Wilkerson et al v. Abrigo, No. 2:2019cv01326 - Document 57 (D. Nev. 2021)
Court Description: ORDER Granting 55 Joint Pretrial Order. Calendar Call set for 9/21/2021 at 08:45 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Jury Trial set for 9/27/2021 at 09:00 AM in LV Courtroom 6C before Judge Andrew P. Gordon. Signed by Judge Andrew P. Gordon on 2/22/2021. (Copies have been distributed pursuant to the NEF - JQC)
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Wilkerson et al v. Abrigo Doc. 57 Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 1 of 20 1 2 3 4 5 Paul D. Powell, Esq. Nevada Bar No. 7488 THE POWELL LAW FIRM 8918 Spanish Ridge Avenue, Suite 100 Las Vegas, Nevada 89148 paul@tplf.com Phone: (702) 728-5500 Facsimile: (702) 728-5501 Attorneys for Plaintiffs 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 CURTIS WILKERSON, individually; and LA TOYA WILLIAMS-WILKERSON, individually, 10 Plaintiffs, 11 12 13 vs. MAIKA ABRIGO, individually, DOES I-X, and ROE CORPORATIONS I-X, inclusive, 14 Defendant. 15 16 ) CASE NO.: 2:19-cv-01326-APG-NJK ) ) ) JOINT PRE-TRIAL ORDER ) ) ) ) ) ) ) After pretrial proceedings in this cause pursuant to Local Rule 16-3, 17 IT IS SO ORDERED: 18 I. 19 STATEMENT OF THE FACTS/CONTENTIONS OF THE PARTIES 20 21 This case arises as a result of a motor vehicle collision. On July 20, 2018, Plaintiffs Curtis 22 Wilkerson and La Toya Williams-Wilkerson alleges that while driving on Sunset road in 23 Henderson, Nevada, they were in a motor vehicle accident with a vehicle operated by Defendant 24 25 Maika Abrigo ("Subject Accident"). As a result of the collision, Plaintiffs Curtis Wilkerson and La Toya Williams-Wilkerson 26 27 28 allegedly sustained injuries and damages as indicated below. /// -1Dockets.Justia.com Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 2 of 20 1 2 Plaintiffs’ Contentions: Plaintiffs contend that on July 20, 2018, Plaintiffs and Defendant were travelling westbound 3 on Sunset Road near Gibson in Las Vegas, Nevada. Plaintiffs were in the number 1 travel lane and 4 5 Defendant Abrigo in the number 2 travel lane. Defendant merged into Plaintiffs’ lane causing the 6 crash. Plaintiff La Toya Williams-Wilkerson was seriously injured in the accident. She ultimately 7 underwent a C4-5 and C5-6 disc replacement surgery in July of 2020, and continues to treat for her 8 injuries. Plaintiff Curtis Wilkerson sustained sprain/strain injuries. Plaintiffs contend that 9 10 Defendant’s negligence was the actual proximate cause of Plaintiffs’ physical injuries. Finally, 11 Plaintiffs contend that Plaintiffs have incurred pecuniary loss, medical expenses, and pain and 12 suffering as a result of the accident, and that La Toya Williams-Wilkerson will continue to accrue 13 pain and suffering, and future medical bills. 14 15 16 Defendant’s Contentions: Defendant contends this is a personal injury action arising from a motor vehicle accident 17 that occurred on July 20, 2018. Defendant contends that Plaintiffs’ vehicle merged into Defendant’s 18 lane and caused the crash. Defendant denies all claims made by Mr. and Mrs. Wilkerson and claims 19 that the accident did not cause either of their respective injuries. As a result, Plaintiffs filed the 20 instant lawsuit wherein they alleges causes of action for Negligence. Defendant seeks the following 21 relief: that Mr. and Mrs. Wilkerson take nothing by way of their complaint. 22 23 II. 24 STATEMENT OF JURISDICTION 25 Plaintiffs Curtis Wilkerson and La Toya Williams-Wilkerson resided in Las Vegas, Nevada 26 27 28 at the time of their collision; and, still resides in Las Vegas, Nevada today. Defendant Abrigo is a resident of Texas. This matter involves a claim for damages in excess of $75,000. Jurisdiction is -2- Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 3 of 20 1 2 therefore based upon diversity of citizenship under 28 U.S.C. § 1332. The parties admit that jurisdiction is proper and admit that venue is proper pursuant to 28 U.S.C. § 1391. 