Mjuan Carlos Martinez v. Trung Q. Le et al

Filing 36

VERDICT FORM. Signed by Judge Paul S. Grewal on February 23, 2016 (psglc2, COURT STAFF) (Filed on 2/23/2016)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JUAN CARLOS MARTINEZ, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 14-cv-02945-PSG VERDICT FORM v. TRUNG Q. LE, et al., Defendants. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Case No. 14-cv-02945-PSG VERDICT FORM VERDICT FORM 1 2 3 4 5 When answering the following questions and filling out this verdict form, please follow the directions provided throughout the form. Your answer to each question must be unanimous. Some of the questions contain legal terms that are defined and explained in detail in the jury instructions. Please refer to the jury instructions if you are unsure about the meaning or usage of any legal term that appears in the questions below. 6 We, the jury, unanimously agree to the answers to the following questions and return them under the instructions of this Court as our verdict in this case. 7 FINDINGS ON LIABILITY 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. Did Plaintiff Juan Carlos Martinez perform work for Defendants Trung Q. Le and Letech Manufacturing, Inc.? Yes _____ No _____ If you answered “Yes,” then answer the next question. If you answered “No,” stop here, answer no further questions and proceed to page 5. 2. Did Mr. Martinez have an hourly wage rate of $10.00 per hour throughout his employment with Defendants? Yes _____ No _____ Proceed to the next question. 3. Did Mr. Martinez work overtime hours? Yes _____ No _____ If you answered “Yes,” then answer the next question. If you answered “No,” proceed to question 7. 4. Did Defendants know, or should Defendants have known, that Mr. Martinez had worked overtime hours? Yes _____ No _____ If you answered “Yes,” then answer the next question. If you answered “No,” proceed to question 7. 5. Was Mr. Martinez paid at a rate lower than the legal overtime compensation rate for any overtime hours that he worked for Defendants? Yes _____ No _____ If you answered “Yes,” then answer the next question. If you answered “No,” proceed to question 7. 27 28 2 Case No. 14-cv-02945-PSG VERDICT FORM 1 2 3 4 5 6 7 8 9 6. Did Defendants intentionally fail to pay Mr. Martinez overtime wages? Yes _____ No _____ Proceed to the next question. 7. Did Mr. Martinez’ employment with Defendants end on September 6, 2013? Yes _____ No _____ If you answered “Yes,” then answer the next question. If you answered “No,” proceed to question 10. 8. Did Defendants fail to pay the full amount of wages due to Mr. Martinez by October 6, 2013? Yes _____ No _____ If you answered “Yes,” then answer the next question. If you answered “No,” proceed to question 10. 11 United States District Court Northern District of California 10 9. Did Defendants willfully fail to pay these wages? 12 Yes _____ No _____ 13 Proceed to the next question. 14 10. Did Defendants engage in an unfair business practice by violating state and federal wage and hour laws? 15 16 17 Yes _____ No _____ Proceed to the next question. 18 19 20 21 22 23 24 25 26 27 28 3 Case No. 14-cv-02945-PSG VERDICT FORM FINDINGS ON DAMAGES 1 2 3 4 11. What are Mr. Martinez’ damages, if any? $ _______________________ Overtime Wages Owed Proceed to the next page. 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 Case No. 14-cv-02945-PSG VERDICT FORM 1 Have the presiding juror sign and date this form. 2 3 Signed: Presiding Juror 4 5 Dated: 6 7 After this verdict form has been signed and dated, notify the courtroom deputy that you are ready to present your verdict in the courtroom. 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SO ORDERED. 25 Dated: February 23, 2016 26 _________________________________ PAUL S. GREWAL United States Magistrate Judge 27 28 5 Case No. 14-cv-02945-PSG VERDICT FORM

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