Widner v. Darger et al, No. 2:2019cv01607 - Document 63 (D. Nev. 2021)
Court Description: ORDER granting 62 Joint Pretrial Order; Proposed Findings of Fact and Conclusions of Law and Trial Briefs due by 5/14/2021. Bench Trial set for 5/19/2021 at 10:00 AM in LV Courtroom 3D before Magistrate Judge Cam Ferenbach. Signed by Magistrate Judge Cam Ferenbach on 4/22/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Widner v. Darger et al 1 2 3 4 5 6 7 8 9 10 11 12 13 Doc. 63 BRADLEY J. MYERS, ESQ. Nevada Bar No. 8857 MICHAEL C. KANE. ESQ. Nevada Bar No. 10096 JANET L. MERRILL, ESQ. Nevada Bar No. 10736 THE702FIRM INJURY ATTORNEYS 400 S. 7th Street, Suite 400 Las Vegas, Nevada 89101 Telephone: (702) 776-3333 Facsimile: (702) 505-9787 E-Mail: Janet@the702firm.com -andLEILA L. HALE, ESQ. Nevada Bar No. 7368 HALE INJURY LAW 1661 W. Horizon Ridge Pkwy #200 Las Vegas, NV 89012 Telephone: (702) 736-5800 Facsimile: (702) 534-4655 E-Mail: lhale@haleinjurylaw.com Attorneys for Plaintiff 14 IN THE UNITED STATES DISTRICT COURT 15 FOR THE DISTRICT OF NEVADA 16 IRMA WIDNER, Case No.: 2:19-cv-01607-APG-VCF 17 18 19 20 21 22 Plaintiff, vs. JOSEPH DARGER; EDGE TRANSPORTATION, LLC, a Kentucky Limited Liability Company; DOES I through X; and ROE BUSINESS ENTITIES I through X, inclusive, Defendants. 23 24 JOINT PRE-TRIAL ORDER 25 In compliance with LR 16-3 and LR 16-4 and the Order of the Court (ECF No. 52 and ECF 26 No. 59), counsel for Plaintiff IRMA WIDNER (“Plaintiff”) and Counsel for Defendants JOSEPH 27 DARGER and EDGE TRANSPORTATION (“Defendants”), hereby submit the following Joint 28 Pre-Trial Order in the above-referenced matter. THE702FIRM ATTORNEYS AT LAW 400 S. Seventh Street, Suite 400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 1 Dockets.Justia.com 1 Following pretrial proceedings in this cause, 2 IT IS ORDERED: 3 4 I. NATURE OF ACTION, RELIEF SOUGHT AND IDENTIFICATION AND CONTENTIONS OF PARTIES 5 This dispute arises from a motor vehicle accident that occurred in Las Vegas, Nevada, on 6 June 20, 2017, when Ms. Widner was operating a 2008 Toyota Highlander and Defendant 7 DARGER, within the course and scope of his employment with Defendant EDGE 8 TRANSPORTATION, was operating a Kenworth Tractor owned by Defendant EDGE 9 TRANSPORTATION. 10 Ms. Widner alleges that Defendant DARGER, while traveling directly behind her, 11 negligently, carelessly and recklessly rear-ended her vehicle with the tractor, causing Ms. Widner 12 to suffer serious injury. Defendants contend both Plaintiff and DARGER were both stopped at the 13 red light at the intersection of waiting for the light to change when DARGER inadvertently took 14 his foot off the brake pedal twice. 15 On March 9, 2021, the Court granted, Plaintiff’s Motion to Strike Defendants’ Answer. 16 See ECF No. 52. The minutes of the proceedings read, in relevant part: IT IS ORDERED that 17 ECF No. 46, Motion to Strike, and ECF No. 48 Motion for Default Judgment are GRANTED in 18 PART…. Bench Trial on damages and some aspects of causation will be set…” Id. 19 II. STATEMENT OF JURISDICTION 20 This Court has jurisdiction over this matter pursuant to pursuant to Article III, Section 2 of 21 the United States Constitution and 28 USC § 1332 based upon diversity as the amount in 22 controversy exceeds $75,000.00, as the Plaintiff is diverse from all Defendants in this matter. 23 Plaintiff’s Complaint identifies Plaintiff as a resident of Clark County Nevada, Defendant 24 DARGER is a resident of Utah, and Defendant EDGE TRANSPORTATION, is a Domestic 25 Limited Liability Company in the state of Utah, is not incorporated in Nevada and does not 26 maintain a principal place of business in Nevada. 