McCabe v. Wal-Mart Stores, Inc. et al, No. 2:2014cv01987 - Document 59 (D. Nev. 2015)

Court Description: ORDER Granting 58 Amended Joint Pretrial Order filed by Wal-Mart Stores, Inc. Jury Trial set for 8/9/2016 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Calendar Call set for 8/1/2016 at 01:30 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Motions due by 7/1/2016. Trial Briefs, Proposed Jury Instructions, and Proposed Voir Dire due by 8/1/2016. Signed by Judge Jennifer A. Dorsey on 12/15/2015. (Copies have been distributed pursuant to the NEF - NEV)
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McCabe v. Wal-Mart Stores, Inc. et al 1 2 3 4 5 6 Doc. 59 BRENDA H. ENTZMINGER Nevada Bar No. 9800 PHILLIPS, SPALLAS & ANGSTADT LLC 504 South Ninth Street Las Vegas, Nevada 89101 (702) 938-1510 Attorneys for Defendants Wal-Mart Stores, Inc. and Walmart Neighborhood Market 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 SUSIE MCCABE, Plaintiff, 11 12 13 14 15 16 CASE NO: 2:14-cv-01987-JAD-CWH v. AMENDED JOINT PRETRIAL ORDER WAL-MART STORES, INC, WAL-MART NEIGHBORHOOD MARKET, DOE MAINTENANCE EMPLOYEE, DOE EMPLOYEE, DOE JANITORIAL EMPLOYEE, DOE OWNER, I-V, ROE OWNERS, ROE EMPLOYER, and ROE COMPANIES. 17 Defendants. 18 JOINT PRETRIAL ORDER 19 20 21 Following pretrial proceedings in this cause, IT IS ORDERED: I. 22 23 24 25 26 This is an action for: The underlying lawsuit pertains to an alleged slip and fall incident which occurred on November 4, 2012 at a Walmart Grocery store in Las Vegas, NV. See McCabe Complaint, Dkt. No. 1. As a result of this incident, Plaintiff Susie McCabe alleges she was injured. 27 Page 1 of 28 28 Dockets.Justia.com 1 II. 2 Statement of Jurisdiction: 3 On December 16, 2014, this case was removed to Federal Court pursuant to 28 U.S.C. 1332, 4 1441(a), and 1466(a) based upon diversity jurisdiction. Defendant Wal-Mart is a Delaware 5 corporation with its principal place of business in the State of Arkansas and is therefore a citizen of 6 the Stte of Delaware and the State of Arkansas. 7 III. 8 9 10 The following facts are admitted by the parties and require no proof: 1. On November 4, 2012, SUSIE MCCABE was a patron of Wal-Mart Neighborhood Store located at 1400 S. Lamb Blvd., Las Vegas NV 89104. 11 12 13 14 IV. The following facts, though not admitted, will not be contested at trial by evidence to the contrary: 1. None V. 15 16 The following are the issues of fact to be tried and determined upon trial. Should counsel be 17 unable to agree upon the statement of issues of fact or law, the joint pretrial order should include 18 separate statements of issues of fact or law to be tried and determined upon trial. (Each issue of fact 19 must be stated separately and in specific terms.): 20 1. Whether Defendant was negligent.; 21 2. Whether Plaintiff was comparatively negligent. 22 23 24 3. Whether ; The reasonable value of the damages incurred to Plaintiff 25 26 27 Page 2 of 28 28 1 4. Whether the medical care and treatment received by Plaintiff was reasonable and necessary as a result of the subject incident. Whether the medical care and treatment 2 received by Plaintiff was causally related to the incident concerned in this litigation. 3 4 5 6 5. VI. The following are the issues of law to be tried and determined upon trial: 1. The amount of negligence, if any, attributable to each party in this litigation. 7 2. Whether the subject incident was the proximate cause of the medical care, 8 9 treatment and other damages alleged by Plaintiff. 10 11 12 VII. (a) The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: 13 (b) 1) Plaintiff’s exhibits: None. 14 (c) 2) Defendant’s exhibits: None. 15 Plaintiff’s List of Exhibits that will be offered in evidence: 16 1. Plaintiff’s Filed Complaint; 17 101. Medical and billing records from Advanced Occupational Health Records for Plaintiff, 18 SUSIE MCCABE; 19 102. Medical and billing records from Nevada Spine Clinic for Plaintiff, SUSIE MCCABE; 20 103. Additional medical and billing records from Diagnostic Imaging of Southern Nevada for 21 Plaintiff, SUSIE MCCABE; 22 104. Medical and billing records from Las Vegas Radiology for Plaintiff, SUSIE MCCABE; 23 105. Medical and billing records from Valley Hospital Medical Center for Plaintiff, SUSIE 24 25 26 MCCABE; 106. Medical and billing records from Western Regional Center for Brain & Spine Surgery for Plaintiff, SUSIE MCCABE; 27 Page 3 of 28 28 1 107. Medical and billing records from Well Care Pharmacy for Plaintiff, SUSIE MCCABE; 2 108. Medical and billing records from David Ross, M.D. for Plaintiff, SUSIE MCCABE; 3 109. Medical report and estimate of future medical expenses from Dr. Stuart Kaplan, M.D. for 4 Plaintiff, SUSIE MCCABE; 5 110. Billing records from Goetz Do LLC for Plaintiff, SUSIE MCCABE; 6 111. Walmart’s Customer Statement by Plaintiff, SUSIE MCCABE; 7 112. Curriculum Vitae, Fee Schedule and Testimony List of Mark Kabins, M.D.; 8 113. Independent Medical Examination/Comprehensive Medicolegal Assessment report dated 9 10 11 12 13 May 18, 2015 of Mark