Quimby v. Stevens et. al., No. 2:2019cv02181 - Document 56 (D. Nev. 2022)

Court Description: ORDER Granting 55 Joint Pretrial Order. Calendar Call set for 5/3/2023 at 01:30 PM in LV Courtroom 6A before Judge James C. Mahan. Jury Trial set for 5/8/2023 at 09:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 5/23/2022. (Copies have been distributed pursuant to the NEF - JQC)

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Quimby v. Stevens et. al. Doc. 56 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 1 of 43 1 2 3 4 5 6 7 8 MICHAEL C. KANE. ESQ. Nevada Bar No.: 10096 BRADLEY J. MYERS, ESQ. Nevada Bar No.: 8857 ZACHARY W. LIVINGSTON, ESQ. Nevada Bar No.: 15954 THE702FIRM INJURY ATTORNEYS 400 S. 7th Street, 4th Floor Las Vegas, Nevada 89101 Telephone: (702) 776-3333 Facsimile: (702) 505-9787 Email: service@the702firm.com Attorneys for Plaintiff UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 RUTH QUIMBY, Case No.: 2:19-cv-02181-JCM-NJK Plaintiff, 12 JOINT PRE-TRIAL ORDER 13 vs. 14 MICHAEL STEVENS, individually; PINNACLE HEAVY HAUL INC., an Indiana Corporation; DOES I through X, inclusive; and ROE CORPORATIONS I through X, inclusive, 15 16 17 Defendants. 18 19 After pretrial proceedings in this case, 20 IT IS ORDERED: 21 22 23 I. INTRODUCTION 1. This is a motor vehicle incident case that occurred on or about November 16, 2017. Plaintiff alleges Defendant MICHAEL STEVENS was driving a vehicle owned by Defendant 24 25 26 PINNACLE HEAVY HAUL. Based upon information and belief, at the time of the car crash, Defendant was acting within the course and scope of his employment. Plaintiff and Defendant 27 were traveling east on SR 17, at the Northbound/Sunset Road off Ramp. Plaintiff was allegedly in 28 the Number one (1) left turn lane. Defendant was allegedly in the Number two (2) left turn lane. THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 1 Dockets.Justia.com Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 2 of 43 1 As Defendant attempted to pass Plaintiff, Defendant allegedly failed to maintain his travel lane and 2 struck the left side of Plaintiff’s vehicle. Defendant has offered additional affirmative defenses as 3 4 part of its pleadings in this action, and Defendant reserves the right to rely on the pleadings on file in this action to articulate its contentions in this case. 5 6 7 II. STATEMENT OF JURISDICTION: This action was originated by the filing of a Complaint in the District Court, Clark County, 8 Nevada on September 11, 2019. Defendants Answered the Complaint on October 30, 2019 and 9 removed the case from State Court to Federal Court on December 18, 2019, citing diversity 10 between the parties and that this Court has jurisdiction of the matter under 28 U.S.C. § 1332 and 11 28 U.S.C § 1446(d). 12 1. The following facts are admitted by the parties and require no proof: None at this time. 13 14 15 16 2. The following facts are admitted by the parties and require no proof: None at this time. 3. The following are issues of fact to be tried and determined at trial: PLAINTIFF: 17 1. Whether Defendant breached a duty of care owed to Plaintiff. 18 2. The nature, extent and value of Plaintiff’s accident-related damages. 19 DEFENDANT: 20 1. Whether Defendant was negligent at the time of the incident which forms the basis 21 of this litigation. 22 23 2. vehicle at the time of the incident which forms the basis of this litigation. 24 25 3. 26 27 Whether Defendant Michael Stevens was negligent in the operation of his motor Whether such negligence, if any, was a proximate cause of Plaintiff RUTH QUIMBY alleged injuries. 4. Whether Plaintiff RUTH QUIMBY was comparatively negligent at the time of 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 the incident which forms the basis of this litigation. 2 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 3 of 43 1 5. 2 was a proximate cause of Plaintiff RUTH QUIMBY’S alleged injuries and 3 4 Whether the comparative negligence of Plaintiff RUTH QUIMBY, if any, damages. 6. Whether the comparative negligence of Plaintiff RUTH QUIMBY, if any, is 5 greater than the negligence of the Defendant, if any. 6 7 7. hazard existed at the time of the alleged incident, if any. 8 9 Whether Plaintiff RUTH QUIMBY expressly assumed whatever risk or 8. 10 Whether Plaintiff RUTH QUIMBY, by assuming the risk or hazard that existed at the time of the alleged incident, if any, was therefore responsible for the 11 alleged injuries suffered, if any. 12 9. Whether Plaintiff RUTH QUIMBY was involved in a prior accident or other form 13 of traumatic event. 14 15 10. Whether any prior accident or other form of traumatic event involving Plaintiff 16 RUTH QUIMBY, if any, caused the injuries of which he complains in this 17 litigation. 18 19 11. Whether the occurrence which is the subject matter of this action was avoidable. 12. Whether the occurrence which is the subject matter of this action was unavoidable 13. Whether the occurrence which is the subject matter of this action was caused in 20 21 whole or in part by the actions of a third party, outside of the control of any party 22 to this litigation. 23 24 25 26 14. Whether the occurrence which is the subject matter of this action was caused in whole or in part by the negligence of a third party, outside of the control of any party to this litigation. 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 3 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 4 of 43 1 15. 2 commensurate with the comparative negligence, in any, of Plaintiff RUTH 3 4 The percentage of reduction for the amount of damages that is QUIMBY. 16. Whether Plaintiff RUTH QUIMBY suffered injuries to her head, neck, back, 5 spine or upper and/or lower extremities or any parts of her body in which she 6 claims injury resulting from the incident which forms the basis of this litigation. 7 8 17. 9 medical expenses stemming from injuries resulting from the incident which forms 10 11 Whether Plaintiff RUTH QUIMBY suffered monetary damages in the form of past the basis of this litigation. 18. The amount of monetary damages in the form of past medical expenses, if 12 any, Plaintiff RUTH QUIMBY suffered from injuries as a proximate result 13 of this accident. 14 15 19. Whether Plaintiff RUTH QUIMBY will continue to suffer monetary damages in 16 the future in the form of medical expenses stemming from injuries resulting from 17 the incident which forms the basis of this litigation. 18 20. 19 The amount of monetary damages in the form of future medical expenses, if any, Plaintiff RUTH QUIMBY will suffer from injuries as a proximate result 20 of this accident. 21 22 21. Whether Plaintiff RUTH QUIMBY suffered monetary damages in the form of 23 past lost wages stemming from injuries resulting from the incident which forms 24 the basis of this litigation. 