Barcelon v. Landforce Corporation, et al., No. 2:2018cv01493 - Document 91 (D. Nev. 2020)
Court Description: ORDER Granting 90 Proposed Joint Pretrial Order. Calendar Call set for 6/1/2021 at 9:00 AM in LV Courtroom 7D before Judge Gloria M. Navarro. Jury Trial set for 6/7/2021 at 8:30 AM in LV Courtroom 7D before Judge Gloria M. Navarro. Signed by Judge Gloria M. Navarro on 8/11/2020. (Copies have been distributed pursuant to the NEF - HAM) Modified on 8/11/2020 to link document (SLD).
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Barcelon v. Landforce Corporation, et al. Doc. 91 Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 1 of 21 1 2 3 4 5 6 LESLIE MARK STOVALL, ESQ. Nevada Bar No. 2566 ROSS MOYNIHAN, ESQ. Nevada Bar No. 11848 STOVALL & ASSOCIATES 2301 Palomino Lane Las Vegas, NV 89107 Telephone: (702) 258-3034 E-service: court@lesstovall.com Attorneys for Plaintiff 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 ROBERT BARCELON, an individual, 10 Plaintiff, 11 vs. 12 13 14 15 LANDFORCE CORPORATION individually; ALBERT LEON HARRIS, individually; DOES I-X; and ROES CORPORATIONS I-X, inclusive, Defendants. 16 17 18 19 JOINT PRE-TRIAL ORDER After pretrial proceedings in this case, IT IS ORDERED: 20 I. 21 22 23 24 25 26 27 Case No.: 2:18-cv-01493-GMN-DJA NATURE OF ACTION AND CONTENTIONS OF PARTIES: This is an action for negligence: In his Complaint [ECF 1], Plaintiff Robert Barcelon contends that on October 5, 2016, he was injured when the vehicle that he was operating and the vehicle owned by Defendant Landforce Corporation and operated by Defendant Harris collided on Highway 70 at milepost 185 in Colorado. 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 1 of 21 - Dockets.Justia.com Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 2 of 21 1 Plaintiff alleges that Defendant Harris negligently lost control of the vehicle he 2 was driving resulting in the collision. Plaintiff alleges that Defendant Landforce 3 negligently entrusted the vehicle to Defendant Harris. 4 In their Answers, Defendants admit that Defendant Harris was Defendant 5 Landforce Corporation’s employee in the course and scope of his employment. [ECF 6 26 and 36] Defendants deny negligence in the incident. Defendants contend that 7 Plaintiff has failed to state claims on which relief can be granted, that his injuries, if any, 8 were a result of his own contributory negligence, that his negligence when compared to 9 that of defendant, that Plaintiff failed to mitigate his damages, that the circumstances 10 constituted a sudden emergency and that the accident was unavoidable. 11 II. 12 STATEMENT OF JURISDICTION 13 Plaintiff alleged diversity of citizenship, 28 U.S.C. §1441. Plaintiff states in his 14 Complaint that he is a resident of the state of Nevada. Plaintiff’s Complaint alleges that 15 the principle place of business of Defendant Landforce Corporation is Victorville, CA 16 and that the Defendant Harris is a resident of California. Plaintiff alleges damages in 17 excess of $75,000.00. 18 III. 19 20 THE FOLLOWING FACTS ARE ADMITTED BY THE PARTIES AND REQUIRE NO PROOF: 21 On October 5, 2016, Defendant Landforce Corporation was the owner of a 22 23 certain International Tractor Trailer operated by Defendant Harris. On October 5, 2016, Defendant Harris was an employee of Defendant Landforce 24 Corporation and was acting in the course and scope of his employment at the time of 25 the subject accident. 26 The subject motor vehicle accident occurred in the State of Colorado. 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 2 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 3 of 21 1 The parties have stipulated and the Court has ordered to the dismissal of 2 Plaintiff’s claim against Defendant Landforce Corporation that it negligently entrusted its 3 vehicle to Defendant Harris. [ECF 88]. 