Barrera v. Albertson's LLC, No. 2:2019cv02068 - Document 26 (D. Nev. 2021)

Court Description: ORDER granting 25 Joint Pretrial Order; Calendar Call set for 7/5/2022 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 7/11/2022 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 11/3/2021. (Copies have been distributed pursuant to the NEF - HAM)

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Barrera v. Albertson&#039;s LLC Doc. 26 Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 1 of 18 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 ROBERTO BARRERA, individually, ) CASE NO. 2:19-cv-02068-JCM-DJA ) Plaintiff, ) vs. ) ) ALBERTSONS, LLC, a foreign limited liability ) JOINT PRETRIAL ORDER company dba ALBERTON’S; DOES I-X, and ROE ) CORPORATIONS, Inc., ) ) Defendant. ) ) 18 After pretrial proceedings in this cause, 19 IT IS SO ORDERED: 20 I. NATURE OF THE ACTION 21 22 23 This is an action for: an incident that occurred on July 28, 2019 at the Albertsons LLC Grocery Store, located at 1940 Village Center Circle, Las Vegas, NV 89134 (the “Premises”). Plaintiff alleges that he 24 25 slipped and fell on a wet, slippery substance on the floor of Defendant’s property as he was shopping (“Subject 26 Accident”). As a result of the slip and fall, Plaintiff Roberto Barrera allegedly sustained injuries and damages 27 as indicated below. 28 Plaintiff’s Contentions: Plaintiff contends on or around July 28, 2019, Plaintiff was lawfully on Defendant’s property. Defendant maintains and was in control of the property. Plaintiff slipped and fell on -1- Dockets.Justia.com Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 2 of 18 1 2 a wet, slippery substance on the floor of Defendant’s property and was seriously injured. Plaintiff ultimately underwent a bilateral C3-4, C4-5, and L5-S1 epidural steroid injections in October 2019 and 3 4 5 later an L3-4, L4-5, and L5-S1 discography in December 2020, but continues to treat for his injuries. Plaintiff also contends that Defendant’s negligence was the actual proximate cause of Plaintiff’s physical 6 injuries. Finally, Plaintiff contends an incurred pecuniary loss, medical expenses, and pain and suffering as 7 a result of the accident. Plaintiff will continue to accrue pain and suffering, and future medical bills. 8 Defendant’s Contentions: Defendant contends that it did not have actual or constructive notice of the wet 9 10 substance on the floor as no one apprised Defendant of the condition and such condition did not exist when 11 Defendant had performed its timely sweeps of the store to look for and clean up such potential conditions. 12 Defendant further contends that Plaintiff’s complained of injuries and past and future damages were not all 13 caused by the Subject Accident. 14 II. 15 STATEMENT OF JURISDICTION 16 17 Defendant removed this action to the United States District Court from the District of Nevada on 18 December 3, 2019, pursuant to 28 U.S.C. § 1441(b). Defendants’ removal of this action was timely 19 pursuant to 28 U.S.C. § 1446(b)(3). 20 21 This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332(a) because 22 Plaintiff is and was at all relevant times a domiciliary of the State of Nevada, the amount in controversy 23 exceeds $75,000.00 exclusive of costs and interest, and Defendant is and was at all relevant times a 24 corporation duly incorporated in the state of Delaware and with a principal place of business in the State of 25 Delaware. 26 27 28 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). -2- Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 3 of 18 1 2 III. ADMITTED FACTS The following facts are admitted by the parties and require no proof: 3 4 1. On or about July 29, 2019, Defendant ALBERTSONS, LLC owned and operated the ALBERTSONS’S grocery store located at 1940 Village Center Circle, Las Vegas, NV 89134, located in Clark County, Nevada. 2. On or about July 29, 2019, Plaintiff Roberto Barrera was lawfully present at the ALBERTSONS Grocery store located at 1940 Village Center Circle, Las Vegas, Nevada, located in Clark County. 