3 4 III. 5 LIST OF CLAIMS FOR RELIEF 6 7 Plaintiffs provided the following causes of action in their Complaint: 1. Negligence 8 IV. 9 LIST OF AFFIRMATIVE DEFENSES LISTED IN DEFENDANT’S ANSWER 10 Defendants raise the following Affirmative Defenses: 11 FIRST AFFIRMATIVE DEFENSE 12 Plaintiff's Complaint on file herein fails to state a claim against Defendant upon which relief 13 14 15 16 17 18 19 can be granted. SECOND AFFIRMATIVE DEFENSE Defendant alleges that the occurrence referred to in Plaintiffs’ Complaint, and all injuries and damages, if any, resulting therefrom, were caused by the acts or omissions of a third party over whom Defendant had no control. THIRD AFFIRMATIVE DEFENSE 20 21 Defendant alleges that the damages, if any suffered by Plaintiffs were cuased in whole or in 22 part or were contributed to by reason of the negligence of the Plaintiffs. 23 FOURTH AFFIRMATIVE DEFENSE 24 25 26 27 28 Plaintiffs failed to mitigate their damages, if any. FIFTH AFFIRMATIVE DEFENSE Pursuant to NRCP 11, all possible affirmative defenses may not have been alleged herein insofar as sufficient facts were not available after reaosnable inquiry upon the filing of Defendant’s -3- Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 4 of 20 1 Answer, and therefore, Defendant reserves the right to amend this Answer to allege additional 2 3 affirmative defenses if additional investiovation so warrants. V. 4 THE FOLLOWING FACTS ARE ADMITTED BY THE PARTIES AND REQUIRE NO PROOF 5 6 1. 7 2. 8 Venue is proper in the United States District Court for the District of Nevada in Las Vegas, Nevada. This lawsuit arises out of a motor vehicle collision that occurred on or about July 20, 2018, in Henderson, Nevada. 9 VI. 10 THE FOLLOWING FACTS, ALTHOUGH NOT ADMITTED, WILL NOT BE CONTESTED AT TRIAL BY EVIDENCE TO THE CONTRARY 11 12 None at this time. 13 VII. 14 15 THE FOLLOWING ARE THE PARTIES’ STATEMENT OF OTHER ISSUES OF FACT TO BE DETERMINED UPON TRIAL 16 17 A. Plaintiff: 18 1. Whether Plaintiffs were injured as a result of negligence on behalf of Defendant Abrigo; 19 2. Whether Plaintiffs’ injuries are the direct and proximate result of Defendant Abrigo’s 20 21 negligence; 3. Whether Plaintiff’s La Toya Williams-Wilkerson’s future medical treatment is a direct 22 23 24 25 26 and proximate cause of the negligence on behalf of Defendant Abrigo; 4. Whether Plaintiffs’ past and future pain and suffering is related to their injuries as a result of negligence on behalf of Defendant Abrigo; 5. Whether Plaintiff La Toya Williams-Wilkerson’s loss of enjoyment of life is as a result 27 of negligence on behalf of Defendant Abrigo; 28 -4- Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 5 of 20 1 B. Defendant: 2 3 4 5 1. Whether Defendant Abrigo was negligent; 2. Whether Plaintiff will be found to have any comparative fault; 3. Whether the medical bills Plaintiffs allege to have suffered as a result of the July 20, 2018 accident are reasonable and customary. 6 4. 7 Whether the medical treatment received by Plaintiffs are related to the subject accident. 8 5. 9 10 Whether the future medical treatment for La Toya Williams-Wilkerson is related to the subject accident. 11 6. Whether the subhect accident caused any of the injuries suatained by Plaintiffs. 12 VIII. 13 THE FOLLOWING ARE THE CONTESTED ISSUES OF LAW TO BE DETERMINED UPON TRIAL 14 15 A. Plaintiff: 16 1. 2. 17 Negligence The issues of law raised by the parties’ anticipated motions in limine 18 B. Defendant: 19 20 21 22 23 1. 