4 5 6 7 IV. THE FOLLOWING FACTS, THOUGH NOT ADMITTED, WILL NOT BE CONTESTED AT TRIAL BY EVIDENCE TO THE CONTRARY: N/A 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V. THE FOLLOWING ARE THE ISSUES OF FACT TO BE TRIED AND DETERMINED UPON TRIAL. [EACH ISSUE OF FACT MUST BE STATED SEPARATELY AND IN SPECIFIC TERMS.] PLAINTIFF’S VIEW 1. Did defendant Harris breach his duty to operate defendant Landforce’s vehicle as a reasonably prudent driver under the same or similar circumstances prior to defendant Landforce’s vehicle colliding with plaintiff’s vehicle. 2. Did defendant Landforce breach a duty to sufficiently train, qualify, and supervise Harris in the operation of its vehicle. 3. Was the plaintiff comparatively negligent in the operation of his vehicle prior to the defendant Landforce’s vehicle colliding with the plaintiff’s vehicle. 4. Did defendant Landforce’s vehicle collision with the plaintiff’s vehicle a proximate and actual cause of physical injury resulting in an aggravation or exacerbation of preexisting lumbar disc disorder. 5. Was the medical care rendered to plaintiff to treat injury to his low back medically reasonable and necessary and related to the collision. 6. Was the cost of medical care rendered to plaintiff to treat injury to his low back reasonable and customary within this community. 7. Did defendant Landforce’s vehicle colliding with the plaintiff’s vehicle cause physical injury to the plaintiff’s middle back/thoracic spine. JOINT PRE-TRIAL ORDER 3546216v1 - Page 3 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 4 of 21 1 2 3 4 5 6 7 8 9 10 11 8. Was the medical care rendered to plaintiff to treat injury to his middle back medically reasonable and necessary and related to the collision. 9. Was the cost of medical care rendered to plaintiff to treat injury to his middle back reasonable and customary within this community. 10. Did defendant Landforce’s vehicle colliding with the plaintiff’s vehicle cause physical injury to the plaintiff’s neck/cervical spine. 11. Was the medical care rendered to plaintiff to treat injury to his neck medically reasonable and necessary and related to the collision. 12. Was the cost of medical care rendered to plaintiff to treat injury to his neck reasonable and customary within this community. 13. To a reasonable degree of medical probability, will plaintiff require future 12 medical care to his neck/cervical spine as a result of the collision at issue in this case, 13 and what will be the cost of that care. 14 14. Did, and to what extent did, the plaintiff suffer past loss of income, future 15 loss of income, and a loss of future earning capacity as a result of the collision at issue 16 in this case and resulting physical injury, to a reasonable degree of probability. 17 15. Did, and to what extent did, the plaintiff suffer general damages, 18 specifically past and future pain and suffering as a result of the collision at issue in this 19 case and what is a reasonable sum of money to compensate plaintiff for past and future 20 pain and suffering. 21 DEFENDANT’S VIEW 22 All facts related to Plaintiff’s operation of his vehicle under the circumstances. 23 Did Plaintiff’s operation of his motor vehicle fall below the standard of reasonable 24 care which a reasonable person would use under the same or similar circumstances? 25 All facts related to Defendant’s operation of his vehicle under the circumstance. 26 Did Defendant’s operation of his motor vehicle fall below the standard of 27 reasonable which a reasonably careful person would use under the same or similar 28 circumstances? JOINT PRE-TRIAL ORDER 3546216v1 - Page 4 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 5 of 21 1 What percentage of the negligence was the Defendants’? 2 What percentage of the negligence was the Plaintiff’s? 3 Did Plaintiff’s share of negligence exceed the negligence of Defendant Harris’s 4 5 6 7 8 9 share of negligence? Was Defendants’ negligence, if any, the proximate cause of any of Plaintiff’s injures or damages? Was Plaintiff’s negligence, if any, the proximate cause of Plaintiff’s injures or damages? What medical care did Plaintiff obtain following the subject accident? 