Sipan v. State Farm Mutual Insurance Company, No. 2:2019cv00604 - Document 45 (D. Nev. 2023)
Court Description: ORDER Granting 43 Joint Pretrial Order. Calendar Call set for 1/30/2024 at 01:30 PM in LV Courtroom 7C before Judge Richard F. Boulware II. Jury Trial set for 2/5/2024 at 08:30 AM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 3/30/2023. (Copies have been distributed pursuant to the NEF - LOE)
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Dockets.Justia.com 1 2 3 4 5 6 7 Paul D. Powell, Esq. (SBN 7488) Ryan T. O’Malley, Esq. (SBN 12461) Tom W. Stewart, Esq. (SBN 14280) Jared D. Powell, Esq. (SBN 15086) THE POWELL LAW FIRM 8918 Spanish Ridge Avenue, Suite 100 Las Vegas, Nevada 89148 paul@tplf.com | romalley@tplf.com tstewart@tplf.com | jared@tplf.com Phone (702) 728-5500 | Fax (702) 728-5501 Attorneys for Plaintiff 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 13 14 15 16 17 THOMAS SIPAN, individually, Case no. 2:19-cv-00604-RFB-DJA Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, individually; DOES IX, and ROE CORPORATIONS I-X, JOINT PRETRIAL ORDER Defendant. After pretrial proceedings in this cause, 18 19 IT IS SO ORDERED: I. NATURE OF THE ACTION 20 21 22 This is an action for the alleged breach of an insurance contract for uninsured motorist coverage arising 23 from a motor vehicle accident that occurred on February 23, 2015, including related claims of bad faith and 24 violations of NRS 686A.310. Sipan v. State Farm Mutual Insurance Company 25 II. STATEMENT OF JURISDICTION 26 27 28 Doc. 45 Defendant removed this action to the United States District Court from the District of Nevada on April 9, 2019, pursuant to 28 U.S.C. § 1441(b). Defendants’ removal of this action was timely pursuant to 28 U.S.C. § 1446(b)(3). -1- 1 2 3 4 5 6 7 8 This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332(a) because Plaintiff is and was at all relevant times a domiciliary of the State of Nevada, the amount in controversy exceeds $75,000.00 exclusive of costs and interest, and Defendant is and was at all relevant times a corporation duly incorporated in the State of Illinois and with a principal place of business in the State of Illinois. The parties admit that the venue is properly laid in the United States District Court for the District of Nevada pursuant to 28 U.S.C. § 1391(b)(2). 9 III. ADMITTED FACTS 10 11 12 13 The following facts are admitted by the parties and require no proof: 1. State Farm Mutual Automobile Insurance Company issued policy number 0301-146-28D to 14 Laurie Robinson, mother of Thomas Sipan, with a medical payments line of coverage limit of $1,000 and an 15 uninsured motorist liability line of coverage of $250,000 per person. 16 17 2. On or about February 23, 2015, Plaintiff Thomas Sipan was lawfully present at the crosswalk, located in Clark County. 18 IV. UNCONTESTED FACTS 19 20 21 22 The following facts, though not admitted, will not be contested at trial by evidence to the contrary: 1. On February 23, 2015, as he was riding his bicycle, Plaintiff was struck by a motor vehicle 23 while in a crosswalk in Clark County, Nevada. The identity and or vehicle that stuck Plaintiff have not been 24 identified. 25 V. CONTESTED FACTS 26 27 28 The following are issues of facts to be tried and determined upon trial: 1. Whether Defendant breached its obligations under the insurance contract by failing to pay the value of the claim; -2- 1 2 3 4 2. The value of the plaintiff’s claim; 3. Whether Defendant’s liability to Plaintiff was reasonably clear at the time of Plaintiff’s demands; 4. Whether Defendant had a reasonable basis for its evaluation of plaintiff’s claim; 6 5. Whether Defendant knew or should have known the basis for its decision on plaintiff’s claim 7 was unreasonable; 5 8 6. Whether Defendant failed to effectuate a prompt, fair, and equitable settlement of Plaintiff’s 7. Whether Defendant’s failure to effectuate a prompt, fair, and equitable settlement of Plaintiff’s 9 10 claim; 11 12 claim was done with the prior knowledge or permission of an officer, director, or department head. 13 14 15 8. done with an intent to deprive Plaintiff of his benefits under the insurance contract; 9. 