5 6 7 8 IV. UNCONTESTED FACTS 9 10 The following facts, though not admitted, will not be contested at trial by evidence to the contrary: 11 12 13 1. On July 29, 2019, as he was shopping, Plaintiff ROBERTO BARRERA slipped and fell in a clear liquid that was on the floor of the “GM (Hair Care)” aisle. 14 V. CONTESTED FACTS 15 16 17 18 19 The following are issues of facts to be tried and determined upon trial: 1. Whether Defendant knew or should have known, that the floor was wet; 2. Whether Defendant failed to properly warn Plaintiff of a wet floor; 20 3. Whether Defendant ALBERTSONS LLC was negligent; 21 4. Whether Plaintiff ROBERTO BARRERA sustained injuries as a result of slipping and falling on 22 the clear liquid; 23 24 5. Whether Plaintiff was injured as a result of negligence on behalf of Defendant Albertsons, LLC. 25 6. The nature and extent of injuries sustained by Plaintiff ROBERTO BARRERA; 26 7. Whether Defendant’s alleged failure to warn Plaintiff of a wet floor was a substantial factor in 27 28 legally and proximately causing Plaintiff’s complained injuries. 8. Whether Plaintiff’s medical expenses were necessarily incurred as a result of the Incident. 9. Whether such medical expenses were reasonable and customary. -3- Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 4 of 18 1 2 10. Whether Plaintiff’s future medical treatment is a direct and proximate cause of the negligence on behalf of Defendant Albertsons, LLC.; 3 4 5 6 7 8 11. Whether Plaintiff will be reasonably certain to incur medical expenses in the future as a result of the Incident. If so, whether such future medical expenses are reasonable and customary. 12. Whether Plaintiff’s past and future pain and suffering is related to his injuries as a result of negligence on behalf of Defendant Albertsons, LLC.; 13. Whether Plaintiff’s loss of enjoyment of life is as a result of negligence on behalf of Defendant 9 10 11 12 13 14 Albertsons, LLC.; 14. Whether Plaintiff’s loss of society and relationship is as a result of negligence on behalf of Defendant Albertsons, LLC.; 15. Whether Plaintiff is entitled to general damages, including pain and suffering, as a result of the Incident. 15 16 17 18 19 16. Whether Plaintiff was negligent. 17. Whether Plaintiff’s own conduct was a substantial factor in causing him to complain of injuries and damages. 18. Whether Plaintiff’s own conduct contributed more to his alleged injuries than Defendant’s 20 21 alleged negligence. 22 19. Whether Plaintiff mitigated his injuries and damages. 23 20. Whether Plaintiff had a pre-existing condition or disability on July 29, 2019. 24 VI. ISSUES OF LAW 25 26 27 28 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): 1. Whether Defendant was negligent. -4- Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 5 of 18 1 2. The amount of negligence, if any, attributable to each party in this litigation. 2 3. Whether the subject incident was the proximate cause of Plaintiff’s claimed damages, as well 3 as the extent of said damages. 4 5 VII. EXHIBITS 6 7 8 (a) The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MARKED EXHIBIT DESCRIPTION BATES Records from Tropicana West Chiropractic Records from Interventional Pain & Spine Institute Records from Pueblo Medical Imaging Records from Surgical Arts Center Records from Las Vegas Neurosurgical Institute Records from General Vascular Specialists Records from Las Vegas Radiology Records from First Physical Therapy Records from Intermountain Healthcare Billing from Tropicana West Chiropractic Billing from Interventional Pain & Spine Institute Billing from Pueblo Medical Imaging Billing from Surgical Arts Center Billing from Las Vegas Neurosurgical Institute Billing from General Vascular Specialists Billing from Las Vegas Radiology Billing from First Physical Therapy Billing from Intermountain Healthcare Billing from CVS Pharmacy Billing from Las Vegas Pharmacy Billing from Lien RX Plaintiff Roberto Barrera’s Answers to Defendant Albertsons First Set of Interrogatories Plaintiff Roberto Barrera’s Responses to Defendant Albertsons’ First Set of Requests to Produce Plaintiff Roberto Barrera’s Supplemental Answers to Defendant Albertsons