25 26 22. The amount of monetary damages in the form of past lost wages, if any, Plaintiff RUTH QUIMBY suffered from injuries as a proximate result of this accident. 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 4 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 5 of 43 1 23. 2 future lost wages stemming from injuries resulting from the incident which forms 3 4 Whether Plaintiff RUTH QUIMBY will suffer monetary damages in the form of the basis of this litigation. 24. The amount of monetary damages in the form of future lost wages, if any, 5 Plaintiff RUTH QUIMBY will suffer from injuries as a proximate result of this 6 accident. 7 8 25. 9 past loss of enjoyment of life, if any, Plaintiff RUTH QUIMBY suffered from 10 11 Whether Plaintiff RUTH QUIMBY suffered monetary damages in the form of injuries as a proximate result of this accident. 26. The amount of monetary damages in the form of past loss of enjoyment of life, 12 if any, Plaintiff RUTH QUIMBY suffered as a result of injuries as a proximate 13 result of this accident. 14 15 27. Whether Plaintiff RUTH QUIMBY will suffer monetary damages in the form 16 of future loss of enjoyment of life, if any, Plaintiff RUTH QUIMBY suffered 17 from injuries to his body as a proximate result of this accident. 18 28. 19 The amount of monetary damages in the form of future loss of enjoyment of life, if any, Plaintiff RUTH QUIMBY will suffer as a result of injuries as a 20 proximate result of this accident. 21 22 29. the incident which forms the basis of this litigation. 23 24 25 26 Whether Plaintiff RUTH QUIMBY suffered injuries to her spine resulting from 30. Whether Plaintiff RUTH QUIMBY suffered monetary damages in the form of past medical expenses stemming from injuries resulting from the incident which forms the basis of this litigation. 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 5 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 6 of 43 1 31. 2 any, Plaintiff RUTH QUIMBY suffered from injuries as a proximate result of 3 4 The amount of monetary damages in the form of past medical expenses, if this accident. 32. Whether Plaintiff RUTH QUIMBY will continue to suffer monetary damages in 5 the future in the form of medical expenses stemming from injuries resulting from 6 the incident which forms the basis of this litigation. 7 8 33. 9 Plaintiff RUTH QUIMBY will suffer from injuries to his spine as a proximate 10 11 The amount of monetary damages in the form of future medical expenses, if any, result of this accident. 34. Whether Plaintiff RUTH QUIMBY suffered monetary damages in the form of 12 past lost wages stemming from injuries to his spine resulting from the incident 13 which forms the basis of this litigation. 14 15 35. The amount of monetary damages in the form of past lost wages, if any, Plaintiff 16 RUTH QUIMBY suffered from injuries to his spine as a proximate result of this 17 accident. 18 36. 19 Whether Plaintiff RUTH QUIMBY will suffer monetary damages in the form of future lost wages stemming from injuries to his spine resulting from the incident 20 which forms the basis of this litigation. 21 22 37. The amount of monetary damages in the form of future lost wages, if any, 23 Plaintiff RUTH QUIMBY will suffer from injuries as a proximate result of this 24 accident. 25 26 27 38. Whether Plaintiff RUTH QUIMBY suffered monetary damages in the form of past loss of enjoyment of life, if any, Plaintiff RUTH QUIMBY suffered from injuries as a proximate result of this accident. 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 6 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 7 of 43 1 39. 2 any, Plaintiff RUTH QUIMBY suffered as a result of injuries as a proximate 3 4 The amount of monetary damages in the form of past loss of enjoyment of life, if result of this accident. 40. Whether Plaintiff RUTH QUIMBY will suffer monetary damages in the form 5 of future loss of enjoyment of life, if any, Plaintiff suffered from injuries to his 6 spine as a proximate result of this accident. 7 8 41. 9 life, if any, Plaintiff RUTH QUIMBY will suffer as a result of injuries as a 10 11 The amount of monetary damages in the form of future loss of enjoyment of proximate result of this accident. 42. Whether Plaintiff RUTH QUIMBY failed to mitigate her damages. 43. Whether Plaintiff RUTH QUIMBY suffered from any pre-existing injuries 12 13 and problems at the time of the incident which forms the basis of this 14 litigation. 15 16 44. 17 18 Whether Plaintiff RUTH QUIMBY’s medical costs for treatment derived from unreasonable or unnecessary treatment 45. 19 Whether Plaintiff RUTH QUIMBY’s medical costs for treatment were usual and customary in the Las Vegas community. 20 46. Whether Plaintiff RUTH QUIMBY’s medical costs for treatment were 21 presented solely to improperly attempt to increase the value of this case. 22 23 47. superseding intervening cause. 24 25 26 27 Whether Plaintiff RUTH QUIMBY’s alleged injuries were the result of a 48. Whether Plaintiff RUTH QUIMBY suffered from any pre-existing injuries and problems at the time of the incident which forms the basis of this litigation. 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 7 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 8 of 43 49. 1 2 Whether Plaintiff RUTH QUIMBY’s medical costs for treatment derived from unreasonable or unnecessary treatment 3 50. 4 Whether Plaintiff RUTH QUIMBY’s medical costs for treatment were usual and customary in the Las Vegas community. 5 51. 6 Whether Plaintiff RUTH QUIMBY’s medical costs for treatment were presented solely to improperly attempt to increase the value of this case. 7 52. 8 9 Whether Defendants were negligent and whether such negligence was a proximate cause of Plaintiff RUTH QUIMBY’s alleged injuries and alleged damages. 10 53. 11 Whether Plaintiff RUTH QUIMBY was comparatively negligent in causing the subject accident. 12 54. Whether the comparative negligence of Plaintiff RUTH QUIMBY, if any, is 13 greater than the negligence of the Defendants, if any. 14 55. 15 The percentage of reduction for the amount of damages that is commensurate with the comparative negligence, in any, of Plaintiff RUTH QUIMBY. 16 17 56. 18 The percentage of reduction for the amount of damages that is commensurate with the comparative negligence, in any, of Plaintiff RUTH QUIMBY. 19 57. The percentage of reduction for the amount of damages that is commensurate with 20 the comparative negligence, in any, of Plaintiff RUTH QUIMBY. 21 58. 22 The extent and value of Plaintiff’s damages (including past and future pain and 23 suffering) related to the incident, if any, and as permitted by Court orders regarding admissibility. 24 III. THE FOLLOWING ARE ISSUES OF LAW TO BE TRIED AND DETERMINED AT TRIAL: 25 1. Duty 27 2. Breach 28 3. Causation 26 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 8 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 9 of 43 1 4. Damages 2 5. The issues of law raised in the parties’ anticipated Motions in Limine. 