16 17 10. 21 22 11. Whether such medical expenses were reasonable and customary; 12. Whether Plaintiff will be reasonably certain to incur medical expenses in the future as a result of the subject accident. If so, whether such future medical expenses are reasonable and customary; 24 25 Whether Plaintiff’s medical expenses were necessarily incurred as a result of the subject accident; 20 23 Whether Defendant acted with malice, fraud, or oppression in its handling and evaluation of Plaintiff’s claim; 18 19 Whether Defendant’s decision to breach its duty of good faith and fair dealing to Plaintiff was 13. Whether Plaintiff’s lost wages were caused by the subject accident and are attributable to Defendant’s handling of his claim; 26 27 28 14. Whether Defendant’s handling of Plaintiff’s claim caused Plaintiff to lose enjoyment of his 15. Whether Defendant’s handling of Plaintiff’s claim will cause Plaintiff to lose enjoyment of life; -3- 1 2 3 4 5 6 7 8 his life in the future; 16. Whether Defendant’s handling of Plaintiff’s claim caused Plaintiff to lose his ability to perform household services; 17. Whether Plaintiff is entitled to general damages, including pain and suffering, as a result of the subject accident and Defendant’s handling of his claim; 18. Whether a genuine dispute existed as to the value of the plaintiff’s claim so as to preclude a finding of bad faith; 9 10 11 12 19. Whether plaintiff suffered any damages as a result of defendant’s decision on his claim; 20. Whether plaintiff suffered any damages as a result of defendant’s alleged violation of NRS 686A.310(1)(e) 13 VI. ISSUES OF LAW 14 15 16 The following are the issues of law to be tried and determined upon trial (each issues of law must be stated separately and in specific terms): None. 17 VII. EXHIBITS 18 19 20 21 22 23 24 25 26 27 28 (a) The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: None. (b) As to the following exhibits, the party against whom the same will be offered objects to their admission upon the grounds stated: 1. Plaintiff’s Exhibits and Defendant’s Objections thereto: BATES NO. SRDH00010063 CHBS00010018 DSVP00010038 SDMI0001- DESCRIPTION Records from St. Rose Dominican Hospital – San Martin Records from Children’s Bone & Spine Surgery Records from Desert Valley Pediatrics OBJECTIONS Foundation; Hearsay Records from Steinberg Diagnostic Foundation; Hearsay -4- Foundation; Hearsay Foundation; Hearsay 1 2 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 28 0024 NOSC00010024 ATPT00010089 MSPT00010020 GLAT00010057 HPVA00010028 REPL00010014 BABS00010005 SPNC00010042 SSMC00010089 STMC00010037 IPSI00010015 LVNI00010025 INPC00010022 PSCE00010009 SIMI00010008 PRME00010044 PRMG00010022 CRMC00010146 MVOS00010050 AZSM00010004 PSPR00010033 SRDH00640093 FRES0001 Medical Imaging Records from Nevada Orthopedic & Spine Center Records from ATI Physical Therapy Foundation; Hearsay Foundation; Hearsay Records from Matt Smith Physical Therapy Records from Gary LaTourette, MD Foundation; Hearsay Records from Dr. Housecalls of Paradise Valley Records from Rehab Plus Foundation; Hearsay Records from Barrow Brain and Spine Foundation; Hearsay Records from Sonoran Spine Center Foundation; Hearsay