2. 3. The issues of law raised by the parties’ anticipated motions in limine; Whether Defendant was negligent; and Whether Plaintiff can prove the necessary elements for her two causes of action. IX. EXHIBITS 24 25 The following exhibits are stipulated by the parties to be admitted into evidence at trial 26 wihtout objection, and to be used at trial from the time of opening statement and forward: 27 Plaintiff’s Exhibits 1-43, and 48-57; Defendants Exhibits 1-8. The admission of Plaintiffs’exhibits 28 -5- Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 6 of 20 1 2 into evidence in no way precludes Defendant from contesting the reasonableness and necessity of Plaintiffs’ medical records and bills. 3 (1) Plaintiffs’ exhibits: 4 MEDICAL AND/OR BILLING RECORDS – CURTIS WILKERSON 5 6 1. Summary of Charges for Curtis Wilkerson (EX1-001) 7 2. Department of Veterans Affairs records (EX2-001 – 019) 3. Align Med records (EX3-001 – 077) 4. Advanced Orthopedics and Sports Medicine records (EX4-001 – 009) 11 5. Select Physical Therapy records (EX5-001 – 073) 12 6. Billing from Department of Veterans Affairs (EX6-001) 13 7. Billing from Align Med (EX7-001 – 006) 8. Billing from Advanced Orthopedics and Sports Medicine (EX8-001 – 002) 9. Billing from Select Physical Therapy (EX9-001 – 002) 8 9 10 14 15 16 MEDICAL AND/OR BILLING RECORDS – LATOYA WILLIAMS 17 18 10. Summary of Charges for La Toya Wilkerson (EX10-001) 11. University Medical Center (EX11-001 – 012) 12. Align Med (EX12-001 – 090) 22 13. Interventional Pain and Spine Institute (EX13-001 – 040) 23 14. Surgical Arts Center (EX14-001 – 009) 24 15. Advanced Orthopedics & Sports Medicine (EX15-001 – 020) 16. Las Vegas Radiology (EX16-001 – 006) 17. Ten (10) Fluoroscopic images taken at Surgical Arts Center (EX17-001 – 011) 18. Las Vegas Neurosurgical Institute (EX18-001 -- 053) 19 20 21 25 26 27 28 -6- Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 7 of 20 1 19. Pueblo Medical Imaging (EX19-001 – 008) 20. First Physical Therapy (EX20-001 – 306) 21. Monitoring Associates (EX21-001 – 003) 22. Neuromonitoring Associates (EX22-001 – 028) 6 23. Valley Hospital Medical Center (EX23-001 – 466) 7 24. Billing from University Medical Center (EX24-001 – 002) 25. Billing from Align Med (EX25-001 – 009) 26. Billing from Interventional Pain and Spine Institute (EX26-001 – 002) 11 27. Walgreens Pharmacy (EX27-001 – 003) 12 28. Billing from Surgical Arts Center (EX28-001 – 004) 13 29. Billing from Advanced Orthopedics & Sports Medicine (EX29-001 – 003) 30. Billing from Las Vegas Radiology (EX30-001) 31. Billing from Las Vegas Neurosurgical Institute (EX31-001 – 002) 17 32. Billing from Pueblo Medical Imaging (EX32-001 – 007) 18 33. Billing from First Physical Therapy (EX33-001 – 005) 34. Billing from Monitoring Associates (EX34-001 – 002) 35. Billing from Neuromonitoring Associates (EX35-001 – 002) 22 36. Billing from Surgical Anesthesia Services (EX36-001 – 002) 23 37. Billing from Valley Hospital Medical Center (EX37-001 – 009) 2 3 4 5 8 9 10 14 15 16 19 20 21 24 25 OTHER 38. Two (2) color photographs taken at the scene of the crash (EX38-001 – 002) 39. Color photos of Defendant’s and Plaintiffs’ car produced in their Early Case 26 27 28 Conference documents (EX39-001 – 007) -7- Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 8 of 20 1 40. 2 Plaintiff’s Answers to Defendant’s First Set of Interrogatories to Plaintiff Curtis Wilkerson (EX40-001 – 011) 3 41. Plaintiff’s Supplemental Answers to Defendant’s First Set of Interrogatories to 4 Plaintiff Curtis Wilkerson (EX41-001 – 016) 5 6 42. 7 8 Plaintiff’s Answeres to Defendant’s First Set of Interrogatories to Plaintiff La Toya Williams (EX42-001 – 013) 43. Plaintiff’s Supplemental Answers to Defendant’s First Set of Interrogatories to 9 Plaintiff La Toya Williams-Wilkerson (EX43-001 – 020) 10 11 44. Defendant’s car repair estimate (EX44-001 – 010) 12 45. Plaintiff’s car repair estimate supplement 1 and 2 (EX45-001 – 029) 13 46. Documents produced by City of Henderson Police Department responsive to 14 Subpoena Duces Tecum (EX46-001 – 012) 15 16 47. Subpoena Duces Tecum 17 18 911 audio produced by City of Henderson Police Department responsive to 48. West Valley Imaging (EX48-001 – 004) 49. UMC Quick Care (EX49-001 – 067) 50. Las Vegas Neurosurgery Asscociates (EX50-001 – 004) 22 51. Las Vegas Neurology Center (EX51-001 – 025) 23 52. Sunset Clinic (EX52-001 – 054) 24 53. Valley Hospital (EX53-001 – 112) 54. CareNow Urgent Care (EX54-001 – 005) 55. Tim Soder Physical Therapy (EX55-001 -080) 56. Centennial Hills Hospital (EX56-001 – 1227) 19 20 21 25 26 27 28 -8- Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 9 of 20 1 57. Womens Health Associates of Southern Nevada (EX57-001 – 049) 2 DEMONSTRATIVE EXHIBITS 3 4 5 6 7 Plaintiffs may offer, at trial, certain Exhibits for demonstrative purposes including, but not limited to the following: 1. Demonstratives (including films such as X-rays, MRI, and C-scan), and charts relating to Plaintiffs’ damage claims; 8 2. Story board and computer digitized power point images and animations; 9 3. Blow-ups/transparencies/digitized images of various records; 10 4. Plaintiffs reserve the right to offer into evidence any exhibit timely and properly 11 12 13 14 disclosed during discovery for the purpose of demonstration at trial. Additionally, Plaintiffs reserve the right to offer into evidence any exhibit offered by any other parties to this action. Plaintiffs reserves the right to offer into evidence any exhibit timely and properly disclosed during discovery for the purpose of impeachment. 15 Plaintiffs will submit electronic evidence to the jury for utilization in the jury room during 16 17 18 19 20 21 22 23 their deliberations. Plaintiffs reserves the right to utilize and/or seek to publish and/or admit into evidence all deposition testimony, all affidavits filed or attached to any motion or pleading in this case, and all responses to discovery from any party in this case for purposes of impeachment. Plaintiff reserves the right to offer into evidence any exhibit timely and properly disclosed during discovery for the purposes of rebuttal. Plaintiff reserves the right to offer into evidence any exhibit offered by any other parties to 24 this action. 25 (2) Defendants’ exhibits: 26 1. Tim Soder Physical Therapy records (ABRIGO001190-1277) 27 2. Valley Hospital Medical Center records (ABRIGO001280-1402) 28 3. Sunset Clinic Records (ABRIGO001403-1462) -9- Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 10 of 20 1 4. UMC records (ABRIGO001463-1474, 1512-1526, 1545-1578) 2 5. Las Vegas Neurology Center treatment of Mrs. Williams-Wilkerson records 3 (ABRIGO001579-1604) 4 6. West Valley Imaging records (WESTVALLEY000001-000005) 5 7. Las Vegas Neurology Associates, P.C. records (LVNA00001-000005) 6 8. Pueblo Medical Imaging records (ABRIGO001605) 7 8 9 Defendants may offer, at trial, certain Exhibits for demonstrative purposes including, but not limited to the following: 10 1. Demonstrative and charts relating to Plaintiff's damage claims; 11 2. Story board and computer digitized power point images; 12 3. Blow-ups/transparencies/digitized images of various records 13 4. Defendants reserve the right to offer into evidence any exhibit timely and properly 14 15 16 17 disclosed during discovery for the purpose of demonstration at trial. Additionally, Defendants reserve the right to offer into evidence any exhibit offered by any other parties to this action. