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Hanger Prosthetics & Orthotics, Inc. v. Capstone Orthopedic

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 13, 2009

HANGER PROSTHETICS & ORTHOTICS, INC., PLAINTIFF,
v.
CAPSTONE ORTHOPEDIC, INC., SANTIAGO ROSALES, GLEN S. ELLIS, DAVID KIMZEY, ANGELA FULTON, AND DOES 1 THROUGH 5 INCLUSIVE, DEFENDANTS.

VERDICT FORM

The Jury finds the following verdict: Question No. 1: Does Plaintiff prevail on its claim under the federal Computer Fraud and Abuse Act against Capstone and/or Ellis? Capstone: Yes ____ No ____ Ellis: Yes ____ No ____

Question No. 2: If you answered "no" to question 1, proceed to question 4. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 3: What amount of damage do you find Plaintiff to have sustained?

Capstone: $_________________

Ellis: $_________________

Question No. 4: Does Plaintiff prevail on its claim under California Penal Code § 502(c)(1) against Capstone and/or Ellis? Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Question No. 5: If you answered "no" to question 4, proceed to question 7. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 6: What amount of damage do you find Plaintiff to have sustained?

Capstone: $_________________

Ellis: $_________________

Question No. 7: Does Plaintiff prevail on its claim under California Penal Code § 502(c)(2) against Capstone and/or Ellis? Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Question No. 8: If you answered "no" to question 7, proceed to question 10. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 9: What amount of damage do you find Plaintiff to have sustained?

Capstone: $_________________

Ellis: $________________

Question No. 10: Does Plaintiff prevail on its claim under California Penal Code § 502(c)(7) against Capstone and/or Ellis? Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Question No. 11: If you answered "no" to question 10, proceed to question 13. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 12: What amount of damage do you find Plaintiff to have sustained?

Capstone: $_________________

Ellis: $_________________

Question No. 13: Does Plaintiff prevail on its trade secret misappropriation claim against defendant?

Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Rosales: Yes ____ No ____

Question No. 14: If you answered yes to question 13, did defendant conspire to misappropriate Plaintiff's trade secret?

Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Rosales: Yes ____ No ____

Question No. 15: If you answered "no" to question 13, proceed to question 17. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 16: What amount of damage do you find Plaintiff to have sustained?

Capstone: $_________________

Ellis: $_________________

Rosales: $_________________

Question No. 17: Does Plaintiff prevail on its claim that defendant wrongfully exercised control over Plaintiff's confidential information without permission?

Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Rosales: Yes ____ No ____

Question No. 18: If you answered yes to question 17, did defendant conspire to wrongfully exercise control over Plaintiff's confidential information without Plaintiff's permission?

Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Rosales: Yes ____ No ___

Question No. 19: If you answered "no" to question 17, proceed to question 21. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 20: What amount of damage do you find Plaintiff to have sustained?

Capstone: $_________________

Ellis: $_________________

Rosales: $_________________

Question No. 21: Does Plaintiff prevail on its claim that defendant intentionally interfered with the economic relationship between Plaintiff and one or more of its employees and/or patients? Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Rosales: Yes ____ No ____

Question No. 22: If you answered yes to question 21, did defendant conspire to intentionally interfere with the economic relationship between Plaintiff and one or more of its employees and/or patients? Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Rosales: Yes ____ No ___

Question No. 23: If you answered "no" to question 21, proceed to question 25. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 24: What amount of damage do you find Plaintiff to have sustained?

Capstone: $_________________

Ellis: $_________________

Rosales: $_________________

Question No. 25: Does Plaintiff prevail on its claim that Rosales breached the Confidentiality Acknowledgment/Training Attestation by taking, using, and/or disclosing Plaintiff's confidential information?

Yes ____ No ____

Question No. 26: If you answered "no" to question 25, proceed to question 28. If you answered "yes," Plaintiff entitled to damages? Yes ____ No ____

Question No. 27: What amount of damage do you find Plaintiff to have sustained? $_________________

Question No. 28: Does Plaintiff prevail on its claim that Rosales breached the duty of loyalty owed to Plaintiff?

Yes ____ No ____

Question No. 29: If you answered "no" to question 28, proceed to question 30. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 30: What amount of damage do you find Plaintiff to have sustained? $_________________

Question No. 31: Does Plaintiff prevail on its claim that Rosales breached the fiduciary duty of confidentiality owed to Plaintiff?

Yes ____ No ___

Question No. 32: If you answered "no" to question 31, proceed to question 34. If you answered "yes," is Plaintiff entitled to damages?

Yes ____ No ____

Question No. 33: What amount of damage do you find Plaintiff to have sustained? $_________________

Question No. 34: If you answered yes to questions 4, 7, 10, 13, 17, or 21, then answer the following question. Did Defendant willfully and maliciously intend to cause harm to Plaintiff?

Capstone: Yes ____ No ____

Ellis: Yes ____ No ____

Rosales: Yes ____ No ___

_________________ _______________________ Date Presiding Juror

20090213

© 1992-2009 VersusLaw Inc.



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