Records from Honor Health – SSMC Shea Medical Center Records from Honor Health – STPMC Thompson Peak Medical Center Records from Interventional Pain and Spine Institute Records from Las Vegas Neurosurgical Institute Records from Integrated Pain Consultants Records from Physicians Surgical Center Records from Simon Med Imaging Foundation; Hearsay Records from Prime Med Foundation; Hearsay Records from ProCare Medical Group Foundation; Hearsay Records from Chandler Regional Medical Center Records from Mountain Vista Orthopedic Specialists Records from AZ Sports Medicine Foundation; Hearsay Records from Pro Sports Performance & Rehabilitation Billing from St. Rose Dominican Hospital Billing from Fremont Emergency Services Foundation; Hearsay Foundation; Hearsay; Relevance Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay; Relevance Foundation; Hearsay; Relevance Foundation; Hearsay; Relevance Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay -5- Foundation; Hearsay Foundation; Hearsay 1 2 3 4 5 6 7 8 9 RANV00010002 CHBS00190022 DSVP00390043 SDMI00250027 NOSC00250026 ATPT00900096 MSPT0020 18 GLAT00580064 HPVA00290035 REPL00150016 SSMC00900095 BABS0006 SPNC00430048 SSMC00380043 SDES0001 19 IPSI0016 10 11 12 13 14 15 16 17 20 LVNI0026 21 22 23 24 25 26 27 28 WALP0001 INPC00230029 PSCE0010 SMAS00010002 SIMI00090010 PRME00450046 PRMG00230026 Billing from Radiology Associates of Nevada Billing from Children’s Bone & Spine Surgery Billing from Desert Valley Pediatrics Foundation; Hearsay Billing from Steinberg Diagnostic Medical Imaging Billing from Nevada Orthopedic & Spine Center Billing from ATI Physical Therapy Foundation; Hearsay Billing from Matt Smith Physical Therapy Billing from Gary LaTourette, MD Foundation; Hearsay Billing from Dr. Housecalls of Paradise Valley Billing from Rehab Plus Foundation; Hearsay Billing from Honor Health – SSMC Shea Medical Center Billing from Barrow Brain & Spine Billing from Sonoran Spine Center Foundation; Hearsay Billing from Honor Health – STPMC Thompson Peak Medical Center Billing from Scottsdale Emergency Associates Billing from Interventional Pain and Spine Institute Billing from Las Vegas Neurosurgical Institute Foundation; Hearsay Billing from Walgreens Pharmacy Billing from Integrated Pain Consultants Billing from Physicians Surgical Center Billing from Scottsdale Mobile C-Arm Services Billing from Simon Med Imaging Foundation; Hearsay Foundation; Hearsay Billing from Prime Med Foundation; Hearsay Billing from Procare Medical Group Foundation; Hearsay Billing from Defining Elegancy Foundation; Hearsay; Relevance -6- Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay; Relevance Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay; Relevance Foundation; Hearsay; Relevance Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay 1 2 3 4 5 6 7 8 9 10 DEDM0001 Delivery Excellence Exquisite Massage & Wellness CRMC0147- Billing from Chandler Regional 0152 Medical Center MVOS0051- Billing from Mountain Vista 0058 Orthopedic Specialists AZSM0005 Billing from AZ Sports Medicine PSPR0005- Billing from Pro Sports Performance & 0023 Rehabilitation Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay Foundation; Hearsay Plaintiff reserves the right to offer into evidence any exhibit timely and properly disclosed during discovery for the purpose of impeachment. Plaintiff reserves the right to utilize and/or seek to publish and/or admit into evidence all deposition 11 testimony, all affidavits filed or attached to any motion or pleading in this case, and all responses to discovery 12 from any party in this case for purposes of impeachment. 