10 What if any pre-existing conditions did Plaintiff have at the time of the incidents? 11 What if any of the medical care that Plaintiff obtained following the incidents was 12 13 14 15 16 necessary because of pre-existing condition(s) of Plaintiff? Did Plaintiff sustain an aggravation to his pre-existing condition(s), if any, as a result of the incidents? What if any of the medical care that Plaintiff obtained following the incident was necessary because of an aggravation to his pre-existing condition(s), if any? 17 What injuries if any did Plaintiff suffer any injury as a result of the incident? 18 What if any of the medical care that Plaintiff obtained following the incident was 19 20 21 necessary because of injuries he received in the incident? Did Plaintiff mitigate his damages by obtaining medical care the price of which was reasonable and customary in the community? 22 Did Plaintiff suffer any loss of earnings in the past? 23 Will Plaintiff suffer any loss of earnings in the future? 24 What is the extent, if any, of Plaintiff’s past and future damages that are related 25 to the subject motor vehicle accident? 26 Did Plaintiff suffer any non-economic losses in the past? 27 Will Plaintiff suffer any non-economic losses in the future? 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 5 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 6 of 21 1 VI. 2 THE FOLLOWING ARE THE ISSUES OF LAW TO BE TRIED AND DETERMINED UPON TRIAL. [EACH ISSUE OF LAW MUST BE STATED SEPARATELY AND IN SPECIFIC TERMS 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PLAINTIFF’S VIEW 1. Did defendant Landforce have a duty to adequately train and supervise defendant Harris, and ensure that he was adequately experienced to operate a tractor trailer in snowy/icy conditions. 2. Did defendant Harris have a duty to ensure that he was adequately trained and experienced to operate a tractor trailer in snowy/icy conditions. 3. Did defendant Harris have a duty to operate the tractor trailer as a reasonable person in the same or similar circumstances. 4. Is there adequate evidence to support a defense that plaintiff was comparatively negligent. 5. Did plaintiff have a duty to operate his vehicle as a reasonable person under the same or similar circumstances. 6. As a matter of law, does the mere existence of ordinary, age-related, and asymptomatic degeneration of the cervical, thoracic, and/or lumbar spine permit the defendants to argue that plaintiff has a “preexisting condition” which is the cause of plaintiff’s pain complaints/alleged injuries. 7. Is there adequate foundation for any of defendants’ alternative causation defenses in response to plaintiff’s damages claims. DEFENDANT’S VIEW Will the law of the state of Colorado apply to this incident which occurred on I-70 near Vail Colorado? What duty, if any, did Defendant Harris owe to Plaintiff regarding the operation of their vehicle? 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 6 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 7 of 21 1 2 What Duty, if any, did Plaintiff owe to Defendants regarding the operation of his vehicle? 3 When the court applies the comparative fault of Plaintiff as assigned by the jury, 4 does Colorado’s comparative fault law, CRS §13-21-111, preclude him from a 5 recovery? 6 When the court applies the comparative fault of Plaintiff as assigned by the jury, 7 to what extent will Colorado’s comparative fault law, CRS §13-21-111, reduce the 8 recovery as stated in the verdict? 9 VII 10 THE FOLLOWING ARE EXHIBITS AND OBJECTIONS 11 (a) 12 The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: (1) Plaintiff's exhibits. 13 The parties have not reached any stipulation regarding any of Plaintiff’s 14 exhibits. 15 (2) Defendant's exhibits. 