Free Proposed Voir Dire - District Court of Delaware - Delaware

Case 1 :04-cv-00414-SLR Document 107 Filed 07/21/2008 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT . l l
IN AND FOR THE DISTRICT OF DELAWARE . _
_ _ I WILLIE DAVIS, JR., NATHANIEL BRIDDELL, )
GEORGE W. FEDDIMAN, JOSEPH GARRISON, ) C. A. NO. 04-0414-SLR
LARRY E. GIBBS and ROY H. WALTERS, )
) JU RY TRIAL DEMANDED
ALL SIMILARLY—SITUATED CURRENT AND )
FORNIER EMLOYEES OF MOUNTAIRE ) COLLECTIVE ACTION
FARMS, INC., MOUNTAIRE FARMS OF )
DELMARVA, INC., and MOUNTAIRE FARMS. )
OF DELAWARE, INC., ` ) _
)
Plaintiffs, ) U
-
v. )
u J u
MOUNTAIRE FARMS, INC., )
MOUNTAIRE FARMS OF DELMARVA, INC., )
and MOUNTAIRE FARMS OF ).
DELAWARE, INC., all Delaware corporations, )
Defendants. )
DEFENDANTS’ PROPOSED VOIR DIRE TO JURY PANEL
` Good morning, ladies and gentlemen. I am Judge Robinson, and I will be presiding over _
the trial for which a jury is about to be drawn in the case captioned Davis v. Mountaire Farms.
l Briefly stated, this-case is a civil action brought by plaintiff(s) Willie Davis, Jr., Nathaniel
Briddell, Joseph Garrison, Larry E. Gibbs and Roy H. Walters against the defendant Mountaire
Farms of Delmarva, Inc. l
The trial is expected to last from ; our trial days will run approximately
from a.m. to p.m. .

Case 1:04-cv—00414-SLR Document 107 Filed 07/21/2008 Page 2 of 4 U
_ Plaintiff(s) is/are represented by Jeffrey K. Martin, an attorney with Martin & Wilson.
I Defendant(s) is/are represented by Arthur Brewer and Eric Hemmendinger, attorneys with
Shawe & Rosenthal. With them is Matthew Boyer, of Connelly, Bove, Lodge & Hutz.
In light of this brief summary, I will ask the panel certain questions, the purpose of which .
is to: (I) enable the Court to determine whether or notany prospective juror should be excused
for cause; and (2) enable counsel for the parties to exercise their individual judgment with
j p respect to perernpto-ry challenges, that is, challenges for which no reason need be given by
counsel. If any of you answer any question "yes," please stand up and, upon being recognized r
by the Court, state your juror number. When I have concluded asking all the questions, we will
call you to the bench individually to speak with you about your affirmative response or
responses. -
HAVE CLERK ADl\/[INISTER GATH T0 THE PANEL .
1. ls any member ofthe panel related to the plaintiffs? They are Willie Davis, Jr., _
Nathaniel Briddell, Joseph Garrison, Larry E. Gibbs and Roy H. Walters?
2. Is any member of the panel related to the defendant or personally acquainted with ‘
any officer, director, or employee of, or ever done business with, Mountaire Farms?
3. Is any member of the panel related to, or personally acquainted with Jeffrey
Martin, plaintiff s attomey or ever been represented by him or by any associate or member of his l
law frm, Martin & Wilson? ‘
4. Is any member of the panel related to, or personally acquainted with Arthur
Brewer or Eric Herrrrnendinger, defendant’s attorneys or ever been represented by him or by any
associate or member of his law firm, Shawe & Rosenthal? ls any member of the panel related to,
-

I Case 1:04-cv—00414-SLR Document 107 Filed 07/21/2008 Page 3 of 4
or personally acquainted with Matthew Bower, defendant’s attorneys or ever been represented by p
him or by any associate or member of his law firm, Connolly, Bove, Lodge & Hutz?
5. Is any member of the panel related to, or personally acquainted with, any ofthe
following individuals who might appear as witnesses in this case: _
Willie Davis, Jr., Nathaniel Briddell, Joseph Garrison, Larry E. Gibbs and Roy
· H. Walters, Phil Owen, Douglas Lynch, David Nuse, Susan McCauley, Alan
Zlotorzynski
6. Does any member ofthe panel have any personal knowledge of this case, or have
you read or heard it discussed, or have any opinion regarding it?
l l 7. Has any member of the panel ever been a plaintiff or a defendant in a civil
lawsuit?
8. Has any member of the panel ever served as a juror in a Fair Labor Standards Act
. or other lawsuit involving wage-hour law?
9. Does any member of the panel have any experience with, or knowledge oi the
Fair Labor Standards Act or other wage-hour laws? · ·
10. Does any member of the panel have any special disability or problem that would
make it dificult or impossible for you to serve as a member of the jury in this case?
. Defendant’s proposal a. Do any of you have difficult reading and writing in English?
Defendant’s proposal b. The Defendant l\/[ountaire Farms is the business of growing,
killing and processing chickens. Do any of you have any feelings or beliefs about the treatment
or eating of animals that would affect your thinking about this case? Are any of you members of
PETA (People for the Ethical Treatment of Animals) or another animal rights group? U
u L 3

Case 1:04-cv—00414-SLR Document 107 Filed 07/21/2008 Page 4 of 4
D€f€l1dHl'lt,S proposal c. Have you, or someone close to you, been involved in a job-
related lawsuit, charge, grievance or other dispute with an employer? ‘ `
Defe11dant’s proposal d. Have you felt that you, or someone close to you, was
improperly denied overtime or misclassified as exempt from overtime?
‘ Defendant’s proposal e. Have you or anyone close to you had any experience with
Mountaire Farms that affects your opinion of the Company.
e Defendant’s proposal f. Are you a member of the Teamsters Union or any other labor
union? `
_ 11. Does any member ofthe panel know of any other matter which you believe .
should be called to the court’s attention as having? some bearing upon your qualifications or
U ability to sit as- a juror, or which you think may prevent you from rendering a fair and impartial
U verdict based solely upon the evidence and my instructions as to the law? U
‘ isms l
4

Case 1:04-cv-00414-SLR

Document 107

Filed 07/21/2008

Page 1 of 4

Case 1:04-cv-00414-SLR

Document 107

Filed 07/21/2008

Page 2 of 4

Case 1:04-cv-00414-SLR

Document 107

Filed 07/21/2008

Page 3 of 4

Case 1:04-cv-00414-SLR

Document 107

Filed 07/21/2008

Page 4 of 4