PERKINS COIE BROWN & BAIN P.A.

Transcription

1 1 1 Paul M. Levine, Esq. (#00) McCARTHY HOLTHUS LEVINE North Central Avenue Suite 0 Phoenix, Arizona 01 (0) 0- plevine@mccarthy-holthus.com Maria Salapska (#0) PERKINS COIE BROWN & BAIN P.A. 01 North Central Avenue Post Office Box 00 Phoenix, Arizona (0) msalapska@perkinscoie.com Attorneys for Plaintiff/Counterdefendant Marlyn Nutraceuticals, Inc. and Third Party Defendant Craig Knobloch MARLYN NUTRACEUTICALS, INC., an Arizona corporation, vs. Plaintiff, WILLIAM WONG and JANE DOE WONG, husband and wife; PATRICK BUEHL and JANE DOE BUEHL, husband and wife; WORLD NUTRITION, INC., an Arizona corporation; ABC Corporations I- X; XYZ Partnerships I-X; and JOHN DOES I-X and JANE DOES I-X, husbands and wives, respectively, Defendants. WORLD NUTRITION, INC., an Arizona corporation, Third Party Plaintiff/Counterclaimant/ Defendant, vs. MARLYN NUTRACEUTICALS, INC., UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA No. CIV 0- PHX-HRH PLAINTIFF/COUNTER- DEFENDANT/ THIRD PARTY DEFENDANT S PROPOSED VOIR DIRE QUESTIONS Case :0-cv-0-HRH Document 0 Filed 0/1/0 Page 1 of

2 1 1 an Arizona corporation; and CRAIG KNOBLOCH, Counterdefendant/Plaintiff/Third Party Defendant Plaintiff/Counterdefendant Marlyn Nutraceuticals, Inc. and Third Party Defendant Craig Knobloch, by and through their counsel undersigned, pursuant to the Court s Final Pretrial Order, submit the following Proposed Voir Dire Questions. I. BACKGROUND 1. How long have you lived in Arizona? Maricopa County?. Are you employed? [If yes] By whom? How many years? What is your job or job title? [Or, if no] What was your most recent employment? How many years? What was your job or. Are you married? [If yes] What is your spouse s occupation?. Do you have any children? [If yes] How many? What are their ages?. What is the last year in school that you completed?. Have you ever taken a course in (1) chemistry, biology, pharmacology or any medical sciences; () marketing; or () advertising. Please explain.. Have you or any member of your immediate family had any training or experience in the legal field? Please describe.. What are your leisure time activities? a. What newspapers do you read? How often do you read them? b. What news programs do you watch? How often do you watch them? c. What magazines do you read? How often do you read them? Case :0-cv-0-HRH Document Filed 0/1/0 Page of

3 1 1 II. CASE SPECIFIC QUESTIONS d. What are your favorite television shows?. Have any members of the jury, the juror s family or close friends or relatives. ever served on a jury? [If yes] what kind of case it was? What was the outcome, if known?. Have any members of the jury ever met or heard of any of the parties, the lawyers, or witnesses in this case?. Have any members of the jury, the juror s family or close friends or relatives. ever purchased, read or heard of Wobenzym?. Have any members of the jury, the juror s family or close friends or relatives ever purchased, read or heard of Vitalzym?. Have any members of the jury, the juror s family or close friends or relatives. ever worked for any company, health food store or healthcare professional who has sold or recommended Wobenzym?. Have any members of the jury, the juror s family or close friends or relatives ever worked for any company, health food store or healthcare professional who has sold or recommended Vitalzym?. Have any members of the jury, the juror s family or close friends or relatives. have any training or education in the pharmaceutical or nutraceutical industry?. Have any members of the jury, the juror s family or close friends or relatives. have any training or education as a naturopathic doctor?. Have any members of the jury, the juror s family or close friends or relatives have any training or education concerning the application or benefits of enzyme therapy or systemic enzymes?. Have any members of the jury, the juror s family or close friends or relatives own or have ever worked for a company that sells products on the internet?. Have any members of the jury, the juror s family or close friends or relatives own or work for a company that has a customer list? Case :0-cv-0-HRH Document Filed 0/1/0 Page of

4 1 1. Have any members of the jury, the juror s family or close friends or relatives ever worked for any pharmaceutical or nutraceutical company?. Have any members of the jury, the juror s family or close friends or relatives ever worked in sales or marketing for a pharmaceutical or nutraceutical company? 1. Have any members of the jury, the juror s family or close friends or relatives ever been accused of taking a customer list from an employer or former employer? 1. Have any members of the jury, the juror s family or close friends or relatives ever owned, or worked for, a company that asserted a claim for unfair competition or false advertising against another company?. Have any members of the jury, the juror s family or close friends or relatives ever owned, or worked for, a company against which another company asserted a claim for unfair competition or false advertising?. Have any members of the jury, the juror s family or close friends or relatives ever. ever worked for, or been involved with, a company that imports foreign products?. Have any members of the jury, the juror s family or close friends or relatives ever purchased or was given a product manufactured in a foreign country?. Have any members of the jury, the juror s family or close friends or relatives ever been treated or diagnosed with any medical condition resulting from ingestion of food, medication or nutritional supplements?. If the facts merit an award of punitive damages, do any of you have a philosophical problem with awarding punitive damages? If any of the foregoing questions in paragraph II. have been answered in the affirmative, appropriate follow up questions should be asked to insure that all the jurors will render their decision in a fair and impartial manner. Case :0-cv-0-HRH Document Filed 0/1/0 Page of

5 1 1 COPY of the foregoing mailed this 1 day of March, 0, to: RESPECTFULLY SUBMITTED this 1 day of March, 0. Stephen D. Hoffman, Esq. Lewis Brisbois Bisgaard & Smith LLP N. Central Ave., Suite 00 Phoenix, Arizona 01 Attorneys for Defendants, Counter- Claimant and Third Party Plaintiff McCARTHY HOLTHUS LEVINE /s/ Paul Levine Paul M. Levine N. Central Ave., Suite 0 Phoenix, Arizona 01 Attorneys for Plaintiff/Counterdefendant and Third Party Defendant Craig Knobloch PERKINS COIE BROWN & BAIN P.A. /s/ Maria Salapska Maria Salapska 01 North Central Avenue Post Office Box 00 Phoenix, Arizona Attorneys for Plaintiff/Counterdefendant and Third Party Defendant Craig Knobloch Case :0-cv-0-HRH Document Filed 0/1/0 Page of

6 1 1 Sean M. Plunkett, Esq. Jones, Skelton & Hochuli 01 N. Central, Suite 00 Phoenix, Arizona 01 Attorney for Defendants /s/ Linda Ream Case :0-cv-0-HRH Document Filed 0/1/0 Page of