First Set of Interrogatories -5- Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 6 of 18 1 Plaintiff Roberto Barrera’s Supplemental Responses to Defendant Albertsons’ First Set of Requests to Produce Defendant Albertson’s, LLC’s Responses to Plaintiff’s First Set of Requests for Admissions Defendant Albertson’s, LLC’s Responses to Plaintiff’s First Set of Interrogatories Defendant Albertson’s, LLC’s First Supplemental Responses to Plaintiff’s First Set of Interrogatories Surveillance Customer Incident Report (Redacted) Employee Witness Statement (Redacted) Incident Report (Redacted) Sweep Sheets 2 3 4 5 6 7 8 9 ALB00001 ALB00008 ALB00009 ALB00010-00011 ALB00012-00014 10 11 12 Defendants stipulate that the medical bills and records disclosed by Plaintiff in this matter are authentic and, therefore, Plaintiff will not be required to call the Custodian of Records to testify as to 13 14 15 authenticity. However, Defendants do not stipulate that the medical treatments and bills are reasonable, customary, and causally related to Plaintiff’s injuries at issue. 16 17 (b) As to the following exhibits, the party against whom the same will be offered objects to their 18 admission upon the grounds stated: 19 20 1. Plaintiff’s Exhibits and Defendant’s Objections thereto: 21 22 1. DESCRIPTION Summary of Charges for Plaintiff DEFENDANT’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] 2. Photo of Thumb 3. Photo of Puddle Authentication [FED. R. EVID. 901] Hearsay [FED. R. EVID. 802] Foundation [FED. R. EVID. 602] 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] 23 24 25 26 27 28 -6- Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 7 of 18 1 2 4. Three (3) photos of an accident scene from Plaintiff’s subsequent accident 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] 5. ALB00006-00007: Review of Surveillance Authentication [FED. R. EVID. 901] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] 6. ALB00002-00005: Photos Authentication [FED. R. EVID. 901] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] 3 4 5 6 7 8 9 10 11 12 13 Plaintiff reserves the right to offer into evidence any exhibit timely and properly disclosed during discovery for the purpose of impeachment. 14 Plaintiff reserves the right to utilize and/or seek to publish and/or admit into evidence all deposition 15 16 testimony, all affidavits filed or attached to any motion or pleading in this case, and all responses to 17 discovery from any party in this case for purposes of impeachment. 18 19 Plaintiff reserves the right to offer into evidence any exhibit timely and properly disclosed during discovery for the purposes of rebuttal. 20 Plaintiff reserves the right to offer into evidence any exhibit offered by any other parties to this 21 22 action. 23 In addition to the above objections: 24 a. Defendant reserves the right to make further objections regarding Plaintiff’s proposed exhibits, 25 26 27 28 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 -7- Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 8 of 18 1 2 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. 3 4 5 6 7 8 Plaintiff’s Use of Demonstrative Exhibits & Defendant’s Objections: Plaintiff may offer, at trial, certain Exhibits for demonstrative purposes including, but not limited to the following: 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 9 10 11 12 during discovery for the purpose of demonstration at trial. Additionally, Plaintiff reserves the right to offer 13 into evidence any exhibit offered by any other parties to this action. 14 Defendant objects to the use of any demonstrative exhibit that is not shown at least 72 hours prior to 15 16 it being shown to the jury, other than an enlargement of an admitted exhibit. While Defendant agrees to 17 take up any objections to the demonstrative exhibits outside of the presence of the jury with the Court, 18 Defendant at this time lodges objections as to any demonstrative exhibit that it has been unable to review as 19 being relevant, lacks foundation, includes unauthenticated matter, contains inadmissible hearsay, and/or 20 21 22 23 includes an improper summary. To the extent that Plaintiff utilizes any exhibit that is not stipulated to, Defendant reserves its objections lodged thereto. 