13 Plaintiff reserves the right to offer into evidence any exhibit timely and properly disclosed during 14 15 discovery for the purposes of rebuttal. 16 Plaintiff reserves the right to offer into evidence any exhibit offered by any other parties to this action. 17 In addition to the above objections: 18 a. 19 20 21 22 23 24 25 26 Defendant reserves the right to make further objections regarding Plaintiff’s proposed exhibits, including objections under FED. R. CIV. P. 402 and FED. R. CIV. P. 403. b. Defendant further objects to the extent that any exhibits involve matters in violation of any orders of the Court. c. Defendant reserves the right to supplement or amend its objections as exhibits are introduced and to the extent that additional documents/exhibits, if any, are identified. d. Defendant objects to all disclosures which are not properly authenticated at the time of trial. 27 Plaintiff’s Use of Demonstrative Exhibits & Defendant’s Objections: 28 Plaintiff may offer, at trial, certain Exhibits for demonstrative purposes including, but not limited to the following: -7- 1 2 3 4 5 1. Demonstrative and charts relating to Plaintiff’s damage claims; 2. Story board and computer digitized power point images; 3. Blow-ups/transparencies/digitized images of various records; and 4. Plaintiff reserves the right to offer into evidence any exhibit timely and properly disclosed 6 during discovery for the purpose of demonstration at trial. Additionally, Plaintiff reserves the right to offer 7 into evidence any exhibit offered by any other parties to this action. 8 Defendant will offer objections in a timely fashion to demonstratives as applicable at the time of 9 10 11 12 presentation as there are none expressly cited or produced as of the date of this proposed order. 2. Defendant’s Exhibits and Plaintiff’s Objections thereto: BATES NO. DESCRIPTION CF-000001 – CF002025 Redacted Claims File SFSMR00000148 Medical Records from Desert Valley Pediatrics for Thomas Sipan SFSMR000049110 Medical records from Gary J. La Tourette, M.D. for Thomas Sipan 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- PLAINTIFF’S OBJECTIONS Authentication [FED. R. EVID. 901] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Calls for Expert Testimony [FED. R. EVID. 702] Authentication [FED. R. EVID. 901] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Authentication [FED. R. EVID. 901] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] 1 2 3 BATES NO. SFSMR000110118 4 5 6 7 SFSMR000119155 8 9 10 SFSMR000156193 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SFSMR000194216 DESCRIPTION PLAINTIFF’S OBJECTIONS Medical records from Nevada Orthopedic & Spine Foundation [FED. R. EVID. Center for Thomas Sipan 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Medical records from Doctor Housecalls of Paradise Foundation [FED. R. EVID. Valley for Thomas Sipan 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Medical records from Sonoran Spine Center for Foundation [FED. R. EVID. Thomas Sipan 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Medical records from Interventional Pain and Spine Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Transcript of the deposition of Jeffrey Stempel, Foundation [FED. R. EVID. taken October 12, 2018, in the matter Ethan Alan 602] Adair v. State Farm Mutual Automobile Insurance Hearsay [FED. R. EVID. Company, case number 2:17-cv-00421-RFB-DJA, 802] filed in the United States District Court, District of Relevance / Prejudicial Nevada. [FED. R. EVID. 402-403] Youtube video titled “Lil Honda - Dreamboat Foundation [FED. R. EVID. featuring 602] Christian Nebula - official music video”, available at Hearsay [FED. R. EVID. the following URL: 802] https://www.youtube.com/watch?v=SJ78rn9qH5c