16 The parties have not reached any stipulation regarding any of Defendant’s 17 18 19 20 exhibits. (b) As to the following exhibits, the party against whom the same will be offered objects to their admission on the grounds stated: (1) Set forth the plaintiff's exhibits and objections to them. 21 22 23 a) John Thalgott, MD Medical Records PLTF00008 - PLTF00049 b) John Thalgott, MD Billing Records PLTF00050 - PLTF00051, PLTF00234 c) SimonMed Imaging Medical Records PLTF00052 - PLTF00056 d) SimonMed Imaging Billing Records PLTF00057 - PLTF00058 24 25 26 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 7 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 8 of 21 1 2 3 e) Jackson Physical Therapy Medical Records PLTF00059 - PLTF00134 f) Jackson Physical Therapy Billing Records PLTF00135 - PLTF00139 g) Advanced Spine & Pain Center Medical Records PLTF00140 - PLTF00151 h) Advanced Spine & Pain Center Billing Records PLTF00152 - PLTF00153 i) Las Vegas Radiology Medical Records PLTF00154 - PLTF00169 j) Las Vegas Radiology Billing Records PLTF00170 - PLTF00175 k) Witold Iglikowski, MD Medical Records PLTF00176 - PLTF00181 l) Witold Iglikowski, MD Billing Records PLTF00182 m) Pain Institute of Nevada Medical Records PLTF00183 - PLTF00214 PLTF00245 – PLTF00370 n) Pain Institute of Nevada Billing Records PLTF00215 - PLTF00227 PLTF00238- PLTF00244 PLTF00370 - PLTF00379 PLTF00393 -- PLTF00395 o) West Las Vegas Surgery Center Medical Records PLTF00228 - PLTF00230 p) West Las Vegas Surgery Center Billing Records PLTF00230 - PLTF00233 q) Valley View Surgery Center PLTF00238 r) The Center for Diseases and Surgery of the Spine Medical Records PLTF00380 – PLTF00389 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 8 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 9 of 21 1 s) The Center for Diseases and Surgery of the Spine Billing Records PLTF00390 – PLTF00392 t) Documents evidencing Plaintiff’s earnings from Security National Mortgage PLTF00396 – PLTF00397 u) Estimate of Record 2009 Dodge Ram 1500 Truck BLWM 000006- BLWM 0000015 v) 2009 Dodge Ram 1500 Truck Market Value BLWM 000016- BLWM 0000032 w) Photo of Vehicle Damages 2009 Dodge Ram 1500 Truck BLWM 000033- BLWN 0000041 x) Photo LF 00027- LF 00034 y) Photos of Trailer with police accident exchange information LF 00037- LF 00038 z) Photo of 2009 White Dodge Ram 1500 Truck attached to E-mail from Edna Gomez to Yesenia Alvarado LF 00040- LF 00048 aa) Simon Medical Imaging Films for Plaintiff Independent Obtained CD SMI 00001 bb) Stienberg Diagnostic Medical Imaging Films for Plaintiff Independently obtained CD SDM 00001 cc) Ten Photographs of Plaintiff’s vehicle taken by Heather Barcelon 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Defendant objects to the Plaintiff’s exhibits as follows: 22 a) Defendant objects to all of Plaintiff’s proposed exhibits because Defendant has not been provided a copy of the proposed exhibits to determine whether they are documents that were produced in compliance with Plaintiff’s Rule 26 obligations and Plaintiff has not served his FRCP 26(a)(3) Disclosure. 23 24 25 26 b) Defendant objects to Plaintiff’s proposed exhibits because the records and bills are all hearsay and the records and bills do not qualify for admission based on any exception to the hearsay rule. 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 9 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 10 of 21 1 c) Defendant objects to the introduction of the reports, CVs, Fee Schedules, Testimonial Histories as well as rebuttal reports of any of Plaintiff’s retained or non-retained medical experts because they are all hearsay and do not qualify to admission under any exception to that rule. 2 3 d) Defendant objects to the introduction of any deposition transcripts because deposition transcripts and the testimony recorded there are hearsay. Plaintiff has not taken the steps necessary to qualify to read from the transcripts or to introduce them into evidence. 