Rose v. Plastikon Ind.

Filing 110

Notice of Court's Proposed Charge to the Jury and Special Verdict Form. Signed by Judge Alsup on March 1, 2012. (Attachments: # 1 Appendix Proposed Charge, # 2 Appendix Proposed Special Verdict Form)(whalc1, COURT STAFF) (Filed on 3/1/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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WILLIE ROSE,

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For the Northern District of California

United States District Court

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No. C 10-04355 WHA

Plaintiff,
v.
PLASTIKON INDUSTRIES, INC.,
Defendant.
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SPECIAL VERDICT FORM

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SPECIAL VERDICT FORM
Your answers must be unanimous.

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Question No. 1

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Has plaintiff proven that retaliation for making a harassment and discrimination complaint
was a motivating factor for defendant’s decision to discharge him?
Yes __________ No __________

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If you answer “no” to Question No. 1, then you have found defendant not liable and should

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proceed to date and sign the verdict form at the end of the last page. If you answer “yes” to
Question No. 1, please proceed to the next question.

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For the Northern District of California

United States District Court

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Question No. 2
If you have answered “yes” to the prior question, has defendant proven that its decision to
discharge plaintiff was also motivated by a lawful reason?
Yes __________ No __________

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If you answer “no” to Question No. 2, you have found defendant liable and should proceed to

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Question No. 4, skipping Question No. 3. If you answer “yes” to Question No. 2, please proceed

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to the next question.

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Question No. 3
If you have answered “yes” to both prior questions, has defendant proven that it would

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have made the same decision to discharge plaintiff even if retaliation had played no role in

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defendant’s decision to discharge plaintiff?

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Yes __________ No __________

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If you answer “yes” to Question No. 3, then you have found defendant not liable for damages and

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should proceed to date and sign the verdict form at the end of the last page. If you answer “no” to

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Question No. 3, you have found defendant liable and should proceed to the next question.

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Question No. 4
Has plaintiff proven that he suffered actual injury, damage or harm caused by the acts or
omissions of any of defendant’s employees?
Yes __________ No __________

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If you answer “no” to Question No. 4, skip Question No. 5 and proceed to Question No. 6. If you

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answer “yes” to Question No. 4, then please proceed to the next question.

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For the Northern District of California

United States District Court

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Question No. 5
State the amount of any damages proven by plaintiff as a result of defendant’s acts or
omissions.
$_________________
If your answer exceeds one dollar, please skip Question No. 6 and proceed to Question No. 7.

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Question No. 6
The law which applies to this case authorizes an award of nominal damages. If you find

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for plaintiff but you find that he has failed to prove damages as defined in these instructions,

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please state the amount of nominal damages you award (not to exceed one dollar).

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$_________________

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Please proceed to the next question.

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Question No. 7

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If you find that defendant is liable for any of the claims, do you find that defendant’s

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conduct that harmed plaintiff was malicious, oppressive or in reckless disregard of plaintiff’s

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rights and that punitive damages should be assessed against defendant?

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Yes __________ No __________
Please proceed to date and sign the verdict form below.

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Dated: March _____, 2012.

FOREPERSON

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For the Northern District of California

United States District Court

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