Free Proposed Jury Instructions - District Court of Arizona - Arizona

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

J. Mark Ogden, AZ Bar No. 017018 J. Greg Coulter; AZ Bar No. 016890 Kristin R. Culbertson; AZ Bar No. 020801 LITTLER MENDELSON A Professional Corporation Camelback Esplanade 2425 East Camelback Road, Suite 900 Phoenix, AZ 85016 Telephone: 602.474.3600 Facsimile: 602.957.1801 E-Mail: [email protected] [email protected] [email protected] Attorneys for Defendant Connecticut General Life Insurance Company UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Equal Employment Opportunity Commission, Plaintiff, v. Connecticut General Life Insurance Company, Defendant. Connecticut General Life Insurance Company hereby submits the following Form of Verdict in accordance with Rule 49(b) of the Federal Rules of Civil Procedure and this Court's Order Setting Final Pretrial Conference: Case No. CIV'04 0627 PHX JAT DEFENDANT'S PROPOSED FORM OF VERDICT AND JURY INTERROGATORIES

Case 2:04-cv-00627-JAT

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

JURY INTERROGATORIES (1) Has the Plaintiff proven by a preponderance of the evidence that Defendant withdrew

its offer of employment to Ms. Santa Cruz?

ANSWER:

Yes:____________

No:______________

If your answer is "No," do not answer any further questions and proceed to the verdict form. If your answer is "Yes," proceed to answer question No. 2.

(2)

Has the Plaintiff proven by a preponderance of the evidence that Defendant withdrew

its offer of employment to Ms. Santa Cruz because of her pregnancy?

ANSWER:

Yes:____________

No:______________

If your answer is "No," do not answer any further questions and proceed to the verdict form. If you answer is "Yes," proceed to answer Interrogatory No. 3.

(3)

Did the Plaintiff prove by a preponderance of the evidence that Ms. Santa Cruz

suffered damages as a result of Defendant's withdrawing its offer of employment? ANSWER: Yes:____________ Proceed to Verdict Form No:______________

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

VERDICT FORM Question 1: On the Plaintiff's claim that Defendant withdrew its offer of

employment to Ms. Santa Cruz because of her pregnancy, we find in favor of: ___________________ [Plaintiff] or ____________________ [Defendant]

Note: Answer the next question only of the above finding is in favor of Plaintiff. If the above finding is in favor of Defendant, have your foreperson sign and date this form because you have completed your deliberations. Question 2: We find that as a result of Defendant's actions, Ms. Santa Cruz should be awarded: $____________________ [state the amount or, if none, write the work "none"] Foreperson Dated

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

ADDITIONAL JURY INTERROGATORIES Punitive Damages (1) Has Plaintiff proven by a preponderance of the evidence that Defendant withdrew its

offer with malice or reckless indifference to Ms. Santa Cruz's pregnancy so as to justify an award of punitive damages? ANSWER: Yes:____________ No:______________

If your answer is "Yes," then proceed to answer Question No. 2. If your answer is "No," then do not answer any further questions. Have the foreperson enter "none" in the blank and sign the Additional Verdict Form because you have completed your deliberations on this claim.

(2)

Do you find, by a preponderance of the evidence, that the Defendant took good faith

efforts to comply with Title VII? ANSWER: Yes:____________ No:______________ Have the

If your answer is "Yes," then do not answer any further questions.

foreperson enter "none" in the blank and sign the form of verdict because you have completed your deliberations on this claim. If your answer is "No," then proceed to the Additional Verdict Form.

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

ADDITIONAL VERDICT FORM Question 1: We assess punitive damages against Defendants, as follows:

$

[state the amount, or, if none, write the word "none".]

Foreperson

Date

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION Camelback Esplanade 2425 East Camelback Road Suite 900 Phoenix, AZ 85016 602.474.3600

RESPECTFULLY SUBMITTED this 26th day of June, 2006.

s/ Kristin R. Culbertson J. Mark Ogden J. Greg Coulter Kristin R. Culbertson LITTLER MENDELSON, P.C. Attorneys for Defendant Connecticut General Life Insurance Company

I hereby certify that on June 26, 2006, 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: Mary Jo O'Neill C. Emanuel Smith Katherine J. Kruse Equal Employment Opportunity Commission Phoenix District Office 3300 North Central Avenue, Suite 690 Phoenix, AZ 85012-9688 Attorneys for Plaintiff s/ Leslie Boone
Firmwide:81247681.1 042081.1007

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