2. Defendant’s Exhibits and Plaintiff’s Objections thereto: 24 25 BATES NO. ALB00020-00061 DESCRIPTION Sweep Log Report 7/21/2019 to 8/4/2019 ALB00062-00065 Time and Attendance Report 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. Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 9 of 18 1 BATES NO. DESCRIPTION ALB00377-00380 Loss Run Report [Redacted] ALB00390-00427 Interventional Pain & Spine Clinic ALB00428-00497 Las Vegas Neurological Institute ALB00498-00499 Las Vegas Pharmacy ALB00500-00501 LienRx Account statement 11-06-20 ALB00502-00518 Pueblo Medical Imaging ALB00519-00585 Surgical Arts Center ALB00586-00726 Tropicana West Chiropractor ALB00727-00745 General Vascular Specialists ALB00746-00750 Dr. Wang Medical Examination and Record Review Report 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- PLAINTIFF’S OBJECTIONS 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] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] Foundation [FED. R. EVID. 602] Hearsay [FED. R. EVID. 802] Relevance / Prejudicial [FED. R. EVID. 402-403] 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] Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 10 of 18 1 BATES NO. DESCRIPTION 2 3 4 5 Dr. Wang Updated Curriculum Vitae 2021 6 7 8 9 10 Dr. Wang Updated Fee Schedule 2021 11 12 13 14 15 Dr. Wang Updated Testimony List 2021 16 17 18 19 Mr. Opfer Updated Curriculum Vitae 2021 20 21 22 23 24 Mr. Opfer Updated Fee Schedule 2021 25 26 27 28 Mr. Opfer Updated Testimony List 2021 - 10 - PLAINTIFF’S OBJECTIONS 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] 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] 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] 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] 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] Calls for Expert Testimony [FED. R. EVID. 702] Authentication [FED. R. EVID. 901] Foundation [FED. R. EVID. 602] Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 11 of 18 1 BATES NO. DESCRIPTION 2 3 4 Mr. Opfer Initial Report 4/21/21 5 6 7 8 9 PLAINTIFF’S OBJECTIONS 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] Calls for Expert Testimony [FED. R. EVID. 702] 10 11 12 13 14 15 16 (c) Whether the parties intend to present electronic evidence for purposes of jury deliberations: Plaintiff will submit electronic evidence to the jury for utilization in the jury room during their deliberations. Defendant intends to present evidence in the form of jpegs, pdfs, etc., to jurors for the purposes of jury deliberations. Although it is not known at this time which exhibits will be 17 18 electronically presented, Defendant will provide electronic evidence in an electronic format 19 compatible with the Court’s electronic jury evidence display system. Defendant will contact the 20 courtroom administrator for instructions about how to prepare evidence in an electronic format and 21 other requirements for the Court’s electronic jury evidence display system. 22 Defendant’s Use of Demonstrative Exhibits & Plaintiff’s Objections: 23 24 Defendant intends to identify and allow for inspection any demonstrative exhibits planned to be 25 used at the time of trial seventy-two (72) hours before the commencement of trial. Defendant agrees to take 26 up any objections to the demonstrative exhibits outside of the presence of the jury with the Court. In the 27 event a Party wishes to make changes to or use a different/additional demonstrative exhibit as trial 28 progresses, Defendant agrees that the Parties should inform the opposing Party twenty-four (24) hours - 11 - Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 12 of 18 1 2 before presenting and, if the opposing Party does agree with the presentation of said demonstrative exhibit, the Court shall decide whether the demonstrative exhibit may be presented. 