6. The issues of law raised by the parties at trial. 7. Whether Defendant was negligent at the time of the incident which forms the basis 3 4 5 of this litigation. 6 7 8. injuries and alleged damages. 8 9 9. 10 11 Whether such negligence, if any, was a proximate cause of Plaintiff’s alleged Whether Plaintiff failed to operate her vehicle in a safe and reasonable manner at the time of the subject incident. 10. Whether the subject collision proximately caused injuries to Plaintiff. 11. Whether Plaintiff was comparatively negligent at the time of the incident which 12 13 forms the basis of this litigation. 14 15 12. Plaintiff’s alleged injuries and alleged damages. 16 17 13. 18 19 Whether the comparative negligence of Plaintiff, if any, was a proximate cause of Whether the comparative negligence of Plaintiff, if any, is greater than the negligence of the Defendant, if any. 14. Whether any risks and dangers involved in the factual situation set forth in the 20 Complaint, if any, were open and obvious to Plaintiff. 21 22 23 15. Whether Plaintiff was involved in a prior accident or other form of traumatic event. 16. Whether any prior accident or other form of traumatic event involving Plaintiff, if any, caused the injuries of which he complains in this litigation. 24 25 26 17. Whether the occurrence which is the subject matter of this action was avoidable. 18. Whether the occurrence which is the subject matter of this action was unavoidable. 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 9 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 10 of 43 1 19. 2 whole or in part by the actions of a third party, outside of the control of any party 3 4 Whether the occurrence which is the subject matter of this action was caused in to this litigation. 20. Whether the occurrence which is the subject matter of this action was caused in 5 whole or in part by the negligence of a third party, outside of the control of any 6 party to this litigation. 7 8 21. 9 10 The percentage of reduction for the amount of damages that is commensurate with the comparative negligence, in any, of Plaintiff. 22. 11 Whether Plaintiff suffered injuries resulting from the incident which forms the basis of this litigation. 12 23. Whether Plaintiff suffered monetary damages in the form of past medical expenses 13 stemming from alleged injuries resulting from the incident which forms the basis 14 of this litigation. 15 16 24. 17 18 The amount of monetary damages in the form of past medical expenses, if any, Plaintiff suffered from alleged injuries as a proximate result of this accident. 25. 19 Whether Plaintiff will continue to suffer monetary damages in the future in the form of medical expenses stemming from alleged injuries resulting from the 20 incident which forms the basis of this litigation. 21 22 26. The amount of monetary damages in the form of future medical expenses, if 23 any, Plaintiff will suffer from alleged injuries as a proximate result of this 24 accident. 25 26 27 27. Whether Plaintiff suffered monetary damages in the form of past lost wages stemming from injuries resulting from the incident which forms the basis of this litigation. 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 10 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 11 of 43 1 28. 2 The amount of monetary damages in the form of past lost wages, if any, Plaintiff suffered from injuries as a proximate result of this accident. 3 29. Whether Plaintiff will suffer monetary damages in the form of future lost wages 4 stemming from injuries resulting from the incident which forms the basis of this 5 litigation. 6 7 30. Plaintiff will suffer from injuries as a proximate result of this accident. 8 9 31. this accident. 11 32. The amount of monetary damages in the form of past loss of enjoyment of life, if any, Plaintiff suffered as a result of injuries as a proximate result of this 13 accident. 14 15 Whether Plaintiff suffered monetary damages in the form of past loss of enjoyment of life, if any, Plaintiff suffered from injuries as a proximate result of 10 12 The amount of monetary damages in the form of future lost wages, if any, 33. Whether Plaintiff will suffer monetary damages in the form of future loss of 16 enjoyment of life, if any, Plaintiff suffered from injuries as a 17 proximate result of this accident. 18 34. 19 life, if any, Plaintiff will suffer as a result of injuries as a proximate result 20 21 The amount of monetary damages in the form of future loss of enjoyment of of this accident. 35. 22 Whether Plaintiff suffered injuries to her body, including, but not limited to her, spine resulting from the incident which forms the basis of this litigation. 23 36. Whether Plaintiff suffered monetary damages in the form of past medical 24 expenses stemming from alleged injuries resulting from the incident which 25 26 forms the basis of this litigation. 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 11 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 12 of 43 1 37. 2 The amount of monetary damages in the form of past medical expenses, if any, Plaintiff suffered from alleged injuries as a proximate result of this 3 accident. 4 38. Whether Plaintiff will continue to suffer monetary damages in the future in the 5 form of medical expenses stemming from injuries allegedly resulting from the 6 incident which forms the basis of this litigation. 7 8 39. Plaintiff will suffer from injuries as a proximate result of this accident. 9 10 The amount of monetary damages in the form of future medical expenses, if any, 40. Whether Plaintiff suffered monetary damages in the form of past lost wages 11 stemming from injuries to his spine resulting from the incident which forms the 12 basis of this litigation. 13 41. suffered from injuries allegedly as a proximate result of this accident. 14 15 The amount of monetary damages in the form of past lost wages, if any, Plaintiff 42. Whether Plaintiff will suffer monetary damages in the form of future lost wages 16 stemming from injuries allegedly resulting from the incident which forms the basis 17 of this litigation. 18 43. 19 20 The amount of monetary damages in the form of future lost wages, if any, Plaintiff will suffer from injuries allegedly as a proximate result of this accident. 44. 21 Whether Plaintiff suffered monetary damages in the form of past loss of enjoyment of life, if any, Plaintiff suffered from injuries allegedly as a proximate 22 result of this accident. 23 45. The amount of monetary damages in the form of past loss of enjoyment of life, if 24 any, Plaintiff suffered as a result of injuries allegedly as a proximate result of this 25 26 accident. 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 12 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 13 of 43 1 46. 2 Whether Plaintiff will suffer monetary damages in the form of future loss of enjoyment of life, if any, Plaintiff suffered from injuries as a proximate result 3 of this accident. 4 47. The amount of monetary damages in the form of future loss of enjoyment of 5 life, if any, Plaintiff will suffer as a result of injuries allegedly as a 6 proximate result of this accident. 7 8 9 48. Whether Plaintiff failed to mitigate her damages. 49. Whether Plaintiff suffered from any pre-existing injuries and problems in her body at the time of the incident which forms the basis of this litigation. 10 50. 11 Whether Plaintiff’s medical costs for treatment derived from unreasonable or unnecessary treatment. 12 51. 13 14 Whether Plaintiff’s medical costs for treatment were usual and customary in the Las Vegas community. 15 52. 16 Whether Plaintiff’s medical costs for treatment were presented solely to improperly attempt to increase the value of this case. 17 53. Whether Plaintiff’s alleged injuries were the result of a superseding intervening 54. cause. Whether Plaintiff suffered from any pre-existing injuries and problems at the time 18 19 20 of the incident which forms the basis of this litigation. 21 55. 22 Such evidentiary and procedural issues which may arise during the trial of this action. 23 56. Any remaining issues which may be brought before the Court after rulings on 24 Motions in Limine. 25 26 /// 27 /// 28 /// THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 13 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 14 of 43 1 IV. 2 EXHIBITS (a) 3 The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: 4 NONE. 5 (b) As to the following exhibits, the party against whom the same will be offered 6 objects to their admission on the grounds stated: 7 8 The following exhibits, though not agreed as admissible evidence in this case, are subject to be 9 used by the parties. The parties will work to refine a list of exhibits. 10 11 The Parties intend to offer into evidence in this case the following exhibits: No.: Plaintiff’s Exhibits: 12 13 Exhibit 1. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Description Defendants’ Objections Community Ambulance medical records and billing inadmissible, lack foundation, statement. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Interventional Pain & Spine Institute medical records inadmissible, lack foundation, and billing statement. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 14 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 15 of 43 1 2 3. 3 4 5 6 7 8 9 10 4. 11 12 13 14 15 16 17 18 5. 19 20 21 22 23 24 25 26 27 28 6. excluded by any motion in limine. Radiology Specialists FILMS, medical records and inadmissible, lack foundation, billing statement. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Fremont Emergency Services billing statement. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Las Vegas Radiology FILMS, medical records and inadmissible, lack foundation, billing statement. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Machuca Medicine and Machuca Medicine inadmissible, lack foundation, Dispensary medical records and billing is/are not genuine or authentic; statement. constitute inadmissible hearsay; are unduly prejudicial; violative THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 15 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 16 of 43 1 2 3 4 5 6 7 7. Sunrise Hospital medical records and billing statement. 8. Interventional Pain & Spine Institute Surgical Recommendation letter. 9. A&M Chiropractic Wellness Center records and billing statement. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 16 of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 17 of 43 1 2 3 10. Spectra Clinical Labs medical records and billing statement. 11. New Century Rehabilitation (ATI Physical Therapy) medical records and billing statement. 12. Quest Diagnostics medical and billing records. 13. Concentra Medical Center records and billing statements. 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 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 17 further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 18 of 43 1 2 3 4 5 6 7 8 14. SimonMed Imaging FILMS, medical records and billing statement. 15. Nevada Orthopedic and Spine Center medical records and billing. 16. Joseph Schifini, M.D. medical records and billing statement. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 18 constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 19 of 43 1 2 3 4 17. RVA Rehabilitation and Vocational Associates medical records and billing statement. 18. Steinberg Diagnostic medical records and billing statement. 19. Medical Rehabilitation Associates medical records and billing statement. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 19 Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 20 of 43 1 20. 2 3 4 5 6 7 8 9 21 10 11 12 13 14 15 16 17 22. 18 19 20 21 22 23 24 25 26 27 28 23. Nevada Health Center medical records and billing statement. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Las Vegas Neuroscience and Pain Medicine inadmissible, lack foundation, (Mouchir Harb, M.D.) medical and billing records. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. First Person Care Clinics medical and billing inadmissible, lack foundation, records. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Desert Radiology FILMS, medical and billing inadmissible, lack foundation, records. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 20 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 21 of 43 1 2 3 4 5 6 24. 7 8 9 10 11 12 13 14 25. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26. for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Henderson Hospital medical and billing records. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Firooz Mashhood, M.D. medical records and billing inadmissible, lack foundation, statement. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Steinberg Diagnostic Medical Imaging FILMS, inadmissible, lack foundation, medical and billing records. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 21 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 22 of 43 1 2 27. 3 4 5 6 7 8 9 10 28. 11 12 13 14 15 16 17 18 29. 19 20 21 22 23 24 25 26 27 28 30. excluded by any motion in limine. Machuca Family medical and billing records. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Kelly Hawkins Physical Therapy medical records inadmissible, lack foundation, and billing statement. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. UMC medical records and billing statement. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. IME Recording of Dr. Kaplan. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 22 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 23 of 43 1 2 3 4 5 6 7 31. 8 9 10 11 12 13 14 15 32. 16 17 18 19 20 21 22 23 24 25 26 27 28 33. of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. PMSI Pharmacy medical records and billing inadmissible, lack foundation, statement. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Computation of Damages Chart. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. NHP Dash Cam Footage. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, Nevada case, including but not limited to Frias v. Valle, 101 Nev. 219 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 23 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 24 of 43 1 2 3 4 34. NHP Photos. 35. One (1) Colored Photograph of Plaintiff’s Vehicle. 36. Traffic Accident Report. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 24 (1985) or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, Nevada case, including but not limited to Frias v. Valle, 101 Nev. 219 (1985) or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 25 of 43 1 37. Eleven (11) Color Photos of both Plaintiff and inadmissible, lack foundation, Defendant’s vehicles at the scene of the incident. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. Thirty-One (31) Color Photos taken by NHP from inadmissible, lack foundation, the scene of the incident. is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, are not relevant, and are inadmissible for any other reason set forth within the statutory Rules of Evidence in Nevada, or any other Nevada law. Defendants further object to the extent that this/these documents are excluded by any motion in limine. 2 3 4 5 6 7 8 9 38. 10 11 12 13 14 15 16 17 18 19 No.: Exhibit 1. 20 22 2. 3. 4. 23 5. 24 6. 21 25 7. 26 8. 27 9. 28 Defendant’s Exhibits: Description Pinnacle Heavy Haul Bill of Lading dated November 14, 2017 Three (3) color photographs of accident scene Driver’s Accident Report Thirty-two (32) JPG photos from the Nevada Highway Patrol and edited dash cam footage Plaintiff Ruth Quimby’s Community Ambulance medical and billing records Fremont Emergency Services medical and billing records Plaintiff Ruth Quimby’s Interventional Pain and Spine Institute medical and billing records Plaintiff Ruth Quimby’s Las Vegas Radiology + films- 01/15/18 MRI Lumbar Plaintiff Ruth Quimby’s Machuca Family Medicine medical and billing records THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 25 Plaintiff’s Objection Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 26 of 43 3 10. 11. 12. 13. 4 14. 5 15. 1 2 Plaintiff Ruth Quimby’s Radiology Specialists Plaintiff Ruth Quimby’s Sunrise Hospital Vehicle Registration for 2013 Freightliner tractor Certificate of Vehicle Title for Defendant’s 2013 Freightliner tractor Vehicle Lease Agreement related to 2013 Freightliner tractor/trailer Michael Stevens’ Employment File 6 7 8 9 10 16. 17. 11 18. 19. 12 20. 13 14 21. 15 22. 16 23. 17 24. 18 19 25. 20 21 26. 22 27. 23 24 28. 25 29. 26 27 28 30. 31. Plaintiff Ruth Quimby’s Las Vegas Surgery Center Plaintiff Ruth Quimby’s Steinberg Diagnostic Medical Imaging Plaintiff Ruth Quimby’s A&M Chiropractic Plaintiff Ruth Quimby’s medical records, bills and/or films from Las Vegas Radiology Plaintiff Ruth Quimby’s medical records, bills and/or films from Steinberg Diagnostic Medical Imaging Plaintiff Ruth Quimby’s medical records, bills and/or films from Quest Diagnostics Plaintiff Ruth Quimby’s medical records, bills and/or films from New Century Rehabilitation Plaintiff Ruth Quimby’s medical records, bills and/or films from Spectra Clinical Labs Plaintiff Ruth Quimby’s medical records, bills and/or films from Nevada Orthopedic and Spine Center + films Plaintiff Ruth Quimby’s medical records, bills and/or films from Las Vegas Neuroscience and Pain Management Plaintiff Ruth Quimby’s medical bills received from Sunrise Hospital Plaintiff Ruth Quimby’s medical bills received from Las Vegas Neuroscience and Pain Management Plaintiff Ruth Quimby’s medical records received from PMSI Pharmacy Plaintiff Ruth Quimby’s Employment Records received from the United States Postal Service [personnel file] Plaintiff Ruth Quimby’s Employment Records received from the United States Postal Service [worker’s compensation file] Plaintiff Ruth Quimby’s Medical and Billing THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 26 inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay; are unduly prejudicial; violative of the best evidence rule, Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 27 of 43 1 2 32. 3 4 33. 5 34. 6 35. 7 36. 8 9 37. 10 38. 11 39. 40. 12 13 14 41. 15 16 17 18 42. 19 20 21 43. 22 23 24 44. 25 26 27 28 45. Records received from Rehabilitation & Vocational Associates Certificate of Custodian of Records for Plaintiff’s Ruth Quimby’s billing and medical records received from Quest Diagnostics Plaintiff Ruth Quimby’s Medical and Billing Records received from Concentra Health Plaintiff Ruth Quimby’s Films received from Sunrise Hospital Plaintiff Ruth Quimby’s Films received from SimonMed Imaging Plaintiff Ruth Quimby’s Medical and Billing Records received from Firooz Mashhood, M.D. Plaintiff Ruth Quimby’s Medical and Billing Records received from Henderson Hospital + films Certificate of Custodian of Records of Plaintiff Ruth Quimby for SimonMed Imaging Summons and Complaint Plaintiff Ruth Quimby’s Responses to Defendant’s First Set of Interrogatories, dated October 2, 2020 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Plaintiff Ruth Quimby’s Responses to Defendant’s First Set of Request for Production of Documents, dated October 2, 2020 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Plaintiff Ruth Quimby’s Supplemental Responses to Defendant’s First Set of Request for Production of Documents, dated October 2, 2020 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Plaintiff Ruth Quimby’s Responses to Defendant’s Second Set of Interrogatories, dated May 6, 2021 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Plaintiff Ruth Quimby’s Errata to her Responses to Defendant’s First Set of Interrogatories, dated May 6, 2021 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Defendant Pinnacle Heavy Haul, Inc. dba Pinnacle Transport Group’s Responses to Plaintiff’s First Set of Requests for Admissions, dated September THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 27 Inadmissible to the extent superseded by supplemental answers. Inadmissible to the extent superseded by supplemental responses. Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 28 of 43 1 2 3 46. 4 5 6 47. 7 8 9 10 48. 11 12 49. 13 50. 14 51. 15 16 17 52. 18 19 53. 20 21 54. 22 23 24 55. 25 26 27 28 56. 