Relevance / Prejudicial [FED. R. EVID. 402-403] Youtube video titled “Lil Honda & Lil Raceway Foundation [FED. R. EVID. Live in Las Vegas (Recap) shot by @ReelBump, 602] available at the following URL: Hearsay [FED. R. EVID. https://www.youtube.com/watch?v=sMTxIqIiEJY 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Youtube video titled “Lil Honda - Smile Official Foundation [FED. R. EVID. Music Video” available at the following URL: 602] https://www.youtube.com/watch?v=AozUBwYxPCk Hearsay [FED. R. EVID. 802] -9- 1 2 3 4 BATES NO. DESCRIPTION PLAINTIFF’S OBJECTIONS Relevance / Prejudicial [FED. R. EVID. 402-403] (c) Whether the parties intend to present electronic evidence for purposes of jury deliberations: The parties will submit electronic evidence to the jury for utilization in the jury room during 5 6 their deliberations. 7 Defendant’s Use of Demonstrative Exhibits & Plaintiff’s Objections: 8 Defendant intends to offer demonstratives that may include diagrams, charts, lists, and other 9 10 presentation aids in presenting its case to the jury. 11 12 Other Agreements Regarding Exhibits: 13 With the exception of exhibits to be used solely for impeachment, the parties request that each evening 14 15 by 8:00 p.m., they will exchange the exhibits that they plan to use the following day so that any exhibit 16 disputes/objections can be addressed by the Court each morning before trial resumes. In addition, the parties 17 18 19 20 will identify each witness that they intend to call at trial not less than 24 hours prior to calling each witness to testify. The failure to abide by these deadlines does not preclude either party from moving for the admission of other exhibits and/or calling a different witness when such timeline cannot be abided by. Depositions: 21 22 23 None to be offered save for impeachment purposes or in the event of the unavailability of the witness. (d) Objections to Depositions: 24 25 26 27 28 None VIII. WITNESSES The following witnesses may be called upon by the parties at trial: - 10 - 1 2 (a) Plaintiff’s Witnesses: 1. THOMAS SIPAN c/o Paul D. Powell, Esq. The Powell Law Firm 8918 Spanish Ridge Avenue, Suite 100 Las Vegas, Nevada 89148 2. The Person Most Knowledgeable STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY c/o Benjamin Carman, Esq. Carman Cooney Forbush, PLLC 4045 Spencer Street, Suite A47 Las Vegas, Nevada 89119 3. Peter Sowell Claim Specialist c/o State Farm Mutual Automobile Insurance Company P.O. Box 106171 Atlanta, Georgia 30348-6171 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 4. Clayton Ande Former Claim Specialist, State Farm Mutual Automobile Insurance Company 5. Jenny Lin Claim Specialist c/o State Farm Mutual Automobile Insurance Company P.O. Box 106171 Atlanta, Georgia 30348 18 19 20 21 22 23 24 25 26 27 28 6. Roderick Ballelos, MD Person Most Knowledgeable and/or Custodian of Records St. Rose Dominican Hospital – San Martin Campus 8280 W. Warm Springs Road Las Vegas, Nevada 89113 7. Roderick Ballelos, MD Person Most Knowledgeable and/or Custodian of Records Fremont Emergency Services P.O. Box 638972 Cincinnati, Ohio 8. Dana Murakami, MD Person Most Knowledgeable and/or Custodian of Records Radiology Associates of Nevada 5945 S. Rainbow Boulevard Las Vegas, Nevada 89118 - 11 - 1 2 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 28 9. Jason Nielson, MD Person Most Knowledgeable and/or Custodian of Records Children’s Bone & Spine Surgery 9050 W. Cheyenne Avenue, Suite 110 Las Vegas, Nevada 89129 10. Jacqueline Perez-Tselikis, MD Person Most Knowledgeable and/or Custodian of Records Desert Valley Pediatrics 10105 Banburry Cross Drive, Suite 370 Las Vegas, Nevada 89144 11. Daniel