Kabins, M.D., regarding Plaintiff, SUSIE MCCABE; 114. Additional medical and billing records from Valley Hospital Medical Center for Plaintiff, SUSIE MCCABE; 115. Comprehensive Medical Records Review report dated June 1, 2015 of Mark Kabins, M.D., regarding Plaintiff, SUSIE MCCABE; 14 116. Curriculum Vitae, Fee Schedule and Testimony List of Mark Kabins, M.D.; 15 117. Curriculum Vitae & Fee Schedule of Joseph T. Crouse, Ph.D.; 16 118. Medical Care Cost Summary report dated June 2, 2015 of Joseph T. Crouse, Ph.D., 17 18 19 20 21 regarding Plaintiff, SUSIE MCCABE; 119. Curriculum Vitae, Fee Schedule and Testimony of Stuart S. Kaplan, M.D., regarding Plaintiff, SUSIE MCCABE; 120. Medical Records Review report dated June 4, 2015 of Stuart S. Kaplan, M.D., regarding Plaintiff, SUSIE MCCABE; 22 121. Curriculum Vitae, Fee Schedule and Testimony List of Frank A. Perez, Ph.D.; 23 122. Preliminary Report dated July 3, 2015 for Plaintiff, SUSIE MCCABE by Frank A. Perez, 24 25 Ph.D.; 123. Curriculum Vitae, Fee Schedule and Testimony List of Hans Jorge Rosler, M.D.; 26 27 Page 4 of 28 28 1 2 3 4 5 6 7 8 9 10 124. First Addendum to Comprehensive Medical Record Review report dated June 30, 2015 of Mark Kabins, M.D., regarding Plaintiff, SUSIE MCCABE; 125. Medical records from Las Vegas Paiute Health & Human Services for Plaintiff, SUSIE MCCABE; 126. Additional medical and billing records from Western Regional Center for Brain & Spine Surgery for Plaintiff, SUSIE MCCABE; 127. Rebuttal Report dated August 2, 2015 of Mark Kabins, M.D., regarding Plaintiff, SUSIE MCCABE; 128. Rebuttal Report dated August 2, 2015 of Stuart S. Kaplan, M.D., regarding Plaintiff, SUSIE MCCABE; 11 129. Deposition transcript of Susie McCabe taken June 9, 2015; 12 130. Deposition transcript of Herbert McCabe taken August 3, 2015; 13 131. Deposition transcript of Naomi McCabe taken August 3, 2015; 14 132. Deposition transcript of Stuart S. Kaplan, M.D., taken August 7, 2015; 15 133. Deposition transcript of Hans Jorg Rosler, M.D., taken August 11, 2015; 16 134. Deposition transcript of Michael Reid, M.D., taken August 20, 2015; 17 135. Deposition transcript of Steven L. McIntire, M.D., taken August 19, 2015; 18 136. Deposition transcript of Joseph T. Crouse, Ph.D., taken August 27, 2015; 19 137. Deposition transcript of Juan Sanchez taken August 28, 2015; 20 138. Deposition transcript of James Sanders, Jr., taken August 28, 2015; 21 139. Supplemental Preliminary Report dated September 9, 2015 for Plaintiff, SUSIE MCCABE 22 23 by Frank A. Perez, Ph.D.; 140. Deposition transcript of Frank A. Perez, Ph.D., taken September 9, 2015; 24 25 All exhibits listed by any other party to this litigation. 26 All documents identified during discovery in this litigation. 27 Page 5 of 28 28 1 All pleadings filed in the case 2 All responses to any Interrogatories and/or Request for Admissions by any Defendant in this 3 litigation. 4 All depositions including exhibits 5 Rebuttal and/or impeachment documents. 6 Plaintiff reserves the right to supplement this list as the discovery process continues. 7 8 9 Defendant’s List of Exhibits that will be offered in evidence: A. Store Incident Report, dated November 4, 2012 WM 2014-25851-0002 through WM 10 11 12 2014-025851-0003; B. Customer Statement of Susie McCabe, dated November 4, 2012 WM 2014-25851- 13 0001; 14 C. Walmart policies and procedures on closing as of date of incident; WM 2014-030530- 15 0126 through -0141; WM 2014-030530-0146 through -0148; WM 2014-030530-0174; WM 16 2014-030530-0185 through -0241; WM 2014-030530-0273 through -0274; WM 2014- 17 030530-0284 through -0285; WM 2014-030530-0292 through -0294; WM 2014-03053018 19 0299 through -0300; WM 2014-030530-0311 through -0313; WM 2014-030530-0316 20 through -0317; WM 2014-030530-0356 through -0359; WM 2014-030530-0380 through - 21 0383; WM 2014-030530-0388 through -0390; WM 2014-030530-0396 through -0397; WM 22 2014-030530-0400 through -0402; WM 2014-030530-0430 through -0431; WM 2014- 23 030530-0437 through -0438; WM 2014-030530-0447 through -0448; WM 2014-030530- 24 0450 through -0452; WM 2014-030530-0461 through -0517; WM 2014-030530-0693 25 26 27 Page 6 of 28 28 1 2 through -0694; WM 2014-030530-0699 through -0704; WM 2014-030530-0712 through 0713; WM 2014-030530-0719 through -0721; WM 2014-030530-0725; 3 D. Walmart policies and procedures on Customer Incident Claims Process as of date of 4 incident; WM 2014-30530-0746 through WM 2014-30530-076; 5 E. Walmart structural repair scope of work WM-30530-0763-WM-30530-0766 6 F. any and all medical records and billings disclosed and/or produced by Plaintiff 7 G. Dr. McIntire’s reports, 8 9 H. Dr. McIntire’s curriculum vitae, 10 I. Dr. McIntire’s testimony list, 11 J. Dr. McIntire’s publication list 12 K. Dr. Mcintire’s fee schedules 13 L. Dr. McIntire’s record review Dated May 1, 2015, 14 M. Dr. McIntire’s IME Report dated June 16, 2015 15 N. Dr. McIntire’s supplemental report dated September 2, 2015 16 17 P. Dr. Reid’s reports dated May 12, 2015 and June 16, 2015, 18 Q. Dr. Reid’s curriculum vitae, 19 R. Dr. Reid’s testimony list, 20 S. Dr. Reid’s publication list 21 22 T. Dr. Reid’s fee schedules U. Any and all Rule 26(a) disclosures, supplements thereto and discovery responses 23 24 25 26 produced by Plaintiff in this litigation. The parties reserve the right to use documents/materials not listed herein for impeachment purposes. 