18, 2020 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Defendant Pinnacle Heavy Haul, Inc. dba Pinnacle Transport Group’s Responses to Plaintiff’s First Set of Interrogatories, dated September 18, 2020 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Defendant Pinnacle Heavy Haul, Inc. dba Pinnacle Transport Group’s Responses to Plaintiff’s First Set of Request for Production of Documents, dated September 18, 2020 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Curriculum Vitae of Whitney G. Morgan (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Initial Expert Report of Whitney G. Morgan, dated May 28, 2021 Supplemental Expert Report of Whitney G. Morgan, dated August 10, 2021 Initial Expert Report of Dror Kopernik, dated August 2, 2021 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Curriculum Vitae of Dror Kopernik (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Initial Expert Report of Dror Kopernik, dated August 2, 2021 (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Curriculum Vitae of Stuart S. Kaplan, M.D., FAANS (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Independent Medical Examination Report of Stuart S. Kaplan, dated July 6, 2021(to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Supplemental Report of Stuart S. Kaplan, M.D., FAANS, dated August 2, 2021(to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Supplemental Report of Stuart S. Kaplan, M.D., THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 28 inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay. Constitutes inadmissible hearsay. Constitutes inadmissible hearsay. Constitutes inadmissible hearsay. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay. Constitutes inadmissible hearsay. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay. Constitutes inadmissible hearsay. Constitutes inadmissible hearsay. Constitutes inadmissible Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 29 of 43 1 2 3 4 5 57. 6 7 58. 8 9 10 59. 11 12 60. 13 14 61. 15 16 17 62. 18 19 63. 20 21 64. 22 23 24 25 65. FAANS, dated September 14, 2021(to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Supplemental Report of Stuart S. Kaplan, M.D., FAANS, dated December 7, 2021(to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Curriculum Vitae, Fee Schedule and Testimony History of Saman Hazany, M.D. (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Expert Report of Saman Hazany, M.D. dated April 26, 2022(to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Deposition transcript of Michael Stevens with exhibits (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Deposition transcript of Firooz Mashhood, M.D. with exhibits (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Deposition transcript of Ruth Quimby (volumes 1 and 2) with exhibits (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Deposition transcript of Maria Giacalone, D.C. with exhibits (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Deposition transcript of Mouchir Harb, M.D. with exhibits (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Deposition transcript of Thomas L. Vater, D.O., with exhibits (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) Deposition transcript of Trooper Justin Branske with exhibits (to the extent deemed admissible by the Court, or for purposes of reference without the intent to admit the document) hearsay. Constitutes inadmissible hearsay. inadmissible, lack foundation, is/are not genuine or authentic; constitute inadmissible hearsay. Constitutes inadmissible hearsay. 26 27 28 Defendant reserves the right to use any discovery responses and/or deposition testimony and/or deposition exhibits for impeachment and/or substantively as party admissions, as may be THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 29 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 30 of 43 1 2 3 relevant at trial. Defendant reserves the right to use demonstrative evidence. Defendant also reserves the right to use any exhibit listed or introduced by Plaintiff, or as previously produced by the parties. 4 The parties reserve any all evidentiary objections for trial. The parties reserve the right to 5 6 object to the admissibility of trial exhibits on the basis of foundation, authenticity, hearsay, and 7 relevance. The parties further reserve the right to object to any exhibit being offered by each side 8 which has not been previously produced during the normal course of discovery proceedings, or 9 pursuant to stipulation and agreement of the parties. The parties also reserve any and all 10 evidentiary objections for trial. 11 Electronic evidence: The parties intend to offer and present evidence in electronic format 12 13 14 15 to jurors for purposes of jury deliberations pursuant to Local Rule 16-3(b)(9) and will contact the court administrator for instructions on how to prepare evidence in electronic format and for any other requirements set by the court. 16 Depositions: Defendant does not intend at this time to offer page and line designations for 17 any deposition transcripts. In the event Defendant learns that a witness is unavailable to testify at 18 19 trial, Defendant will notify all parties and the Court of page and line designations of the unavailable witness’s deposition transcript to offer at trial. Defendant reserves the right to use all 20 21 depositions which have been conducted in this action to refresh recollection and/or to impeach a 22 witness, and otherwise use at trial in accordance with the applicable rules, i.e., Fed. R. Civ. P. 32; 23 Fed. R. Evid. 801(d). 24 25 26 The following witnesses may be called by the parties at trial: No.: Plaintiff’s Witnesses: FACT & PERCIPIENT WITNESSES: 27 1. 28 Ruth Quimby c/o THE702FIRM INJURY ATTORNEYS THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 30 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 31 of 43 400 South 7th Street, 4th Floor Las Vegas, Nevada 89101 (702) 776-3333 1 2 3 2. Michael Stevens c/o HALL JAFFE & CLAYTON, LLP 7425 Peak Drive Las Vegas, NV 89128 (702) 316-4111 3. 30(b)(6) Person(s) Most Knowledgeable and/or Fed. R. Civ. P. 30(b)(6) for Pinnacle Heavy Haul, Inc., dba Pinnacle Transport Group Pinnacle Transportation Systems, Inc. c/o HALL JAFFE & CLAYTON, LLP 7425 Peak Drive Las Vegas, NV 89128 (702) 316-4111 4. Officer Branske Badge No. H6701 Nevada Highway Patrol 4615 W. Sunset Road Las Vegas, NV 89118 4 5 6 7 8 9 10 11 12 13 14 15 16 PLAINTIFF’S MEDICAL PROVIDERS – REPRESENTATIVES AND/ OR DESIGNEES Fed. 17 18 1. Arron V. Lovinger, MD Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Fremont Emergency Services 2951 Marina Bay, Suite 130-132 2. Sunil Gujrathi, MD Richard Schwartz, MD Joshua Owen, MD Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Radiology Specialists, Ltd. 703 20th Street Columbus, GA 31902 3. Alberto Achaval, D.C. 