., 18th Floor Costa Mesa, CA 92626 Stephen C. Hunt Charles M. Tatelbaum Adorno & Yoss, P.A. 350 E. Las Olas Blvd., Suite 1700 Fort Lauderdale, FL 33301 Culver Halliday Stoll, Keenon & Park, L.L.P. 300 W. Vine Street, Suite 2100 Lexington, Kentucky 40507-1801 Attorneys for Plaintiff, Inacom Corp. U.S. Mail

Attorneys for Plaintiff, Inacom Corp. Hand Delivery

Attorneys for Plaintiff, Inacom Corp. U.S. Mail

Attorneys for Ingram Entertainment, Inc. U.S. Mail

Attorneys for Tech Data Corporation U.S. Mail

Attorneys for Lexmark International U.S. Mail

/s/ Kevin A. Guerke Kevin A. Guerke (DE4096)
DEFENDANT'S SUGGESTED FORM OF JURY VOIR DIRE QUESTIONS 006005.00189:175563.01

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IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF DELAWARE In re: ) ) INACOM CORP., et al., ) ) Debtors. ) ) ) INACOM CORP., on behalf of affiliated ) Debtors, ) ) Plaintiff, ) ) v. ) ) DELL COMPUTER CORPORATION, ) et al, ) ) Defendants. ) ) Chapter 11 Case No. 00-2426 (PJW)

Civil Action no. 04-582-GMS Adv. No. 02-3499

JURY VOIR DIRE QUESTIONS 1. [Separately as to each individual panel member]: Please tell us your name

and the occupation of yourself and your spouse? 2. To the panel as a group: Do you have any personal knowledge regarding

the parties or the facts of this case? If so, please explain. 3. Have you read, seen or heard anything from anyone else about this case or

in any way relating to this case? If so, please explain. 4. 5. Have you had any legal training or experience? If so, please describe it. Have you had any experience with any bankruptcy proceeding? If so,

please describe.

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6. 7.

Have you had any training in accounting? If so, please describe. Have you had any training or experience in collection of receivables? If so

please describe. 8. Have you, or have members of your family, had any relationship such as:

(1) present or former employee; (2) consultant; (3) friend; or (4) other, with any of the following: a. b. c. d. e. f. g. h. i. j. Inacom Corp.; Vanstar Corporation; Dell, Inc.; Tech Data Corp.; Lexmark International, Inc.; Ingram Entertainment, Inc.; or Executive Sounding Board Associates, Inc. Blank Rome, L.L.P. Pachulski, Stang, Ziehl, Young, Jones & Weintraub, P.C. Bridge Associates, L.L.C., (formerly known as Restoration Management

Company, L.L.C.) k. l. m. n. Compaq Computer Corp. Houlihan, Lokey, Howard & Zukin Deutsche Bank Hewlett Packard Corp.

If so, please explain.
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9.

During the course of this case, various witnesses may be called to testify on

behalf of the parties. The parties are not required to call all of these witnesses and might decide not to call some of the witnesses and may instead call other witnesses. Are you, or is any member of your family or any friend of yours related to or acquainted with, or do you have any association whatsoever with any of the following people, who may be witnesses in this case: a. b. c. d. e. f. g. h. i. j. Elaine G. Agee; Thomas J. Fitzpatrick; Lazarus Krikorian; Richard C. Oshlo; Gerry A. Gagaliardi; Dean Vomero; Francis X. Devine; Michael L. Newsom; Stuart A. Gollin; or Neil Gilmour?

If so, please explain. 10. Have you or anyone close to you ever been a party to a lawsuit? (a) (b) (c) Please explain the circumstances. Describe the nature of the lawsuit. What was the outcome?

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11.

Have you ever been a witness at a trial? If so, what was the nature of your

testimony (e.g. fact witness to accident, expert witness, etc...)? 12. Have you ever been in a situation where you could have filed a lawsuit but

chose not to do so? 13. this case: a. b. c. d. e. 14. Bonnie Glantz Fatell; Elio Battista, Jr.; Alisa E. Moen; Earl M. Forte; or Regina S. Kelbon; Have you or any member of your immediate family ever been employed or Do you know any of the following attorneys who represent the parties in

represented by any of these attorneys? 15. Do you have any medical condition which would not allow you to properly

carry out your duties as a juror? 16. It is anticipated that this civil trial will take approximately five to seven

days. Would there be any great undue hardship on you to serve as a juror in this case? 17. Have you ever sold a product or services to a person or company who

subsequently went into bankruptcy? If so, please explain the circumstances and what happened. 18. Have you ever sold a product to a person or company who accepted the

product and paid for it, but then after going into bankruptcy sued you to get the
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payment back and still keep the product? If so, please explain the circumstances and what happened. 19. Do you know any fact or circumstance that you believe might make you an

unsuitable juror for this particular case? 20. Do you know of any reason you could not serve as a juror in this case?

DEFENDANT'S SUGGESTED FORM OF JURY VOIR DIRE QUESTIONS 006005.00189:175563.01