4 5 6 e) Defendant objects to the introduction of any exhibits that Plaintiff did not disclosure during discovery and as provided for in F.R.C.P. 37(c)(1) 7 8 9 f) Defendant objects to the introduction of physical copies of responses to written discovery because they are hearsay and Plaintiff has not laid the foundation to read anything from them into evidence. 10 11 12 (2) Set forth the defendant's exhibits and objections to them. 13 501 502 14 15 503 504 16 17 18 Description Traffic Accident Report & Statements Center for Disease & Surgery of the Spine Simon Med Imaging Advanced Spine and Pain Center 505 Valley View Surgical Center 19 506 Pain Institute of Nevada 20 21 22 507 Jackson Physical Therapy 23 24 508 Nevada Comprehensive Pain Center (Coppel) 25 509 Thalgott, John, M.D. 26 27 510 Lee, Franco, M.D. 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 10 of 21 - Bate Nos. TAR 000006 CFDASOTS 000003 SMI 00001-7 ASPC 00004-5, 1015 VVSC 00001, 4, 10, 12 PIN 000034, 6-8, 4951, 61-63, 67, 74, 7578 000077-79 (PLTF 132134) NCPC 00001-2, 00005-0073 JSTMD, 00001, 2627, 36-41, 48-49. FMLMD, 00001-4 Exh. No 501 508 509 520 521 524 527 530 532 533 Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 11 of 21 1 2 3 511 Employer’s Insurance Company of Nevada 4 5 6 7 8 9 10 11 12 512 Tax Records 13 513 Elite Investigation Videos 14 514 Health Care Partners 15 16 17 18 19 515 SimonMed Imaging Films 20 516 Acree, W. Benjamin, D.C. 21 22 518 Smiths Food and Drug Center 23 519 Hanks, Jeffrey, D.C. 24 25 5-7, 8-12, 13-18, 3641, 47-52, 75-80 84-132 EICON, 000001, 47 -58, 61-75, 84-97, 106, 111113, 143146, 153, 157-159 165-172 173, 180, 198, 221222, 225-238, 241-242 IRS 000001000037 Electronic Evidence HCP / HCPN 00001 -2, 72-80, 8295, 145-156, 314-317, 328, 432433, 582586, 611615 Electronic Evidence WBADC 00001 – 00009 SFD 0000100015 JHDC 0000100023 26 Plaintiff objects to the exhibits of Defendant as follows: 27 a. with respect to 501, this is a traffic accident report and is inadmissible hearsay. 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 11 of 21 - 551 560 579 580 583 585 576 562 Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 12 of 21 1 b. with respect to 502, 503, 504, 505, 506, 507, and 512, plaintiff objects to these documents on authenticity and hearsay grounds. Plaintiff further objects as these selections of medical records appear not to be complete. c. with respect to 508, 509, 510, 514, 516, 518, and 519, plaintiff objects to these documents as they are mostly irrelevant to the facts at issue in this case and are offered as a means to confuse the jury and offer unfounded theories of alternative causation. Plaintiff further objects on authenticity and hearsay grounds. d. with respect to 513, plaintiff objects as this surveillance was not appropriately disclosed and therefore cannot be permitted as affirmative evidence and should not be permitted as impeachment evidence. Plaintiff further objects on relevancy, authenticity, and hearsay grounds. 2 3 4 5 6 7 8 9 (c) 10 Electronic evidence: [State whether the parties intent to present electronic evidence for purposes of jury deliberations. (1) 11 12 13 Plaintiff intends to present the following electronic evidence for jury deliberations. (a) SimonMed Medical Films CD SMI 00001 (b) Stienberg Diagnostic Medical Imaging Films CD SDM 00001 14 (2) 15 16 17 18 19 20 21 (d) Defendant intends to present the following electronic evidence for jury deliberations: a) Surveillance Video of Plaintiff from Elite Investigations. (Exh. 579) b) SimonMed Imaging Films (Exh. 583). Depositions: (1) Plaintiff will offer the following depositions: [Indicate name of deponent and identify portions to be offered by pages and lines and the party or parties against whom offered. 