3 4 Other Agreements Regarding Exhibits: 5 With the exception of exhibits to be used solely for impeachment, Defendant requests that each 6 evening by 8:00 p.m., they will exchange the exhibits that they plan to use the following day so that any 7 8 9 exhibit disputes/objections can be addressed by the Court each morning before trial resumes. In addition, the parties will identify each witness that they intend to call at trial not less than 24 hours prior to calling 10 each witness to testify. The failure to abide by these deadlines does not preclude either party from moving 11 for the admission of other exhibits and/or calling a different witness when such timeline cannot be abided 12 by. 13 14 15 16 17 18 (d) Depositions: (1) Plaintiff will offer the following depositions: a. Plaintiff intends to offer live testimony of designated witnesses at trial. In the event that Plaintiff is unable to call a witness and must offer deposition testimony in lieu of live 19 20 21 22 23 testimony, Plaintiff reserves the right to supplement this Pre-Trial Order to designate deposition testimony to be used at trial. (2) Defendant will offer the following depositions: a. Roberto Barrera 24 25 26 27 28 (e) Objections to Depositions: (1) Defendant objects to Plaintiff’s depositions as follows: Without having the opportunity to be disclosed of any deposition testimony and/or excerpts thereof, Defendant reserves the right to lodge objections to said testimony upon disclosure of the same. (2) Plaintiff objects to Defendant’s depositions as follows: - 12 - Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 13 of 18 1 2 Without having the opportunity to be disclosed of any deposition testimony and/or excerpts thereof, Plaintiff reserves the right to lodge objections to said testimony upon disclosure of the same. 3 (3) Other agreements as to objections to deposition use: 4 5 The parties agree to provide page and line designations of witnesses’ depositions that will be played 6 or read in at trial no later than 30 days prior to the trial date. Objections and counter-designations will be 7 due 7 days following the initial designations. 8 VIII. WITNESSES 9 10 11 The following witnesses may be called upon by the parties at trial: (a) Plaintiff’s Witnesses: 1. ROBERTO BARRERA c/o Paul D. Powell, Esq. Jared D. Powell, Esq. The Powell Law Firm 8918 Spanish Ridge Avenue, Suite 100 Las Vegas, Nevada 89148 2. ALBERTSONS LLC c/o Jack P. Burden, Esq. Shea M. Backus, Esq. Jacquelyn Franco, Esq. Backus, Carranza & Burden 3050 South Durango Drive Las Vegas, Nevada 89117 3. Vicki Bolton Personal Contact Information Unknown c/o Albertsons Store #3333 1940 Village Center Cir. Las Vegas, Nevada 89134 4. William G. Leavitt DC David Juarez Person Most Knowledgeable and/or Custodian of Records Tropicana West Chiropractic 6819 West Tropicana Ave. Suite 100 Las Vegas, Nevada 89103 5. Stuart Baird, MD Jorg Rosler, MD 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 13 - Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 14 of 18 1 Custodian of Records Interventional Pain & Spine Institute 851 S. Rampart Blvd., Suite 100 Las Vegas, Nevada 89145 2 3 4 6. Keith M. Lewis, MD Justin Puopolo DO Matt Treinen DO Micah Nielsen MD Nader Beheshti MD Person Most Knowledgeable and/or Custodian of Records Pueblo Medical Imaging 8551 W. Lake Mead Blvd., Ste. 150 Las Vegas, Nevada 89128 7. Jorg Rosler, MD Stuart Baird, MD Person Most Knowledgeable and/or Custodian of Records Surgical Arts Center 9499 W Charleston Blvd., Ste 250 Las Vegas, Nevada 89117 8. Jason Garber, MD Person Most Knowledgeable and/or Custodian of Records Las Vegas Neurological Institute 3012 S Durango Dr Las Vegas, Nevada 89117 9. Earl Cottrell, MD Person Most Knowledgeable and/or Custodian of Records General Vascular Specialists 7200 Cathedral Rock Dr Ste 130 Las Vegas, Nevada 89128 10. Person Most Knowledgeable and/or Custodian of Records Las Vegas Pharmacy 260 W. Sahara Ave., #120 Las Vegas, Nevada 89102 11. Person Most Knowledgeable and/or Custodian of Records Lien RX 1901 East Voorhees Street 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 14 - Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 15 of 18 1 2 Danville, Illinois 61834 12. Bhuvana P. Kittusamy, MD Person Most Knowledgeable and/or Custodian