27 28 Venue is proper in this Court under 28 U.S.C., Section 1391. /// THE702FIRM ATTORNEYS AT LAW 400 S. Seventh Street, Suite 400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 2 1 III. 2 3 4 The following facts have been established and/or admitted as a function of the Court’s Rule 37 findings and order: Defendants owed a duty to Ms. Widner and breached said duty. IV. 5 6 7 owed a duty to Ms. Widner and breached this duty. V. 10 17 VI. The damages to Ms. Widner, including without limitation, the expenses of past B. Defendants’ Issues of Fact: 1. Causation of Plaintiff’s alleged injuries; 2. Plaintiff’s complaints of injuries, or some of the injuries alleged, were pre-existing Damages. ISSUES OF LAW TO BE TRIED The following are the issues of law to be tried and determined upon trial: 22 23 A. Plaintiff’s Issues of Law: 1. Rule 37’s impact on Plaintiff’s obligation to prove legal causation under the facts and circumstances of the instant dispute. 25 26 28 2. 3. 21 27 The type, nature and scope of Ms. Widner’s injuries as a result of Defendants’ in nature, and/or an aggravation of pre-existing injuries; and 19 24 1. treatment and future pain and suffering. 16 20 Plaintiff’s Issues of Fact: medical treatment, past lost wages, past pain and suffering, the expenses of future medical 15 18 A. breach; 12 14 ISSUES OF FACT TO BE TRIED The following are the issues of fact to be tried and determined upon trial: 9 13 FACTS NOT CONTESTED The following facts will not be contested at trial by evidence to the contrary: Defendants 8 11 FACTS ADMITTED BY PARTIES B. Defendants’ Issues of Law: 1. Plaintiff’s witness Dr. Gross should be limited in his testimony to that of non-retained treating physician. /// THE702FIRM ATTORNEYS AT LAW 400 S. Seventh Street, Suite 400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 3 1 V. EXHIBITS A. Joint Exhibit List with Objections: 2 3 The undersigned parties are continuing to refine their joint exhibit list to avoid duplication 4 5 and to stipulate as feasible. A Joint Trial Exhibit List to be submitted on or before April 30, 2021. 6 B. A Joint Trial Exhibit List to be submitted on or before April 30, 2021 and will include the 7 8 Stipulated Exhibits parties’ stipulations and objections. 9 To avoid the unnecessary duplication of identified exhibits, the parties agree that exhibits 10 identified by one party, without waiving any objections as to admissibility, may be introduced by 11 another party at the time of trial. All parties reserve the right to introduce additional exhibits at the 12 time of trial for purposes of impeachment or rebuttal. The parties currently reserve any objections 13 as to foundation and admissibility, but agree to continue conferring on the attached exhibit lists 14 with the intent of identifying all exhibits that may be stipulated into evidence prior to the time of 15 trial. 16 C. Other Stipulated Exhibits None. 17 18 D. Depositions: 19 1. Plaintiff will offer the following depositions: 20 Deponent Deposition Date Page & Lines 21 Non-Appearance of Defendant Darger Non-Appearance of Defendant Darger Non-Appearance of PMK for Defendant Edge Transportation Non-Appearance of PMK for Defendant Edge Transportation 07/16/2020 na 11/02/2020 na 07/01/2020 na 11/02/2020 na 22 23 24 25 26 27 /// 28 THE702FIRM ATTORNEYS AT LAW 400 S. Seventh Street, Suite 400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 4 2. 1 Defendant will offer the following depositions: 2 Deponent Deposition Date 3 Irma Widner 07/14/2020 4 Hugh Selznick, MD Attempting to coordinate a date for the doctor’s deposition as he is not available to testify either of the available trial dates (in New York); have provided two deposition dates to Plaintiff’s counsel 5 6 7 Page & Lines 8 9 3. Plaintiff objects to Defendants’ depositions as follows: 10 a. Renews objection under Rule 37; unable to take depositions of Defendants. 