22 23 24 25 26 27 28 i) Name of Deponent ii) Portions to be Offered iii) Party against whom Offered Albert Leon Harris All Defendant i) Name of Deponent: ii) Portions to be Offered: iii) Party against whom Offered: Barcleon, Barbara All Defendant i) Name of Deponent: ii) Portions to be Offered: iii) Party against whom Offered: Barcelon, Heather All Defendant JOINT PRE-TRIAL ORDER 3546216v1 - Page 12 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 13 of 21 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 24 Barcelon, Robert All Defendant i) Name of Deponent: ii) Portions to be Offered: iii) Party against whom Offered: Dempsey, Shelly All Defendant i) Name of Deponent: ii) Portions to be Offered: iii) Party against whom Offered Gouker, Joshua All Defendant (2) Defendant will offer the following depositions: [Indicate name of deponent and identify portions to be offered by pages and lines and the party or parties against who offered. 11 23 i) Name of Deponent: ii) Portions to be Offered: iii) Party against whom Offered: i) ii) iii) Name of Deponent: Portions to be Offered: Party against whom Offered: Barcleon, Barbara All Plaintiff i) ii) iii) Name of Deponent: Portions to be Offered: Party against whom Offered: Barcelon, Heather All Plaintiff i) ii) iii) Name of Deponent: Portions to be Offered: Party against whom Offered: Barcelon, Robert All Plaintiff i) ii) iii) Name of Deponent: Portions to be Offered: Party against whom Offered: Dempsey, Shelly All Plaintiff i) ii) iii) Name of Deponent: Portions to be Offered: Party against whom Offered Gouker, Joshua All Plaintiff (e) Objections to depositions: (1) Defendant objects to plaintiff's depositions as follows: 25 Defendant objects to the introduction of the physical transcript of any deposition. Defendant objects to the introduction into evidence of any testimony from the deposition because the record of testimony is hearsay. Plaintiff has failed to satisfy the requirements to read into evidence the testimony of any deponent including but not limited to the depositions of witness Albert Leon Harris Enriquez. 26 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 13 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 14 of 21 1 (2) Plaintiff objects to defendant's depositions as follows: 2 Plaintiff generally objects to defense use of deposition transcripts for any purpose other than to appropriately impeach a witness at trial with the transcript of that witness’ deposition. Plaintiff further objects because the defendants have not offered the specific portions of the depositions they seek to use and have not indicated the purpose for which they seek to use them. 3 4 5 6 7 VIII. 8 THE FOLLOWING WITNESSES MAY BE CALLED BY THE PARTIES AT TRIAL: 9 10 (a) Provide names and addresses of plaintiff’s witnesses. 1. Robert Barcelon c/o Leslie Mark Stovall, Esq. Ross Moynihan, Esq. STOVALL & ASSOCIATES 2301 Palomino Lane Las Vegas, NV 89107 Ph: (702) 258-3034 2. Albert Leon Harris c/o Bauman Loewe Witt & Maxwell, PLLC Michael C. Mills, Esq. 3650 N. Rancho Dr., Ste. 114 Las Vegas, NV 89130 3. Landforce Corporation c/o Bauman Loewe Witt & Maxwell, PLLC Michael C. Mills, Esq. 3650 N. Rancho Dr., Ste. 114 Las Vegas, NV 89130 4. Officer Gouker c/o Colorado State Patrol District/ Troop 4C Office Location Glnwd Case Report Number: 8C162841 (970) 945-6198 5. Heather Cain Barcelon c/o Leslie Mark Stovall, Esq. Ross Moynihan, Esq. STOVALL & ASSOCIATES 2301 Palomino Lane Las Vegas, NV 89107 Ph: (702) 258-3034 6. Shelly Dempsey c/o Leslie Mark Stovall, Esq. Ross Moynihan, Esq. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 14 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 15 of 21 1 STOVALL & ASSOCIATES 2301 Palomino Lane Las Vegas, NV 89107 Ph: (702) 258-3034 2 3 4 7. Barbara Barcelon c/o Leslie Mark Stovall, Esq. Ross Moynihan, Esq. STOVALL & ASSOCIATES 2301 Palomino Lane Las Vegas, NV 89107 Ph: (702) 258-3034 8. Center for Disease and Surgery of the Spine John Thalgott, MD 600 South Rancho Drive, Suite 107 Las Vegas, NV 89106 (702) 878-8370 9. NRCP 30(b)(6) Representative(s)/Designee(s) and/or Custodian of Records SimonMed Imaging 3651 Lindell Rd., Suite #D-698 Las Vegas, NV 89103 (480) 551-0264 10. NRCP 30(b)(6) Representative(s)/Designee(s) and/or Custodian of Records Jackson Physical Therapy 4765 S. Durango Dr., Suite 106 Las Vegas, NV 89147 (702) 898-7633 11. Advanced Spine & Pain Center Edmund Pasimio, MD 601 S. Rancho Drive, Suite A-6 Las Vegas, NV 89106 (702) 386-0909 12. Witold Iglikowski, MD 2800 W. Horizon Ridge Pkwy, Suite 101 Henderson, NV 89052 13. Pain Institute of Nevada Walter Kidwell, MD. 7435 W. Azure Drive, Ste 190 Las Vegas, NV 89130 (702) 878-8252 14. Pain Institute of Nevada Katherine Travnicek, MD. 7435 W. Azure Drive, Ste 190 Las Vegas, NV 89130 702) 878-8252 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 15 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 16 of 21 1 15. NRCP 30(b)(6) Representative(s)/Designee(s) and/or Custodian of Records West Las Vegas Surgery Center dba Valley View Surgery Center 1330 S. Valley View Blvd. Las Vegas, NV 89102 (702) 675-4800 16. Thomas Dunn, M.D Desert Orthopedic 2800 E Desert Inn Rd #100, Las Vegas, NV 89121 (702) 766-7836 17. Peter M. Himpsel, P.E Hamernik & Associates, Lnc 1711 Perl Street Suite 201 Boulder, Co 80302 (303) 449-7942 18. Chris P. Reyes, MRC, CRC Vocational Economics Inc. 3960 Howaed Hughes Parkway Suite 517 Las Vegas, Nv 89169 (702) 664-0077 19. Terrence M. Clauretie, Ph.D 217 Palmetto Pointe Drive Henmderson, Nv 89012 (702) 811-9888 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (b) Provide names and addresses of defendant’s witnesses. Albert Leon Harris, Defendant c/o Michael C. Mills, Esq. Bauman Loewe Witt & Maxwell 3650 N. Rancho Dr., Ste. 114 Las Vegas, NV 89130 18 19 20 Landforce Corporation, Defendant c/o Michael C. Mills, Esq. Bauman Loewe Witt & Maxwell 3650 N. Rancho Dr., Ste. 114 Las Vegas, NV 89130 Tamara Rockholt, RN, BSN Exam Works 11030 White Rock Road, #110 Rancho Cordova, CA 95670 (800) 458-1261 21 22 23 24 25 26 Clive M. Segil, M.D., F.R.C.S., F.A.C.S. 17777 Ventura Blvd. # 230 Encino, CA 91316 (818) 342-5490 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 16 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 17 of 21 1 Andrew Kim, D.O. Desert Orthopaedic Center 2800 East Desert Inn Road, Suite 100 Las Vegas, Nevada 89121 (702) 562-7880 2 3 4 Aubrey A. Corwin, M.S., L.P.C., C.R.C., C.L.C.P. Vocational Diagnostics, Inc. 3030 N. Central Ave, Suite 603 Phoenix, AZ 85012 (602) 285-0625 5 6 7 Officer Gouker c/o Colorado State Patrol District/Troop 4C Office Location Glenwood Case Report No. 8C162841 8 9 10 Robert Barcelon, Plaintiff c/o Leslie Mark Stovall, Esq. Stovall & Associates 2301 Palomino Lane Las Vegas, NV 89107 Barbara Barcelon c/o Leslie Mark Stovall, Esq. Stovall & Associates 2301 Palomino Lane Las Vegas, NV 89107 11 12 13 14 15 Heather Barcelon c/o Leslie Mark Stovall, Esq. Stovall & Associates 2301 Palomino Lane Las Vegas, NV 89107 16 17 18 Shelly Dempsey c/o Leslie Mark Stovall, Esq. Stovall & Associates 2301 Palomino Lane Las Vegas, NV 89107 19 20 21 Center for Disease and Surgery of the Spine, John Thalgott, M.D. Person Most Knowledgeable 600 S. Rancho Drive, Ste. 107 Las Vegas, NV 89106 (702) 878-8370 22 23 24 25 Jackson Physical Therapy Person Most Knowledgeable 4765 S. Durango Dr., Ste. 106 Las Vegas, NV 89147 (702) 898-7633 26 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 17 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 18 of 21 1 Advanced Spine & Pain Center Edmund Pasimio, M.D. Person Most Knowledgeable 601 S. Rancho Drive, Suite A-6 Las Vegas, NV 89106 (702) 386-0909 2 3 4 SimonMed Imaging Person Most Knowledgeable 3651 Lindell Rd., St. D-698 Las Vegas, NV 89103 Phone: 480-551-0264 5 6 7 Pain Institute of Nevada Dr. Walter Kidwell Person Most Knowledgeable 7435 W. Azure Dr., Ste. 190 Las Vegas, NV 89130 702.878.8252 8 9 10 11 West Las Vegas Surgery Center dba Valley View Surgery Center aka Canyon Medical Billing Person Most Knowledgeable 1330 