Zurcher, MD Stephen Chen, MD Ho Nguyen, MD Ricardo Linares, MD Person Most Knowledgeable and/or Custodian of Records Steinberg Diagnostic Medical Imaging 6925 N. Durango Drive Las Vegas, Nevada 89149 12. Michael Thomas, MD Person Most Knowledgeable and/or Custodian of Records Nevada Orthopedic & Spine Center 7455 W. Washington Avenue, Suite 160 Las Vegas, Nevada 89128 13. Michael McKay, PT Person Most Knowledgeable and/or Custodian of Records ATI Physical Therapy 3155 W. Craig Road, Suite 120 & 130 North Las Vegas, Nevada 89032 14. Jared Morasco, PT Eleni Metros, PT Person Most Knowledgeable and/or Custodian of Records Matt Smith Physical Therapy 8551 W. Lake Mead Boulevard, Suite 170 Las Vegas, Nevada 89128 15. Gary LaTourette, M.D. - 12 - 1 Person Most Knowledgeable and/or Custodian of Records 2100 Pinto Lane Las Vegas, Nevada 89106 2 3 4 16. Steven Lipsky, M.D. Person Most Knowledgeable and/or Custodian of Records Dr. Housecalls of Paradise Valley 6721 N. 62nd Street Paradise Valley, Arizona 85253 17. Seth Robinson, PTA Steven Thomas, PT Person Most Knowledgeable and/or Custodian of Records Rehab Plus 4201 E. Thomas Road Phoenix, Arizona 16. Person Most Knowledgeable and/or Custodian of Records Southwest Diagnostic Imaging 2323 W. Rose Garden Lane Phoenix, Arizona 85027 17. Tyler Gasser, MD Person Most Knowledgeable and/or Custodian of Records Scottsdale Medical Imaging Mountain View Hospital 9220 W. Mountain View, Suite 100 Scottsdale, Arizona 85258 18. Frederick Marciano, MD Person Most Knowledgeable and/or Custodian of Records Barrow Brain and Spine 2910 N. 3rd Avenue Phoenix, Arizona 85013 19. Lyle Christopher Young, MD Person Most Knowledgeable and/or Custodian of Records Sonoran Spine Center 1255 W. Rio Salado Parkway, Suite 107 Tempe, Arizona 85281 20. Kurt Solem, MD 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - 1 Megan Hoover, PA-C Person Most Knowledgeable and/or Custodian of Records Honor Health SSMC Shea Medical Center 9003 E. Shea Boulevard Scottsdale, Arizona 85255 2 3 4 5 6 21. Lyle Christopher Young, MD Amarjyot Gill, MD Person Most Knowledgeable and/or Custodian of Records Honor Health STPMC Thompson Peak Medical Center 7400 E. Thompson Peak Parkway Scottsdale, Arizona 85255 22. Kurt Solem, MD Person Most Knowledgeable and/or Custodian of Records Scottsdale Emergency Associates P.O. Box 98601 Las Vegas, Nevada 89193 23. Jorg Rosler, Md Andrew Hall, MD Person Most Knowledgeable and/or Custodian of Records Interventional Pain and Spine Institute 851 S. Rampart Boulevard, Suite 100 Las Vegas, Nevada 89145 24. Jason Garber, MD Person Most Knowledgeable and/or Custodian of Records Las Vegas Neurosurgical Institute 3012 S. Durango Drive Las Vegas, Nevada 89117 25. Person Most Knowledgeable and/or Custodian of Records Walgreens Pharmacy 1901 E. Vorhees Street Danville, Illinois 61834 26. Nikesh Seth, MD Emily Tyler, ACNP Person Most Knowledgeable and/or 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 14 - 1 Custodian of Records Integrated Pain Consultants 7417 N. Via Del Norte, Suite 161 Scottsdale, Arizona 85258 2 3 4 27. Nikesh Seth, MD Person Most Knowledgeable and/or Custodian of Records Physicians Surgical Center 7102 E. Acoma Drive Scottsdale, Arizona 85016 28. Person Most Knowledgeable and/or Custodian of Records Scottsdale Mobile C-Arm Services 1934 E. Camelback Road, Suite 120-301 Phoenix, Arizona 85016 29. B. Todd Curtis, MD James Murphy, MD Travis Scharnweber, MD Tadesse Eshetu, MD Person Most Knowledgeable and/or Custodian of Records Simon Med Imaging – Fashion Square 6740 E. Camelback Road, Suite 100 Scottsdale, Arizona 85251 31. Franco M. Lee, MD Person Most Knowledgeable and/or Custodian of Records Prime