Eric J Lindsey v. SLT Los Angeles LLC, et al

Filing 299

MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Attached is a copy of a draft verdict form to be used in trial of this lawsuit. The parties should review this document and the draft jury instruction previously provided and be prepared to discuss them at the hearing now set for Monday, September 30, 2013, at 3:30 p.m. (smo)

LINK:
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

Case No.

CV 02-3822 GAF (FMOx)

Title

Eric J Lindsey v. SLT Los Angeles LLC, et al

Present: The Honorable

Date

September 27, 2013

GARY ALLEN FEESS

Stephen Montes Kerr
Deputy Clerk

None
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

None

None

Proceedings:

(In Chambers)

ORDER RE: DRAFT VERDICT FORM

Attached is a copy of a draft verdict form to be used in trial of this lawsuit. The
parties should review this document and the draft jury instruction previously provided
and be prepared to discuss them at the hearing now set for Monday, September 30, 2013,
at 3:30 p.m.
IT IS SO ORDERED.
Attachment

CV-90 (06/04)

CIVIL MINUTES - GENERAL

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA
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)
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Plaintiff,
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v.
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STARWOOD HOTELS & RESORTS )
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WORLDWIDE, INC.
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Defendants.
_________________________________ )
E-JAY’S PANACHE IMAGES, et al.

Case No. CV 02-3822- GAF
DRAFT SPECIAL VERDICT

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WE, THE JURY, in the above-entitled action now reach a unanimous verdict
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on the following questions submitted to us:
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BREACH OF CONTRACT
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1.

Did PANACHE prove by a preponderance of the evidence that it entered into

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a contract with STARWOOD?
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YES ___

NO ___

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IF YOU ANSWERED YES, GO TO QUESTION NO. 2. IF YOU
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ANSWERED NO, SIGN AND DATE THE VERDICT FORM AND
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NOTIFY THE COURT.
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2.

Did PANACHE prove by a preponderance of the evidence that it performed

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all, or substantially all, of the significant things that the contract required it

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to do?

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YES ___

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IF YOU ANSWERED YES, GO TO QUESTION NO. 3. IF YOU

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ANSWERED NO, SIGN AND DATE THE VERDICT FORM AND

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NOTIFY THE COURT.

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3.

NO ___

Did PANACHE prove by a preponderance of the evidence that all conditions
required by the contract for Starwood’s performance had occurred?

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YES ___

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IF YOU ANSWERED YES, GO TO QUESTION NO. 4. IF YOU

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ANSWERED NO, SIGN AND DATE THE VERDICT FORM AND

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NOTIFY THE COURT.

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4.

NO ___

Did PANACHE proved by a preponderance of the evidence that

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STARWOOD breached its contract with PANACHE by failing to do

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something that the contract required it to do?

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YES ___

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IF YOU ANSWERED YES, GO TO QUESTION NO. 5. IF YOU

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ANSWERED NO, SIGN AND DATE THE VERDICT FORM AND

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NOTIFY THE COURT.

NO ___

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SECTION 1981 VIOLATION

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5.

Did PANACHE prove by a preponderance of the evidence that

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STARWOOD’S failure to perform its obligations under the contract was

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motivated by racial animus, that is, that STARWOOD intentionally and

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purposefully discriminated against PANACHE because of the race of its

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partners?

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YES ___

NO ___

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GO TO QUESTION NO. 6.

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UNRUH ACT VIOLATION

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6.

Did PANACHE prove by a preponderance of the evidence that

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STARWOOD’s breach of contract denied PANACHE the full and equal

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accommodations, advantages, facilities, privileges or services in a business

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establishment?

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YES ___

NO ___

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IF YOU ANSWERED YES, GO TO QUESTION NO. 7. IF YOU ANSWERED

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NO, SIGN AND DATE THE FORM AND NOTIFY THE COURT.

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7.

Did PANACHE prove by a preponderance of the evidence that the race of

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PANACHE’S partners was a motivating factor for this denial?

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YES ___

NO ___

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IF YOU ANSWERED YES, GO TO QUESTION NO. 8. IF YOU ANSWERED

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NO, SIGN AND DATE THE FORM AND NOTIFY THE COURT.

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8.

Did STARWOOD prove by a preponderance of the evidence that the denial

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was not arbitrary, that is, that the actions taken were reasonably related to a

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valid business objective?

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YES ___

NO ___

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SIGN AND DATE THE FORM AND NOTIFY THE COURT.

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DATED:

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______________________________

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FOREPERSON

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