of Records Las Vegas Radiology 7500 Smoke Ranch Road, Suite 100 Las Vegas, Nevada 89128 13. Julian Penaranda Nicole Hoffman, MPT Joseph Scorza, PTA Person Most Knowledgeable and/or Custodian of Records First Physical Therapy 1321 South Rainbow Boulevard, Suite 102 Las Vegas, Nevada 89146 14. Person Most Knowledgeable and/or Custodian of Records CVS Pharmacy 10400 West Charleston Boulevard Las Vegas, Nevada 89135 15. Son Bui, DO Miranda Aguirre, MA Kara Craig, MA Person Most Knowledgeable and/or Custodian of Records Intermountain Healthcare Healthcare Partners of Nevada 700 East Warm Springs Road, Suite 110 Las Vegas, Nevada 89119. 16. David Oliveri, M.D. 851 S. Rampart Boulevard, Suite 115 Las Vegas, Nevada 89145 17. Stan V. Smith, Ph.D. 1165 N. Clark Street, Suite 600 Chicago, Illinois 18. Jason E. Garber, M.D. 3012 South Durango Drive Las Vegas, Nevada 89052 19. Brian Hinckley 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 - 15 - Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 16 of 18 1 United Nissan 3025 East Sahara Avenue Las Vegas, Nevada 89104 (702) 591-3503 2 3 4 20. James Chaisson 1008 Arabian Sand Court Las Vegas, Nevada 89144 (702) 686-0159 21. Lisa Barrera 309 Emerald Vista Way Las Vegas, Nevada 89144 (702) 336-2215 22. Dylan Barrera 309 Emerald Vista Way Las Vegas, Nevada 89144 (702) 336-2217 23. Robert Jarrod United Nissan 3025 East Sahara Avenue Las Vegas, Nevada 89104 (702) 587-8426 24. Danielle Du Fresne Arnold 10026 Portula Valley Street Las Vegas, Nevada 89178 (702) 321-6421 (B) Defendant’s witnesses: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Robert Barrera c/o Paul D. Powell, Esq. Jared D. Powell, Esq. THE POWELL LAW FIRM 8918 Spanish Ridge Ave. #100 Las Vegas, NV 89148 Tel: 702.728.5500 2. Vicki Bolton Albertson’s Store #3333 1940 Village Center Circle, Las Vegas, NV 89134 - 16 - Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 17 of 18 1 2 3 4 5 6 7 8 9 10 Tel: (702) 341-0308 3. Charles Clay Albertson’s Store #3333 1940 Village Center Circle, Las Vegas, NV 89134 Tel: (702) 341-0308 4. Bryce Tomlinson 2416 Ginger Lily Lane Las Vegas, NV 89134 Tel: (702) 525-4261 5. Sean Yamaguchi Address: to be supplemented Tel: To be supplemented 11 12 13 14 15 16 6. Rick Sparrow Address: to be supplemented Tel: To be supplemented 7. Jody Wood, Corporate Witness for Albertsons LLC c/o Jack Burden, Esq. BACKUS, CARRANZA AND BURDEN 3050 S. Durango Drive Las Vegas, NV 89117 17 18 19 20 21 22 23 24 8. Jeffery C. Wang, MD Chief, Orthopaedic Spine Service Co-Director USC Spine Center Professor of Orthopaedic Surgery and Neurosurgery USC Spine Center 1450 San Pablo St., Suite 5400 Los Angeles, CA 90033 Office: (323) 442-5303 9. Neil Opfer 1920 Placid Ravine Las Vegas, NV 89117 Tel: (702) 341-5828 25 IX. TRIAL DATE 26 27 28 The attorneys or parties have met and jointly offer these three trial dates: 1. June 6, 2022 2. June 13, 2022 - 17 - Case 2:19-cv-02068-JCM-DJA Document 25 Filed 10/28/21 Page 18 of 18 1 2 3 4 3. June 20, 2022 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. X. LENGTH OF TRIAL 5 6 7 8 9 10 11 12 13 14 15 16 17 18 It is estimated that the trial herein will take a total of 7-10 full days. APPROVED TO FORM AND CONTENT DATED this 28th day of October 2021. DATED this 28th day of October 2021. The Powell Law Firm Backus, Carranza & Burden /s/ Tom W. Stewart Paul D. Powell, Esq. Nevada Bar No. 7488 Jared D. Powell, Esq. Nevada Bar No. 15086 Ryan T. O'Malley Nevada Bar No. 12461 Tom W. Stewart Nevada Bar No. 14280 8918 Spanish Ridge Las Vegas, Nevada 89148 Attorneys for Plaintiff /s/ Jack P. Burden Jack P. Burden, Esq. Nevada Bar No. 6918 Shea M. Backus, Esq. Nevada Bar No. 8361 Jacqueline Franco, Esq. Nevada Bar No. 13484 3050 South Durango Drive Las Vegas, Nevada 89117 Attorneys for Defendant 19 XI. ACTION BY THE COURT 20 21 22 23 This case is set for jury trial on the stacked calendar on July 11, 2022 at 9:00 a.m. . Calendar call will be held on July 5, 2022 at 9:00 a.m. in courtroom 6A. 24 25 DATED: November 3, 2021 , 2021. 26 27 _ UNITED STATES DISTRICT JUDGE 28 - 18 -

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