Soilworks LLC v Midwest Industrial Supply Inc

Filing 114

Proposed Voir Dire by Soilworks LLC, Midwest Industrial Supply Inc, Soilworks LLC, Midwest Industrial Supply Inc. (Dosek, E)

Soilworks LLC v Midwest Industrial Supply Inc

Doc. 11

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E. SCOTT DOSEK #012114 KUTAK ROCK LLP Suite 300 8601 North Scottsdale Road Scottsdale, AZ 85253-2742 [phone] Facsimile: [phone] Attorneys for Plaintiff/Counterdefendant/Counterclaimant Soilworks, LLC JOHN P. PASSARELLI #16018 (NE) KUTAK ROCK LLP 1650 Farnam Street Omaha, NE 68102-2186 [phone] Facsimile: [phone] Attorneys for Plaintiff/Counterdefendant/Counterclaimant Soilworks, LLC CRAIG A. MARVINNEY #0004951 (OH) BROUSE MCDOWELL 1001 Lakeside Avenue, Suite 1600 Cleveland, OH 44114 [phone] Attorneys for Defendant/Counterclaimant/Counterdefendant Midwest Industrial Supply, Inc. JOHN M. SKERIOTIS #0069263 (OH) BROUSE MCDOWELL 388 S. Main Street, Suite 500 Akron, OH 44311-4407 (330-535-5711 Facsimile: [phone] Attorneys for Defendant/Counterclaimant/Counterdefendant Midwest Industrial Supply, Inc. UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA SOILWORKS, LLC, an Arizona corporation, Plaintiff / Counterdefendant / Counterclaimant, v. NO.: 2:06-CV-2141-DGC JOINT PROPOSED VOIR DIRE QUESTIONS

(Before the Honorable David G. Campbell)

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Dockets.Justia.com

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MIDWEST INDUSTRIAL SUPPLY, INC., an Ohio corporation authorized to do business in Arizona, Defendant / Counterclaimant / Counterdefendant. Pursuant to the Court's Order setting final pretrial conference dated August 7, 2008, the following are the parties' joint proposed voir dire questions: 1. Are any of you familiar with any of the lawyers involved in this case? The

plaintiff is represented by the law firm of Kutak Rock LLP and by E. Scott Dosek and John P. Passarelli of that law firm. The defendant is represented by Brouse McDowell and by Craig A. Marvinney and John M. Skeriotis of that firm. Defendant is also represented by the law firm of Jones Skelton and Hochuli and Donald L. Myles of that firm. 2. The plaintiff and the defendant in this case are both engaged in the soil

stabilization and dust control industry. Have any of you, or have any members of your immediate family, ever been employed by any public or private entity involved with dust control and/or soil stabilization? 3. There are several products associated with the parties to this case whose names

you will hear from the witnesses and see in some of the documents. Have any of you ever purchased or used any of the following products: Durasoil, Soiltac, Powdered Soiltac, Gorilla Snot, Soil-Sement, EnviroKlean, Road Oyl, Haul Pro, EK35, Road Pro NT, Haul Road Dust Control, Dustfyghter, Diamond Doctor, Arena RX, Road-bldr? 4. Have any of you either personally or in your job or occupation ever purchased

or used any product designed or intended to achieve dust control or soil stabilization? 5. Have any of you ever been employed as owner, partner or substantial

shareholder of the business in which you were employed?

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6.

This case involves claims related to the issuance by the United States Patent

and Trademark Office of Patents for certain products, processes and terms. Have any of you ever secured or made application for the issuance of a patent from the United States Patent and Trademark Office? Have any of you ever made application for or obtained registration of a trademark or a trade name? 7. 8. Have any of you been a party to a lawsuit, either as a plaintiff or defendant? For those of you who answered "yes" to the preceding questions, please give

us a brief summary of that experience, including whether you were a plaintiff or a defendant, when the lawsuit took place, where it took place, and what was the outcome? 9. For any of you who have ever acquired a registered patent or trademark from

the United States Patent and Trademark Office, has any person or firm ever used or attempted to use your patent or your trademark in any way which was without your permission and contrary to the rights which you owned? 10. Have any of you ever been accused by any person or business of engaging in

any activity or conduct which constituted an infringement of a patent or trademark claimed to be owned by that other person or business? 11. Are any of you or your immediate family members employed in the legal field

or the court system? 12. 13. Has any jury member been called upon to testify as a witness in court? Do any of you believe that it is inherently wrong or improper for any person or

business to bring a lawsuit. 14. At the conclusion of the trial the Judge will instruct you on the law as it

pertains to this case. You will be instructed that it is your obligation to follow the law in deciding the case. Are there any of you who feel that you would not be able to follow the law even if for any reason you personally might disagree with it? 15. Do any of you have any background or educational training in chemistry or

chemical engineering?
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16. 17.

Do any of you own, operate or maintain any internet website? Have any of you used Google to advertise any product or service or to invite

visits to a particular website? 18. internet? 19. Of those of you who have purchased or services through the internet, have any How many of you have purchased any goods or services online through the

of you had any negative or unpleasant experiences resulting from those transactions? 20. 21. Have any of you ever offered any product or service for sale on E-Bay? Have you or any members of your immediate family ever worked in a business

that claimed to have trade secrets? 22. Have you or has any member of your immediate family ever been responsible

for protecting trade secrets, patents or trademarks? 23. Have you or has any member of your immediate family ever been involved in a

situation in which trade secrets were stolen or improperly disclosed to a third party? 24. Have you ever been involved in a situation in which you were asked or

required to sign a confidentiality or non-disclosure agreement? Dated this 19th day of September, 2008. KUTAK ROCK LLP

By

/s E. Scott Dosek E. Scott Dosek, Esq. 8601 North Scottsdale Road, Suite 300 Scottsdale, AZ 85253-2742 Attorneys for Plaintiff Soilworks, LLC

KUTAK ROCK LLP

By

/s John P. Passarelli John P. Passarelli, Esq. 1650 Farnam Street Omaha, NE 68102-2186 Attorneys for Plaintiff Soilworks, LLC

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BROWSE MCDOWELL

By

/s Craig A. Marvinney Craig A. Marvinney, Esq. 1001 Lakeside Avenue, Suite 1600 Cleveland, OH 44114 Attorneys for Midwest Industrial Supply, Inc.

BROWSE MCDOWELL

By

/s John M. Skeriotis John M. Skeriotis, Esq. 388 S. Main Street, Suite 500 Akron, OH 44311-4407 Attorneys for Defendant Midwest Industrial Supply, Inc.

COPYthof the foregoing electronically filed this 19 day of September, 2008, and copies electronically submitted this same date to: Donald L. Myles, Jr., Esq. Jones, Skelton & Hochuli PLC 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 [e-mail] Attorneys for Defendant Midwest Industrial Supply, Inc. By: s/Amy Fletcher

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