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 31 R. Civ. P. 30(B)(6) Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 32 of 43 Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records A&M Chiropractic Health Wellness Center 830 E. Charleston Blvd. Las Vegas, NV 89104 1 2 3 4 5 6 4. Rogelio Machuca, MD Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Machuca Family Medicine 1501 S. Eastern Avenue Las Vegas, NV 89104 5. Thomas Morgan, EMT Robert Norton, Paramedic Jon Flynn AEMT Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Community Ambulance PO Box 98821 Las Vegas, NV 89193 6. Rogelio Machuca, MD Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Machuca Family Dispensary 1501 S. Eastern Avenue Las Vegas, NV 89104 7. Bhuvana P. Kittusamy, MD Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Las Vegas Radiology 401 N. Buffalo Drive, Suite 100 Las Vegas, NV 89145 8. Aaron Lovinger, MD Peggy L. Beller, MD Treating Physicians and/or 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 32 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 33 of 43 Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Sunrise Hospital & Medical Center 3186 S. Maryland Parkway Las Vegas, NV 89109 1 2 3 4 5 9. Jorg Rosler, MD Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Interventional Pain & Spine Institute 851 S. Rampart Blvd., Suite 100 Las Vegas, NV 89145 10. Melanie Gough, PT, and/or, Barbar Rosso, PT, and/or, Doug Frasniewski, PT and/or, Kasi Snook, PT and/or, Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records New Century Rehabilitation (ATI Physical Therapy) 7301 Peak Dr, Ste. 150 Las Vegas, NV 89128 11. Fed. R. Civ. P. 30(b)(6) Representative and/or Treating Physicians and/or Treating Nurses and/or Custodian of Records PMSI Pharmacy P.O. Box 850001, Dept. 0570 Orlando, FL 32885 12. Firooz Mashhood, M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Medical Rehabilitation Associates 734 E. Sahara Ave. Las Vegas, NV 89104 13. Fed. R. Civ. P. 30(b)(6) for Professional Institute of Technology Inc Treating Physicians and/or 33 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 34 of 43 Treating Nurses and/or Representative and/or Custodian of Records 2625 S. Rainbow Blvd Las Vegas, NV 89104 1 2 3 4 14. Kenneth Fortgang, M.D. and/or Matthew Reardon, M.D and/or Greg J. Coleman, PT and/or Michael P. Foster, PT and/or Jason Rusk, M.D. and/or Steven Xiao, M.D. and/or Raymund Dela, M.D. and/or John Britton, PT, and/or Robert Lewis, PT and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Concentra Medical Center 149 N. Gibson Road Henderson, NV 89014 15. David Mirich, M.D. and/or Henry Chang, M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Steinberg Diagnostic Medical Imaging P.O. Box 36900 Las Vegas, NV 89133 16. Eric Davis, M.S., CRC, and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records RVA-Rehabilitation & Vocational Associates 6550 S. Pecos Rd. Ste B-114 Las Vegas, NV 89120 17. George Greaney, MD Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Las Vegas Surgery Center 870 S. Rancho 34 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 35 of 43 Las Vegas, NV 89106 1 2 18. Joseph J. Schifini, MD Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records 600 S. Tonopah Dr., Suite 240 Las Vegas, NV 89106 19. Muhammad Ali Hyder, M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records First Person Care Clinics 1200 S. 4th Street, Suite 111 Las Vegas, NV 89104 20. Fed. R. Civ. P. 30(b)(6) Representative and/or Treating Physicians and/or Treating Nurses and/or Custodian of Records for QTC Medical Group 1818 N. Orange Grove, Suite 101 Pomona, CA 91767 21. Thomas Vater, DO, and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Nevada Orthopedic & Spine Center 7455 W. Washington Ave. Ste. 160 Las Vegas, NV 89128 22. Fed. R. Civ. P. 30(b)(6) Representative and/or Treating Physicians and/or Treating Nurses and/or Custodian of Records Oasis Counseling Neuropsychology/LCSW 7361 Prairie Falcon Rd. Ste. D Las Vegas, NV 89128 23. Elizabeth Iole, M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records 35 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 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 36 of 43 Quest Diagnostics 4230 Burnham Ave. #144 Las Vegas, NV 89119 1 2 3 24. Fed. R. Civ. P. 30(b)(6) Representative and/or Treating Physicians and/or Treating Nurses and/or Custodian of Records UNLV Medicine 1707 W. Charleston Blvd. Suite 110 Las Vegas, NV 891002 25. Mouchir S. Harb M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Las Vegas Neuroscience and Pain Institute 6276 S. Rainbow Blvd. Ste. 100 Las Vegas, NV 89118 26. David K. Lieu, M.D and/or Youssef Korkar, CLS and/or, Jesse A. Abrajano, M.S., CLS and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Spectra Clinical Labs 8337 Telegraph Rd. #4 Pico Rivera, CA 90660 27. Robert R. Cartwright, M.D. and/or William Orrison, Jr. M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records SimonMed Imaging P.O. Box 207465 Dallas, TX 75320-7466 28. Parisa Amleshi, M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Nevada Health Centers, Inc. 3325 Research Way 36 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 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 37 of 43 Carson City, NV 89706 1 2 29. 3 4 5 6 7 30. 8 9 10 11 12 Stepanida Freeman, M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Henderson Hospital 1050 W. Galleria Dr. Henderson, NV 89011 Marko Marbella, M.D. and/or Van Nguyen, M.D. and/or Tamra Baldauf, M.D. and/or Hubert Chin, M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Desert Radiology 2020 Palomino Lane, Ste 100 Las Vegas, NV 89106 13 14 31. Soterita Aispuro, M.D. and/or Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records University Medical Center 1800 W. Charleston Blvd Las Vegas, NV 89102 32. Fed. R. Civ. P. 30(b)(6) Representative and/or Treating Physicians and/or Treating Nurses and/or Custodian of Records Kelly Hawkins & Associates 3831 W. Charleston Blvd Las Vegas, NV 89102 33. Treating Physicians and/or Treating Nurses and/or Fed. R. Civ. P. 30(b)(6) Representative and/or Custodian of Records Firooz Mashhood, M.D. 5440 W Sahara Ave, Ste 104 Las Vegas, NV 89146 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 37 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 38 of 43 1 2 No.: Defendant’s Witnesses: 1. Pinnacle Transport Group A) FRCP 30(b)(6) Witness(es) to be determined B) Mark Herman, Director of Safety & Compliance 2206 Toledo Road Elkhart, Indiana 46516 2. Michael L. Stevens 880 Salem Drive Toms River, New Jersey 08753 3. Ruth Quimby c/o Michael C. Kane, Esq. Bradley J. Myers, Esq. Richard A. Englemann, Esq. THE702FIRM 400 South Seventh Street, Suite 400 Las Vegas, Nevada 89101 4. Nevada Highway Patrol A) FRCP 30(b)(6)Witness(es) and/or Custodian of Records B) Trooper Branske, P# H6701 4615 West Sunset Road Las Vegas, Nevada 89118 5. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Jeff Nicholls John Flynn Community Ambulance 91 Corporate Park Drive, Suite 120 Henderson, Nevada 89074 6. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Laiken Dupes Fremont Emergency Services Mandavia, Ltd. 3429 Regal Drive Alcoa, Tennessee 37701 7. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Amanda Davis Jorg Rosler, M.D. Interventional Pain and Spine Institute 851 South Rampart Boulevard, Suite 100 Las Vegas, Nevada 89145 8. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Mario Gonzalez 38 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 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 39 of 43 Bhuvana Kittusamy, M.D. Las Vegas Radiology 401 North Buffalo Drive, Suite 100 Las Vegas, Nevada 89145 1 2 3 4 9. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Martha Felix Rogelio Machuca, M.D. Maria Machuca, APRN Machuca Family Medicine 1501 South Eastern Avenue Las Vegas, Nevada 89104 10. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Andrea Araneta Radiology Specialists, Ltd. 703 20th Street Columbus, Georgia 31902 11. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Frances Oliveri Aaron Lovinger, M.D. Joshua Owen, M.D. Richard Schwartz, M.D Sunrise Hospital 3186 South Maryland Parkway Las Vegas, Nevada 89109 12. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Laurie Gove Joseph Schifini, M.D Las Vegas Surgery Center 870 South Rancho Drive Las Vegas, Nevada 89106 13. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Ana Santamaria David Mirich, M.D Henry Chang, M.D. Steinberg Diagnostic Medical Imaging 2950 South Maryland Parkway Las Vegas, Nevada 89109 14. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Maria Santamaria Alberto Achaval, D.C. Maria Giacalone, D.C. A&M Chiropractic 228 South Jones Boulevard 39 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 40 of 43 Las Vegas, Nevada 89107 1 2 15. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Clarence Kerr Quest Diagnostics 4230 Burnham Avenue Las Vegas, Nevada 89119 16. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Anna Vardaman Doug Krasniewski, PT Melanie Gough, PT Kasi Snook, PT Barbara Rosso, PTA New Century Rehabilitation, an ATI Company 1505 Wigwam Parkway, Suite 240 Henderson, Nevada 89074 17. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, “Erin” Spectra Clinical Labs 20655 South Western Avenue, Suite 105 Torrance, California 90501 18. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Janine Schwartz Thomas Vater, D.O. Vladimir Sinkov, M.D. Nevada Orthopedic & Spine Center 7455 West Washington Avenue, Suite 160 Las Vegas, Nevada 89128 19. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records Mouchir Harb, M.D. Las Vegas Neuroscience and Pain Medicine 6276 South Rainbow Boulevard, Suite 100 Las Vegas, Nevada 89118 20. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Jasmin Alicea PMSI Pharmacy 4502 East Woodland Corp Boulevard, Suite 105 Tampa, Florida 33614 21. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Jasmin Alicea United States Postal Service Law Department - Western Area 40 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 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 41 of 43 1745 Stout Street, Suite 500 Denver, Colorado 80299-5555 1 2 3 22. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Gerald Davis Gerald Y. Davis, M. Ed., CRC Eric Davis, M.S., CRC Rehabilitation & Vocational Associates 6550 South Pecos Road, Suite B-114 Las Vegas, Nevada 89120 23. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Roxie Franklin Matthew Reardon, M.D. Tony Chin, M.D. Jason Rusk, PA-C Raymund Dela, PA-C John Britton, PT Greg Coleman, PT Michael P. Foster, PT Concentra Medical Center 5850 South Polaris Avenue, Suite 100 Las Vegas, Nevada 89118 24. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Kevin Segoviano Firooz Mashhood, M.D. 5440 West Sahara Avenue, Suite 104 Las Vegas, Nevada 89146 25. Physicians, Nurses, Technicians, Healthcare Providers and/or FRCP 30(b)(6)Witness(es) and/or Custodian of Records, Lisa Redden Stepanida Freeman, M.D. Sean Stevens, M.D. Henderson Hospital 1050 Galleria Drive Henderson, Nevada 89011 26. Dror Kopernik, P.E. Foresight Reconstruction, Inc. 5901 Lincoln Avenue Morton Grove, Illinois 60053 27. Whitney G. Morgan Motor Carrier Safety Consulting 2229 First Avenue North Birmingham, Alabama 35203 28. Stuart S. Kaplan, M.D. 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 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 41 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 42 of 43 Las Vegas Neurosurgical Institute 3012 South Durango Drive Las Vegas, Nevada 89117 1 2 3 4 29. Saman Hazany, M.D. 2800 Neilson Way, Suite 1704 Santa Monica, California 90405 5 6 7 The parties agree that the witness and exhibit list may be amended as required before trial. The parties reserve the right to use any witnesses listed by any other party to this litigation. 8 The parties further reserve the right to name and list any witnesses deemed necessary for rebuttal 9 and/or impeachment purposes. 10 11 VIII. TRIAL DATE Counsel have met and herewith submit a list of (3) agreed-upon trial dates: 12 May 8, 2023 13 14 May 15, 2023 15 May 23, 2023 16 It is expressly understood by the undersigned that the Court will set a trial of this matter on 17 one of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the 18 Court’s calendar. 19 20 ESTIMATED LENGTH OF TRIAL It is estimated that the trial will take a total of 7-10 days. 21 22 23 24 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 42 Case 2:19-cv-02181-JCM-NJK Document 56 55 Filed 05/23/22 05/17/22 Page 43 of 43 1 THE702FIRM INJURY ATTORNEYS HALL JAFFE & CLAYTON, LLP. 2 /s/ Zachary W. Livingston ___________________________ 5/17/2022 MICHAEL C. KANE. ESQ. Nevada Bar No.: 10096 BRADLEY J. MYERS, ESQ. Nevada Bar No.: 8857 ZACHARY W. LIVINGSTON, ESQ. Nevada Bar No.: 15954 400 S. 7th Street, 4th Floor Las Vegas, Nevada 89101 Telephone: (702) 776-3333 Facsimile: (702) 505-9787 service@the702firm.com E-Mail: Attorneys for Plaintiff /s/ Daniel C. Tetreault ___________________________ 5/17/2022 STEVEN T. JAFFE, ESQ. Nevada Bar No.: 7035 DANIEL C. TETREAULT, ESQ. Nevada Bar No.: 11473 7425 Peak Drive Las Vegas, Nevada 89128 Telephone: (702) 316-4111 Facsimile: (702) 316-4114 E-Mail: sjaffe@lawhjc.com E-Mail: dtetreault@lawhjc.com Attorneys for Defendants 3 4 5 6 7 8 9 10 11 12 ACTION BY THE COURT 13 14 15 16 17 at 9:00 a.m. This case is set for court/jury trial on the fixed/stacked calendar on May 8, 2023 The Calendar call will be held on May 3, 2023 at 1:30 p.m.. This pretrial order has been approved by the parties to this action as evidenced by their 18 19 20 21 22 23 24 signatures or the signatures of their attorneys hereon, and the order is hereby entered and will govern the trial of this case. This order may not be amended except by court order and based upon the parties’ agreement or to prevent manifest injustice. May 23, 2022 DATED: ____________________. ___________________________________ UNITED STATES DISTRICT JUDGE or UNITED STATES MAGISTRATE JUDGE 25 26 27 28 THE702FIRM ATTORNEYS AT LAW 400 S. 7th St. #400 LAS VEGAS, NEVADA 89101 PHONE: (702) 776-3333 43

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