S. Valley View Blvd. Las Vegas, NV 89102 (702) 675-4600 12 13 14 15 Nevada Comprehensive Pain Center Dr. Alain Coppel Person Most Knowledgeable 9033 W. Sahara Ave. Las Vegas, NV 89117 702.476.9999 16 17 18 Department of Treasury Internal Revenue Service and/or Person Most Knowledgeable PO Box 9941, Mail Stop 6734 RAIVS Team Ogden, UT 84409 (202) 622-2000 19 20 21 22 Franco M. Lee, M.D. Person Most Knowledgeable 5741 S. Ft. Apache Rd., Ste. 100 Las Vegas, NV 89148 (702) 434-7246 Steven V. Kozmay, M.D. 2851 El Camino Ave., Ste. 101 Las Vegas, NV 89102 (702) 380-3210 23 24 25 26 27 Smiths Food and Drug Centers Inc. Pharmacy c/o Kroger Pharmacy Records Group 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 18 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 19 of 21 1 1014 Vine Street Cincinnati, OH 45202 (702) 631-6745 2 3 Stephen Miller, M.D. and/or The Person(s) Most Knowledgeable and/or The Custodian of Records for Healthcare Partners Nevada LLC, 653 N Town Center Drive, Suite 306 Las Vegas, NV 89144 702.852.9000 4 5 6 7 Investigator John Schneider, and/or The Person(s) Most Knowledgeable and/or The Custodian of Records for ELITE INVESTIGATIONS c/o Bauman Loewe Witt & Maxwell 3650 North Rancho Drive, Suite 114 Las Vegas, Nevada 89130 (702) 897-8473 8 9 10 11 W. Benjamin Acree The Person(s) Most Knowledgeable and/or The Custodian of Records for 101 S. Rainbow Blvd, Ste. B32 Las Vegas, NV 89145 (702) 396-7056 12 13 14 15 Othella Ann Jurani-Suarez, M.D. HealthCare Partners Nevada Custodian of Records 4730 S. Fort Apache Road, Ste. 150 Las Vegas, NV 89147 702.852.9000 16 17 18 Jeffry Hanks, D.C. 7720 Cimarron Rd. #150 Las Vegas, NV 89113 702.622.7618 19 20 21 Employers Insurance Company of Nevada (EICON) Custodian of Records 112 N. Curry Carson City, NV 89703 Phone 702.671.7000 22 23 24 Defendant reserves the right to call any witness named by Plaintiff. 25 Defendant reserves the right to call any witness as may be necessary for the 26 purpose of impeachment and/or rebuttal Defendant reserves the right to object to any of Plaintiff’s witnesses at the time of 27 28 trial. JOINT PRE-TRIAL ORDER 3546216v1 - Page 19 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 20 of 21 1 IX. 2 COUNSEL HAVE MET AND HEREWITH SUBMIT 3 A LIST OF THREE (3) AGREED-UPON TRIAL DATES: 4 June 7, 2021 – June 15, 2021 5 June 14, 2021 – June 22, 2021 6 June 21, 2021 – June 29, 2021 7 It is expressly understood by the undersigned that the court will set the trial of 8 this matter on one (1) of the agreed-upon dates if possible; if not, the trial will be set at 9 the convenience of the court's calendar. X. 10 11 12 It is estimated that the trial herein will take a total of seven (7) trial days. APPROVED AS TO FORM AND CONTENT: 13 Dated this 7th day of August 2020 Dated this 7th day of August 2020 14 STOVALL & ASSOCIATES BAUMAN LOEWE WITT & MAXWELL, 15 PLLC 16 17 /s/ Ross Moynihan /s/ Michael C. Mills 18 LESLIE MARK STOVALL, ESQ. Nevada Bar No. 3167 ROSS MOYNIHAN, ESQ. Nevada Bar No. 11848 2301 Palomino Lane Las Vegas, NV 89107 Phone: 702-258-3034 Fax: 702-258-0093 Attorneys for Plaintiff, Robert Barcelon MICHAEL C. MILLS, ESQ. Nevada Bar No. 003534 3650 N. Rancho Dr., Ste. 114 Las Vegas, NV 89130 Phone: 702-240-6060 Fax: 702-240-4267 Attorneys for Defendants, Albert Leon Harris Landforce Corporation 19 20 21 22 23 24 25 26 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 20 of 21 - Case 2:18-cv-01493-GMN-DJA Document 91 90 Filed 08/11/20 08/07/20 Page 21 of 21 1 XI. 2 ACTION BY THE COURT 3 4 This case is set down for jury trial on the fixed/stacked calendar on June 7, 2021 @ 8:30 a.m._. Calendar call shall be held on June 1, 2021 @ 9:00. a.m. . 5 6 Dated this 11 __ day of August, 2020. 7 8 9 10 Gloria M. Navarro, District Judge United States District Court 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT PRE-TRIAL ORDER 3546216v1 - Page 21 of 21 -
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