Juan Lucero, Jr. v. John Ettare, et al

Filing 109

ORDER Following Pretrial Conference. Signed by Judge Kandis A. Westmore on 6/7/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (kawlc2, COURT STAFF) (Filed on 6/7/2017)

ATTACHMENT A

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUAN LUCERO, JR.,

Case No. 15-cv-02654-KAW

Plaintiff,
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v.

JUROR QUESTIONNAIRE

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JOHN ETTARE, et al.,
Defendants.

United States District Court
Northern District of California

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Please fill out this form as completely as possible and print clearly. Since we want to make copies

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for the attorneys and the Court, do not write on the back of any page. If you need more room,

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continue at the bottom of the page. Thank you for your cooperation.

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1.

Your name:
________________________________________________

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2.

Your age: _____________

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3.

The city where you live: ___________________________________
How long have you lived there:______________________________

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4.

Your place of birth: _______________________________________

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The city where you grew up: ________________________________

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Do you rent or own your own home? _________________________

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7.

What are your hobbies, major interests, recreational pastimes, and spare-time activities?

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Please describe your educational background:

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Highest grade completed: _________________________________

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College and/or vocational schools you have attended:

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Major areas of study:______________________________________________

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Professional or trade certifications: __________________________________

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9.

What is your occupation, and how long have you worked in it? (If you are retired, please
describe your main occupation when you were working).

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United States District Court
Northern District of California

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_______________________________________________________________

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_______________________________________________________________

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10.

_______________________________________________________________

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Please list the occupations of any adults with whom you live.
_______________________________________________________________

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Who is (or was) your employer?

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If you have children, please list their ages and gender and, if they are employed, please

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give their occupations.

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_______________________________________________________________

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_______________________________________________________________

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_______________________________________________________________

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13.

Do you have any family or friends who have been employed in law enforcement? If yes,

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please list their relationship to you and occupation.

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14.

Have you ever served on a jury before? ________ How many times?________

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If yes: State/County Court _______ Federal Court _______

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When? ____________________________________________________

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Was it a civil or criminal case? _________________________

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Did the jury(ies) reach a verdict? _______________________

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Have you ever served on a grand jury? ________

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If yes: State/County Court _______ Federal Court _______

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When? ____________________________________________________

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Was it a civil or criminal? _________________________

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16.

Have you, or any members of your immediate family, ever been a plaintiff or defendant in

United States District Court
Northern District of California

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any lawsuit? (a) If so, what happened? (b) Was the issue resolved to your satisfaction? If

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not, why not?

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_______________________________________________________________

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Have you ever served in the military? ________

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If yes: Country you served ________________

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Branch _________________________________

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Length of Service ________________________

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Last Rank ______________________________

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18.

Have you, or has anyone in your family or a close friend, had contact with law
enforcement? If so, identify whom and explain the extent of that contact.

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19.

Have you, or has anyone in your family or a close friend, been arrested, formally charged
with a crime, or convicted of a crime? If so, who?

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Have you, or has anyone in your family or a close friend, had a serious incident involving
alcohol (for example, public intoxication, driving under the influence)? If so, describe the
circumstances of the incident.

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Do you have any reason to believe you would not be impartial towards police officers or
police agencies, one way or another? If so, explain.

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This is a civil rights action, where Plaintiff alleges claims for false arrest and excessive
force. Plaintiff was arrested by the Berkeley Police Department on September 7, 2013,
after attending the BrewFest at the Pyramid Alehouse and Brewery in Berkeley. Plaintiff
alleges he and his brother witnessed a fight near his car, when someone hit Plaintiff in the
front of his neck. Plaintiff fell, and his brother intervened to help him. Defendant Officer
Ettare arrested Plaintiff and his brother, during which he slammed Plaintiff against the
passenger side mirror, breaking it. Plaintiff was transported to the Berkeley Police
Department jail. There, Plaintiff was taken to a safety cell, where officers proceed to beat
him, breaking his ankle and causing him to lose consciousness. Plaintiff was later
transported to Alta Bates Hospital after complaining of an ankle injury. Defendants allege
that Officer Ettare was dispatched to the scene after reports of a fight, and that he saw
Plaintiff in the middle of the road. Officer Ettare witnessed a vehicle, later identified as
Plaintiff's vehicle being driven by Plaintiff's brother, hit Plaintiff's left arm, causing the
mirror to fall off. Officer Ettare arrested Plaintiff on suspicion of being drunk in public.
Plaintiff was taken to the Berkeley Police Department jail, where he was verbally abusive
and combative. Plaintiff was placed in a safety cell, and Defendants deny beating Plaintiff.
When Plaintiff complained of an ankle injury, he was taken to Alta Bates Hospital.

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United States District Court
Northern District of California

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Have you heard about this dispute? If so, will you be able to put aside anything that you
have heard, and decide this case based solely on the evidence presented and the law as
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instructed by the Court?

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23.

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Do you know anyone who works as a judge, a clerk, a bailiff, an attorney, a court reporter
or in any other court-related job? If so, who?
_______________________________________________________________

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_______________________________________________________________

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24.
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United States District Court
Northern District of California

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_______________________________________________________________

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Have you, or any members of your immediate family, ever worked for the City of Berkeley
or Berkeley Police Department? Do you have any strong feelings about the City of
Berkeley or the Berkeley Police Department, one way or another?

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Below is a list of the parties, attorneys, and persons who are potential witnesses in this
case. Do you know, or think you know, any of the persons listed?
Yes:_____ No:_____
If so, make a checkmark next to their name.
Parties and attorneys
Juan Lucero, Jr., Plaintiff
Anthony Boskovich, Plaintiff's attorney

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John Ettare, Defendant
Kyle Howe, Defendant
Lynne Sarah Bourgault, Defendants' attorney

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Witnesses

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Jennifer Wilson
Edward Spiller
Ross Kassebaum
Michael Louie
Skyler Ramey
Alicia Escamillo

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Donald Haymore
Sandra Lucero
Roberto Lucero
Barry Gustin
Sarah M. Kelmenson-Chau
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Calvin Mettler
Leon McDaniels
Thomas Green
Jimmy Cardoza
Charlie Rice

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26.

Do you have any reason to believe you will not be impartial towards any of the parties,
attorneys, and persons who are listed as potential witnesses in this case?

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Below is a list of the court staff. Do you know, or think you know, any of the persons
listed?

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Yes:_____ No:_____
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If so, make a checkmark next to their name.

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Kandis Westmore
Alexandria Fearn
Jessica Cheng

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United States District Court
Northern District of California

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28.

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Do you have any disabilities that would prevent you from serving on a 5-day jury trial? If
yes, please explain:
_______________________________________________________________

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_______________________________________________________________

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Sue Imbriani
Treesineu McDaniel

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29.

Do you have any other reason that would prevent you from serving on a 5-day jury trial?
If yes, please explain:

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30.

Is there anything about you that you believe might be important for the Court or the
attorneys to know but that hasn’t been asked yet?

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_____ Yes

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If yes, please explain:

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_____No

Dated:
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Juror Signature

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