11 b. Reserves right to object to pre-trial deposition of Hugh Selznick, MD. 12 4. Defendant objects to Plaintiff’s depositions as follows: a. No objection, except for Custodians of Records’ depositions. The only deposition 13 14 taken was Plaintiff’s. 15 Pursuant to FRCP Rule 32, the parties object to the admissibility of designated testimony 16 17 18 19 20 to the extent that the deponent will be a witness at the time of trial. VII. WITNESSES The following witnesses may be called by the parties upon trial: A. Plaintiff’s Witnesses: 1. Plaintiff IRMA WIDNER c/o THE702FIRM INJURY ATTORNEYS 400 South Seventh Street, Suite 400 Las Vegas, NV 89101 21 22 23 24 2. 25 26 27 28 3. MICHAEL WIDNER 7524 Flowing Stream Drive Las Vegas, NV 89131 Jeffrey D. Gross, M.D. and/or Person Most Knowledgeable and/or Custodian of Records for SPINE 1661 W. Horizon Ridge Parkway, Suite 280 Henderson, NV 89012 THE702FIRM ATTORNEYS AT LAW 400 S. Seventh Street, Suite 400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 5 4. 1 2 EDNA HURST 7208 Eagle Crest Street Las Vegas, NV 89131 3 4 5 B. Defendant’s Witnesses 1. IRMA WIDNER c/o Leila L. Hale, Esq. c/o THE702FIRM INJURY ATTORNEYS 400 South Seventh Street, Suite 400 Las Vegas, NV 89101 2. Hugh S. Selznick, M.D. – expert witness Consultants Medical Group, LLC 2500 West Sahara Ave., Suite 207 Las Vegas, NV 89102 3. David L. Ginsberg, M.D. – expert witness 851 S. Rampart Blvd. Suite 115 Las Vegas, NV 89145 6 7 8 9 10 11 12 13 14 15 16 In addition, should any party to this case withdraw the designation of a witness listed in this Joint Pretrial Report, the parties reserve the right to re-designate the withdrawn witness. VIII. TRIAL DATE 17 18 19 20 21 22 23 24 25 The parties have agreed and the Court has set trial for the dates of May 19, 2021 and May 20, 2021. /// /// /// /// /// /// /// 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. Seventh Street, Suite 400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 6 1 IX. 2 LENGTH OF TRIAL It is estimated that the trial will take a total of 2 days. 3 APPROVED AS TO FORM AND CONTENT 4 5 6 7 8 9 10 11 12 13 Dated: April 21st, 2021 Dated: April 21st, 2021 THE702FIRM INJURY ATTORNEYS By: /s/ Janet L. Merrill MICHAEL C. KANE. ESQ. Nevada Bar No. 10096 BRADLEY J. MYERS, ESQ. Nevada Bar No. 8857 JANET L. MERRILL, ESQ. Nevada Bar No. 10736 400 S. 7th Street, Suite 400 Las Vegas, NV 89101 Attorneys for Plaintiff STEPHENSON & DICKINSON By: /s/ Marsha L. Stephnson MARSHA L. STEPHENSON, ESQ. Nevada Bar No.6130 2820 W. Charleston Blvd. #17 Las Vegas, NV 89102 Attorneys for Defendants DARGER and EDGE TRANSPORTATION X. 14 15 16 17 ACTION BY THE COURT (a) This case is set for bench trial/evidentiary hearing on May 19, 2021 and May 20, 2021. (b) An original and two (2) copies of each trial brief shall be submitted to the Clerk on May 14, 2021 or before ______________________________________. 18 (c) 19 Bench trial: (1) An original and two (2) copies of all instructions requested by either party 20 N.A. shall be submitted to the Clerk for filing on or before _____________________________. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// THE702FIRM ATTORNEYS AT LAW 400 S. Seventh Street, Suite 400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 7 1 2 3 4 5 6 7 8 (d) Court trials: Proposed finding of fact and conclusions of law shall be filed on or before May 14, 2021 _________________________. The foregoing pretrial order has been approved by the parties to this action as evidenced by the signatures of their counsel herein, and the order is hereby entered and will govern the trial of this case. This order shall not be amended except by order of the Court pursuant to an agreement of the parties or to prevent manifest injustice. April 22 DATED: ___________________________, 2021. 9 10 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. Seventh Street, Suite 400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 8
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