27 Page 7 of 28 28 1 2 3 (d) As to the following additional exhibits the parties have reached the stipulations stated: 4 (1) Set forth stipulations as to Plaintiff’s exhibits. 5 None1 6 (2) Set forth stipulations as to Defendant’s exhibits. 7 None. Defendant does not stipulate that the medical treatments and bills are 8 reasonable, customary, and causally related to Plaintiff’s injuries at issue. 9 (e) As to the following exhibits, the party against whom the same will be offered objects to 10 their admission upon the grounds stated: 11 1) 16 NOS.129-128 140: FRE: 802,901, 403 5) 15 NOS. 101-108,110,114,125-126: FRE: 802,901,403 4) 14 NOS. 1, 109-124, 127-128, 139: FRE 702,802,901, 403 3) 13 Objections to Plaintiff’s exhibits as follows: 2) 12 Further, Defendant reserves the right to object to Plaintiff’s exhibits up to the time of trial based upon the following grounds, including but not limited to” the fact that the 17 documents are not relevant, are unfairly prejudicial, are not identified with particularity, 18 contain hearsay, lack of foundation, are speculative, are unduly prejudicial, and not 19 disclosed during the normal course of discovery. 20 (f) Depositions: 21 (1) Plaintiff will offer the following depositions: 22 (a) Steven L. McIntire, M.D. 23 (b) Michael H. Reid, Ph.D. 24 25 26 27 1 The parties each filed motions seeking to limit or preclude certain exhibits. Thus, no stipulation at this time has been reached, but this list will need to be amended pursuant to the orders from the Court on the pending motions. Page 8 of 28 28 1 (c) James Sanders Jr. 2 (d) Juan Sanchez 3 (e) Frank Perez, Ph.D. 4 (f) Mary Homan 5 (g) Norika Johnson 6 (h) Shawna Murolo – depo pending for 11/30/15 7 (2) Defendant will offer the following depositions: 8 Defendant does not intend to read any depositions at this time, but reserves the 9 right to use depositions due to deponent unavailability, to refresh recollection 10 11 and/or impeach deposed witnesses. (g) Objections to Depositions: (1) Defendant objects to Plaintiff’s depositions as follows: 12 Defendant objects to 13 Plaintiff’s proposed use of deposition transcripts as indicated above except for 14 permissible use such as witness unavailability, to refresh recollection, or for 15 impeachment and to any objections raised at the time of deposition. (2) Plaintiff objects to Defendant’s depositions as follows: None. 16 VIII. 17 18 19 20 The following joint witnesses may be called by the parties upon trial: PLAINTIFF’S WITNESSES 1. 21 22 SUSIE MCCABE, Plaintiff c/o MORRIS ANDERSON 716 S. Jones Blvd. Las Vegas, Nevada 89107 23 24 25 26 SUSIE MCCABE is the Plaintiff in this action and is expected to provide testimony as to the facts and circumstances surrounding this incident and the injuries and treatment she received. 2. PMK of WAL-MART SUPERCENTER dba WAL-MART STORES, INC. 27 Page 9 of 28 28 c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 1 2 3 4 5 PMK of WAL-MART SUPERCENTER is a Defendant in this action and is expected to provide testimony as to the facts and circumstances surrounding this incident 3. 6 7 WAL-MART EMPLOYEE, JUAN SANCHEZ c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 8 JUAN SANCHEZ was the assistant manager on site at the time of the incident and is a witness 9 who is expected to provide testimony as to the facts and circumstances surrounding this incident. 10 4. 11 12 WAL-MART EMPLOYEE, PAUL ANGELOTTI c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 13 14 15 16 PAUL ANGELOTTI was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 5. 17 18 19 20 21 DAVID BOLLINGER was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 6. 22 23 24 25 26 WAL-MART EMPLOYEE, DAVID BOLLINGER c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 WAL-MART EMPLOYEE, JAMES BROWN c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 JAMES BROWN was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 7. WAL-MART EMPLOYEE, ANTONIO CARRILLO 27 Page 10 of 28 28 c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 1 2 3 4 5 ANTONIO CARRILLO was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 8. 6 7 WAL-MART EMPLOYEE, JAMES CROSS c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 8 JAMES CROSS was an employee at the time of the incident and is a witness who is expected to 9 provide testimony as to the facts and circumstances surrounding this incident. 10 9. 11 12 WAL-MART EMPLOYEE, ZULEMA DE LA PAZ c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 13 14 15 16 ZULEMA DE LA PAZ was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 10. 17 18 19 20 21 JAMES DIFRANCISCO was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 11. 