Med 5741 S. Fort Apache Road, Suite 120 Las Vegas, Nevada 89148 32. Sang D. Tran, MD Joel Lin, DO Person Most Knowledgeable and/or Custodian of Records Procare Medical Group 6870 S. Rainbow Boulevard, Suite 106-107 Las Vegas, Nevada 89118 33. Beverly Last Name Unknown Jennifer Wime Person Most Knowledgeable and/or Custodian of Records Defining Elegance Delivery Excellence Exquisite Massage & Wellness 555 W. Beech Street, Suite 500 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 15 - 1 2 San Diego, California 92101 34. Person Most Knowledgeable and/or Custodian of Records Chandler Regional Medical Center 1955 West Frye Road Chandler, Arizona 85224 35. Gary LaTourette, M.D. Harvey Smith, PA-C Person Most Knowledgeable and/or Custodian of Records Mountain Vista Orthopedic Specialists 6301 S. Mountain Vista, Suite 204 Henderson, Nevada 89014 36. Erik Dean, D.O. Person Most Knowledgeable and/or Custodian of Records AZ Sports Medicine 8630 East Via De Ventura Boulevard, Suite 105 Scottsdale, Arizona 85258 37. Troy Meiners, PT, ATC, SCS, CSCS Person Most Knowledgeable and/or Custodian of Records Pro Sports Performance and Rehab 8630 E. Via de Ventura, Suite 101 Scottsdale, Arizona 85258 38. Jeffrey W. Stempel Doris S. & Theodore B. Lee Professor of Law William S. Boyd School of Law University of Nevada, Las Vegas 4505 South Maryland Parkway – Box 451003 Las Vegas, Nevada 89154 39. Jason E. Garber, M.D., FAANS, FACS Las Vegas Neurosurgical Institute 3012 South Durango Drive Las Vegas, Nevada 89117 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 28 40. Any claims adjuster that worked on the claims file c/o State Farm Mutual Automobile Insurance Company P.O. Box 106171 Atlanta, Georgia 30348-6171 - 16 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Thomas Sipan c/o Paul D. Powell, Esq. THE POWELL LAW FIRM 8918 Spanish Ridge Ave. #100 Las Vegas, NV 89148 Tel: 702.728.5500 4. Darilyn D. David c/o Claims Resource Management, Inc. 33345 Santiago Rd. Acton, CA 93510 5. Dr. William Salyer c/o OrthoArizona 3033 N. 44th Street, Suite 100 Phoenix, AZ 85018 17 20 1. 3. Michael Hyland c/o Carman Cooney Forbush PLLC 4045 Spencer Street Suite A47 Las Vegas, NV 89119 16 19 Defendant’s witnesses: 2. Clayton Ande 4336 Cashmere Drive NE Lacy, WA 98516 15 18 (B) 6. Dr. Lyle Young 2557 S. Valvista Drive, Suite 103 Gilbert, AZ 85295 7. Jennifer Lin c/o Carmon Cooney Forbush PLLC 4045 Spencer Street Suite A47 Las Vegas, Nevada 89119 21 22 23 24 25 26 IX. TRIAL DATE 27 28 The attorneys or parties have met and jointly offer these three trial dates: 1. October 17, 2022 - 17 - 1 2 3 4 5 2. November 14, 2022 3. January 9, 2023 It is expressly understood by the undersigned that the court will set the trial of this matter on one of the agreed upon dates, if possible. If not, the trial will be set at the convenience of the Court’s calendar. 6 7 X. LENGTH OF TRIAL 8 9 10 11 12 13 14 15 16 17 18 19 20 It is estimated that the trial herein will take a total of 7-10 full days. Dated March 23, 2022. Dated March 23, 2022. The Powell Law Firm Carman Cooney Forbush PLLC /s/ Tom W. Stewart Tom W. Stewart (14280) Attorney for Plaintiff /s/ Benjamin J. Carman Benjamin J. Carman (12565) Attorney for the Defendant XI. ACTION BY THE COURT This case is set for jury trial on the fixed / stacked calendar on _____________________________. February 5, 2024 at 8:30 am in LV 7C. 30, 2024 at 1:30 pm in LV 7C Calendar call will be held on January _____________________________________. IT IS SO ORDERED. 21 22 23 24 _ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 25 26 March 30, 2023 DATED: ___________________________ 27 28 - 18 -
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