22 23 24 25 26 WAL-MART EMPLOYEE, JAMES DIFRANCISCO c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 WAL-MART EMPLOYEE, REBECCA DIXON c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 REBECCA DIXON was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 12. WAL-MART EMPLOYEE, HOLLY DOUANGPRACHANH 27 Page 11 of 28 28 c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 1 2 3 4 5 HOLLY DOUANGPRACHANH was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 13. 6 7 WAL-MART EMPLOYEE, KATHLEEN DUPREE c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 8 KATHLEEN DUPREE was an employee at the time of the incident and is a witness who is 9 expected to provide testimony as to the facts and circumstances surrounding this incident. 10 14. 11 12 WAL-MART EMPLOYEE, JEFFREYSON ESMENA c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 13 14 15 16 JEFFREYSON ESMENA was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 15. 17 18 19 20 21 JESSICA FLORES-NAJERA was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 16. 22 23 24 25 26 WAL-MART EMPLOYEE, JESSICA FLORES-NAJERA c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 WAL-MART EMPLOYEE, CHANNEL FULTZ c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 CHANNEL FULTZ was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 17. WAL-MART EMPLOYEE, RAMON GONZALEZ 27 Page 12 of 28 28 c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 1 2 3 4 5 RAMON GONZALEZ was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 18. 6 7 WAL-MART EMPLOYEE, SONIA GONZALEZ c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 8 SONIA GONZALEZ was an employee at the time of the incident and is a witness who is 9 expected to provide testimony as to the facts and circumstances surrounding this incident. 10 19. 11 12 WAL-MART EMPLOYEE, ARTHUR GRAY c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 13 14 15 16 ARTHUR GRAY was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 20. 17 18 19 20 21 KATHY HAFF was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 21. 22 23 24 25 26 WAL-MART EMPLOYEE, KATHY HAFF c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 WAL-MART EMPLOYEE, SAMUEL HARRIS c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 SAMUEL HARRIS was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 22. WAL-MART EMPLOYEE, MARY HAYES 27 Page 13 of 28 28 c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 1 2 3 4 5 MARY HAYES was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 23. 6 7 WAL-MART EMPLOYEE, MARY HOMAN c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 8 MARY HOMAN was an employee at the time of the incident and is a witness who is expected 9 to provide testimony as to the facts and circumstances surrounding this incident. 10 24. 11 12 WAL-MART EMPLOYEE, KYLE IRWIN c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 13 14 15 16 KYLE IRWIN was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 25. 17 18 19 20 21 NORIKO JOHNSON was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 26. 22 23 24 25 26 WAL-MART EMPLOYEE, NORIKO JOHNSON c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 WAL-MART EMPLOYEE, CARMEN LUCERO c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 CARMEN LUCERO was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 27. WAL-MART EMPLOYEE, JOSE MENDEZ 27 Page 14 of 28 28 c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 1 2 3 4 5 JOSE MENDEZ was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 28. 6 7 WAL-MART EMPLOYEE, SHAWNA MUROLO c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 8 SHAWNA MUROLO was an employee at the time of the incident and is a witness who is 9 expected to provide testimony as to the facts and circumstances surrounding this incident. 10 29. 11 12 WAL-MART EMPLOYEE, MERANNDA PERALTA c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 13 14 15 16 MERRANDA PERALTA was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 30. 17 18 19 20 21 RICHARD PINCKNEY, III was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 31. 22 23 24 25 26 WAL-MART EMPLOYEE, RICHARD PENCKNEY, III c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 WAL-MART EMPLOYEE, ZACHARY PREMACK c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 ZACHARY PREMACK was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 32. WAL-MART EMPLOYEE, DENCY RANGEL 27 Page 15 of 28 28 c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 1 2 3 4 5 DENCY RANGEL was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 33. 6 7 WAL-MART EMPLOYEE, SHELLEY RAUB c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 8 SHELLEY RAUB was an employee at the time of the incident and is a witness who is expected 9 to provide testimony as to the facts and circumstances surrounding this incident. 10 34. 11 12 WAL-MART EMPLOYEE, TOMMY RENAUD c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 13 14 15 16 TOMMY RENAUD was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 35. 17 18 19 20 21 GABRIEL RIDEOUT was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 36. 22 23 24 25 26 WAL-MART EMPLOYEE, GABRIEL RIDEOUT c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 WAL-MART EMPLOYEE, ANTHONY RODRIGUEZ c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 ANTHONY RODRIGUEZ was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 37. WAL-MART EMPLOYEE, GEORGE SCHEIBERT 27 Page 16 of 28 28 c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 1 2 3 4 GEORGE SCHEIBERT was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 5 6 38. 7 8 WAL-MART EMPLOYEE, DALLAS SCOTT c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 9 DALLAS SCOTT was an employee at the time of the incident and is a witness who is expected 10 to provide testimony as to the facts and circumstances surrounding this incident. 11 39. 12 13 WAL-MART EMPLOYEE, TAHIYYAH SHAKIR-JEMMOTT c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 14 15 16 17 TAHIYYAH SHAKIR-JEMMOTT was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 40. 18 19 20 21 22 23 24 25 26 WAL-MART EMPLOYEE, DALE SIMMONS c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 DALE SIMMONS was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 41. WAL-MART EMPLOYEE, JAMIE SMITH c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 JAMIE SMITH was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 27 Page 17 of 28 28 1 42. 2 3 4 5 6 WAL-MART EMPLOYEE, JASON SPROUT c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 JASON SPROUT was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 43. 7 8 WAL-MART EMPLOYEE, JAMES STRINGER c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 9 JAMES STRINGER was an employee at the time of the incident and is a witness who is 10 expected to provide testimony as to the facts and circumstances surrounding this incident. 11 44. 12 13 WAL-MART EMPLOYEE, GWENDOLYN TURNER c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 14 15 16 17 GWENDOLYN TURNER was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 45. 18 19 20 21 22 23 24 25 26 WAL-MART EMPLOYEE, WILLIAMS WHITE c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 WILLIAMS WHITE was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 46. WAL-MART EMPLOYEE, ASHLEY WILLIAMS c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 ASHLEY WILLIAMS was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 27 Page 18 of 28 28 1 47. 2 3 4 5 6 WAL-MART EMPLOYEE, KEIYANNA WILSON c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 KEIYANNA WILSON was an employee at the time of the incident and is a witness who is expected to provide testimony as to the facts and circumstances surrounding this incident. 48. 7 8 WAL-MART EMPLOYEE, MARIBEL ZAPEDA c/o Phillips, Spallas, Angstadt, LLC 504 South Ninth Street Las Vegas, NV 89101 9 MARIBEL ZAPEDA was an employee at the time of the incident and is a witness who is 10 expected to provide testimony as to the facts and circumstances surrounding this incident. 11 12 49. Person(s) Most Knowledgeable and/or Custodian of Records and/or Advanced Occupational Health Center 3375 S. Eastern Avenue, Suite 160 Las Vegas, NV 89169 50. Person(s) Most Knowledgeable and/or Custodian of Records and/or Diagnostic Imaging of Southern Nevada 3560 E. Flamingo Road, #100 Las Vegas, Nevada 89121 51. Person(s) Most Knowledgeable and/or Custodian of Records of Las Vegas Radiology 1342 S. Decatur Blvd. Las Vegas, Nevada 89102 52. Person(s) Most Knowledgeable and/or Custodian of Records and/or Hans Jorg Rosler, M.D. Nevada Spine Clinic 8930 W. Sunset Rd., Suite 350 Las Vegas, NV 89148 53. Person(s) Most Knowledgeable and/or 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 19 of 28 28 Custodian of Records of Smoke Ranch Surgical Center 7180 Smoke Ranch Road, Suite 150 Las Vegas, NV 89128 1 2 3 54. Person(s) Most Knowledgeable and/or Custodian of Records of Well Care Pharmacy 3910 S. Maryland Parkway, Suite C Las Vegas, NV 89119 55. Person(s) Most Knowledgeable and/or Custodian of Records of Valley Hospital Medical Center 620 Shadow Lane Las Vegas, NV 89106 56. Person(s) Most Knowledgeable and/or Custodian of Records and/or Stuart Kaplan, M.D. Western Regional Center for Brain and Spine 7140 Smoke Ranch Rd. Las Vegas, NV 89128 57. Person(s) Most Knowledgeable and/or Custodian of Records and/or David M. Ross, M.D. 7140 Smoke Ranch Road Las Vegas, NV 89128 58. Person(s) Most Knowledgeable and/or Custodian of Records and/or Mark Kabins, M.D. Las Vegas Neurosurgery, Orthopaedics and Rehabilitation, LLP 501 S. Rancho Drive, Ste. I-67 Las Vegas, Nevada 89106 59. Person(s) Most Knowledgeable and/or Custodian of Records and/or Joseph T. Course, Ph.D. Vocational Economics, Inc. 3960 Howard Hughes Parkway, Suite 500 Las Vegas, Nevada 89169 60. Person(s) Most Knowledgeable and/or Stuart S. Kaplan, M.D., F.A.C.S. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 20 of 28 28 Western Regional Center for Brain & Spine Surgery of Las Vegas 3601 S. Maryland Parkway, Ste. 200 Las Vegas, Nevada 89109 1 2 3 61. Person(s) Most Knowledgeable and/or Las Vegas Paiute Health & Human Services 1257 Paiute Circle Las Vegas, Nevada 89106 62. Mark Kabins, M.D. Las Vegas Neurosurgery, Orthopaedics and Rehabilitation, LLP 501 S. Rancho Drive, Ste. I-67 Las Vegas, Nevada 89106 4 5 6 7 8 9 Dr. Kabins will testify as to his review of Plaintiff SUSIE MCCABE’s medical records, 10 examination of Plaintiff SUSIE MCCABE, diagnostic studies, opinions regarding Plaintiff SUSIE 11 MCCABE’s past medical care and/or treatment, and his opinions regarding Plaintiff SUSIE 12 MCCABE’s potential need for future care and/or treatment, including the treatment and medical 13 reasonableness of other medical providers. He will also provide opinions regarding the causation of 14 Plaintiff’s injuries and the necessity and reasonableness of Plaintiff SUSIE MCCABE’s past and future 15 medical needs and the expenses of the same. Dr. Kabins will also testify regarding the nature and extent 16 of Plaintiff SUSIE MCCABE’s permanent injuries and the restrictions these permanent injuries place 17 on Plaintiff SUSIE MCCABE’s daily living and as to the cause of Plaintiff SUSIE MCCABE’s surgery. 18 19 20 21 22 23 24 25 26 63. Stuart S. Kaplan, M.D., F.A.C.S. Western Regional Center for Brain & Spine Surgery of Las Vegas 3601 S. Maryland Parkway, Ste. 200 Las Vegas, Nevada 89109 Dr. Kaplan will testify as to his review of Plaintiff SUSIE MCCABE’s medical records, examination of Plaintiff SUSIE MCCABE, diagnostic studies, opinions regarding Plaintiff SUSIE MCCABE’s past medical care and/or treatment, and his opinions regarding Plaintiff SUSIE MCCABE’s potential need for future care and/or treatment, including the treatment and medical reasonableness of other medical providers. He will also provide opinions regarding the causation of 27 Page 21 of 28 28 1 Plaintiff’s injuries and the necessity and reasonableness of Plaintiff SUSIE MCCABE’s past and future 2 medical needs and the expenses of the same. Dr. Kaplan will also testify regarding the nature and 3 extent of Plaintiff SUSIE MCCABE’s permanent injuries and the restrictions these permanent injuries 4 place on Plaintiff SUSIE MCCABE’s daily living and as to the cause of Plaintiff SUSIE MCCABE’s 5 surgery. 6 7 64. 8 Joseph T. Crouse, Ph.D. Vocational Economics, Inc. 3960Howard Hughes Pkwy, Ste. 500 Las Vegas, Nevada 89169 9 10 Mr. Crouse will testify as a retained economic and vocational rehabilitation expert as to his 11 review of Plaintiff SUSIE MCCABE’s medical records, examination of Plaintiff SUSIE MCCABE, 12 diagnostic studies, opinions regarding Plaintiff SUSIE MCCABE’s past medical care and/or treatment, 13 and his opinions regarding Plaintiff SUSIE MCCABE’s potential need for future care and/or treatment, 14 and the cost of that treatment brought to present value. 15 16 17 18 65. Frank A. Perez, Ph.D. Boster, Kobayashi & Associates 59 Rickenbacker Circle P.O. Box 2049 Livermore, California 94551 19 Dr. Perez will testify as a retained human factors expert as to his review of photographs of the 20 subject crane collar, incident reports, and other information pertaining to the subject incident. Dr. Perez 21 is expected testify as to the foreseeability of the subject incident, and the human factors involved in the 22 subject incident. 23 TREATING MEDICAL EXPERTS 24 Plaintiff also designates Plaintiff SUSIE MCCABE’s treating physicians in this case as expert 25 witnesses in this case insofar as they will provide opinion testimony regarding the cause, nature, and 26 extent of Plaintiff SUSIE MCCABE’s injuries, the reasonableness and necessity of medical treatment, 27 Page 22 of 28 28 1 the reasonableness of the cost of Plaintiff SUSIE MCCABE’s treatment, the likelihood for future 2 treatment, if any, and cost of said treatment, and any permanent disability Plaintiff SUSIE MCCABE is 3 likely to suffer as a result of her injuries. Plaintiff SUSIE MCCABE has previously disclosed the 4 names of her treating doctors and their records and reports, and incorporates said production herein by 5 reference, but lists them again as follows: 6 7 8 9 10 66. Hans Jorg Rosler, M.D. Previously with NEVADA SPINE CLINIC 8930 W. Sunset Rd., Suite 350 Las Vegas, NV 89148 Currently at INTERVENTIONAL PAIN & SPINE INSTITUTE 851 S. Rampart Blvd., Suite 100 Las Vegas, NV 89145 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Hans Jorg Rosler, M.D. has rendered medical treatment to Plaintiff for her accident related injuries and will serve as a treating medical expert. He will testify regarding the reasonable and necessity of such care and the charges associated therewith, his clinical findings and diagnostic impressions, his care and treatment, his prognosis regarding Plaintiff’s medical conditions and the limitations Plaintiff’s medical conditions impose upon Plaintiff’s occupational and living activities. In addition, Hans Jorg Rosler, M.D. is expected to give expert opinion testimony regarding the nature, extent and cause of Plaintiff’s injuries; the reasonable future medical care that has been necessitated by the subject accident; the amount, reasonableness and necessity of future medical treatment caused by Plaintiff’s accident related injuries, including lifetime medical surgical, rehabilitative and associated medical expenses; the charges for past and future medical care as being customary for physicians and/or health care providers in the Las Vegas Medical community; the nature, extend and manner in which Plaintiff’s accident related injuries have affected his ability to continue to perform her current occupations and activities of daily living; and the nature extend and manner in which Plaintiff’s accident related injuries have diminished Plaintiff’s work life expectancy and restrict her future daily living activities. 27 Page 23 of 28 28 1 In rendering his expert opinions, Hans Jorg Rosler, M.D. will rely on his findings through 2 diagnosis and treatment of Plaintiff, including his own records and notes and any records from other 3 physicians or diagnostic studies that Hans Jorg Rosler, M.D. may have considered to assist in his 4 diagnosis and/or treatment. Additionally, in order to defend his treatment and/or diagnosis and/or 5 opinions, including those related to causation, Hans Jorg Rosler, M.D. has and/or will review the 6 records of other physicians that have treated Plaintiff for injuries sustained in the subject accident, as 7 well as reports from Defendants’ experts, and other case evidence including deposition testimony. 8 While not required pursuant to the Federal Rules of Civil Procedure, Plaintiff hereby designates 9 his treating physicians in this case as expert witnesses insofar as they will provide opinion testimony 10 regarding the cause, nature and extent of Plaintiff’s injuries, the reasonableness and necessity of his 11 medical treatment, the reasonableness and customary nature of the cost of Plaintiff’s treatment, the 12 likelihood Plaintiff will require future treatment, the cost of any said treatment, and the permanent 13 disability Plaintiff has suffered and will suffer in the future as a result of his injuries sustained as a result 14 of the subject-incident. Plaintiff has previously disclosed the names of his treating doctors and their 15 respective records and reports and incorporates said production herein by reference. 16 Plaintiff hereby incorporate all expert witness lists propounded by the Defendant reserving the 17 right to call on them during his case in chief during the trial of this matter and reserves the right to call 18 rebuttal witnesses to any expert witness called by the Defendant at time of trial. Plaintiff also reserves 19 the right to name any other witness as may be necessary for the purpose of rebuttal and/or 20 impeachment. 21 Plaintiff further reserves the right to name additional witnesses should they become known. 22 23 DEFENDANT’S WITNESSES 24 1. 25 26 SUSIE MCCABE, Plaintiff c/o MORRIS ANDERSON 716 S. Jones Blvd. Las Vegas, Nevada 89107 27 Page 24 of 28 28 1 SUSIE MCCABE is the Plaintiff in this action and is expected to provide testimony as to the 2 facts and circumstances surrounding this incident and the injuries and treatment she received. 3 2. PLAINTIFF SUZY MCCABE (address and telephone number known to Plaintiff) is 4 expected to testify regarding the facts and circumstances surrounding Plaintiff’s alleged 5 6 7 8 9 10 incident on November 4, 2012; 3.Plaintiff’s treatment providers; 4.Plaintiff’s employers 5. JUAN SANCHEZ (c/o Phillips Spallas & Angstadt) is expected to testify regarding the facts and circumstances surrounding Plaintiff’s alleged incident on November 4, 2012; 6. Steven L. Mcintire, M.D., PhD11030 White Rock Road, Suite 110 Rancho Cordova, California 95670 7. Michael H. Reid, Ph.D., M.D. 3090 Barberry Lane Sacramento, CA 95864 8. Person(s) Most Knowledgeable and/or Custodian of Records and/or Advanced Occupational Health Center 3375 S. Eastern Avenue, Suite 160 Las Vegas, NV 89169 9 .Person(s) Most Knowledgeable and/or Custodian of Records and/or Diagnostic Imaging of Southern Nevada 3560 E. Flamingo Road, #100 Las Vegas, Nevada 89121 10. Person(s) Most Knowledgeable and/or Custodian of Records of Las Vegas Radiology 1342 S. Decatur Blvd. Las Vegas, Nevada 89102 11. Person(s) Most Knowledgeable and/or Custodian of Records and/or Hans Jorg Rosler, M.D. Nevada Spine Clinic 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 25 of 28 28 8930 W. Sunset Rd., Suite 350 Las Vegas, NV 89148 1 2 12. Person(s) Most Knowledgeable and/or Custodian of Records of Smoke Ranch Surgical Center 7180 Smoke Ranch Road, Suite 150 Las Vegas, NV 89128 13. Person(s) Most Knowledgeable and/or Custodian of Records of Well Care Pharmacy 3910 S. Maryland Parkway, Suite C Las Vegas, NV 89119 14. Person(s) Most Knowledgeable and/or Custodian of Records of Valley Hospital Medical Center 620 Shadow Lane Las Vegas, NV 89106 15. Person(s) Most Knowledgeable and/or Custodian of Records and/or Stuart Kaplan, M.D. Western Regional Center for Brain and Spine 7140 Smoke Ranch Rd. Las Vegas, NV 89128 16. Person(s) Most Knowledgeable and/or Custodian of Records and/or David M. Ross, M.D. 7140 Smoke Ranch Road Las Vegas, NV 89128 17. Person(s) Most Knowledgeable and/or Custodian of Records and/or Mark Kabins, M.D. Las Vegas Neurosurgery, Orthopaedics and Rehabilitation, LLP 501 S. Rancho Drive, Ste. I-67 Las Vegas, Nevada 89106 18. Person(s) Most Knowledgeable and/or Custodian of Records and/or Joseph T. Course, Ph.D. Vocational Economics, Inc. 3960 Howard Hughes Parkway, Suite 500 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 Page 26 of 28 28 Las Vegas, Nevada 89169 1 2 19. Person(s) Most Knowledgeable and/or Stuart S. Kaplan, M.D., F.A.C.S. Western Regional Center for Brain & Spine Surgery of Las Vegas 3601 S. Maryland Parkway, Ste. 200 Las Vegas, Nevada 89109 20. Person(s) Most Knowledgeable and/or Las Vegas Paiute Health & Human Services 1257 Paiute Circle Las Vegas, Nevada 89106 21. Mark Kabins, M.D. Las Vegas Neurosurgery, Orthopaedics and Rehabilitation, LLP 501 S. Rancho Drive, Ste. I-67 Las Vegas, Nevada 89106 3 4 5 6 7 8 9 10 11 12 13 14 22. disclosures Defendant reserves the right to call at trial any witnesses identified by Plaintiff’s IX. Counsel have met and herewith submit a list of three (3) agreed-upon trial dates: 15 Plaintiff: July 11, 2016, July 18, 2016 16 Defendant: July 11, 2016, July 18, 2016 17 It is expressly understood by the undersigned that the court will set the trial of this matter on 18 one (1) of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the 19 court’s calendar. 20 X. 21 22 It is estimated that the trial herein will take a total of 7-10 days, which includes Voir Dire of 23 the perspective jury. 24 Dated: December 14, 2015 25 26 APPROVED AS TO FORM AND CONTENT: ___/s/ Jacqueline R. Bretell__________ ___/s/ Jennifer A. Taylor_______ Attorney for Plaintiff Attorney for Defendant 27 Page 27 of 28 28 1 XI. 2 ACTION BY THE COURT 3 The Pretrial Order dated 11/20/15 [ECF 51] is VACATED. 4 (a) This case is set down for jury trial on the August 9, 2016, 9:00 a.m. trial stack. The 5 parties must appear for Calendar Call on August 1, 2016, at 1:30 p.m. 6 (b) No later than August 1, 2016, at 1:30 p.m., each party must submit to the Clerk: 7 (1) An original and two copies of its trial brief; 8 (2) An original and two copies of proposed jury instructions and proposed voir dire 9 questions. 10 (c) The deadline for filing MOTIONS IN LIMINE is July 1, 2016. The process for 2015. 11 preparing and filing motions in limine will be governed by the following additional rules and 12 considerations: 13 (1) Before any motion in limine is filed, the parties must meet and confer (by 14 telephone or in person—not merely by email or some other form of writing) about the 15 substance of each contemplated in-limine issue and attempt to reach an agreement on 16 the issue. Evidentiary agreements reached during this process should be 17 memorialized by a written stipulation. If the parties do not reach an agreement on an 18 issue and a motion in limine remains necessary, the motion must be accompanied 19 by a declaration or affidavit certifying that counsel actually conferred in good 20 faith to resolve the issue before the motion was filed (or re-filed). The failure to 21 include the certificate of counsel will result in the automatic denial of the motion 22 without the opportunity to cure this deficiency. 23 (2) Motions in limine must address only true evidentiary issues and not be belated 24 motions for dispositive rulings disguised as a motion in limine. 25 (3) Parties must include all in-limine issues in a SINGLE, omnibus motion 26 that numbers each issue consecutively; no party may file multiple, separate motions. 27 This format eliminates the need for redundant recitations of facts and introductory 28 statements of the law. If the size of the omnibus motion exceeds the page limit in the local rule, see L.R. 7-4, a separate motion to exceed the page limits should be filed 1 contemporaneously with the omnibus motion; the motion to exceed page limits must 2 not be styled as an “emergency.” 3 (4) If it becomes necessary to seek leave to file a reply in support of the motions, 4 see L.R. 16-3(b), each side may file only a single request for leave. The parties 5 should not presume that the court will grant these requests for leave, so proposed 6 orders granting them should not be submitted. 7 (5) The parties are cautioned that vague requests based on speculative issues, like 8 requests to generally preclude improper attorney arguments, violations of the 9 golden rule, or irrelevant evidence will be flatly denied. The court intends to follow 10 the rules of evidence and procedure at trial and expects the parties to do the same. 11 Motions seeking little more than an order enforcing a rule waste the court’s time and 12 the parties’ resources. Counsel is strongly cautioned that abuse of the motion-in- 13 limine vehicle in this manner may result in sanctions against the attorneys. 14 This order will govern the trial of this case and may not be amended except by order of the 15 16 court. Dated this 15th day of December, 2015 17 18 19 20 21 22 23 24 25 26 27 28 _________________________________ ________________________ _ _ _ _ Jennifer A. Dorsey Dorsey rs rsey United States District Judge es District i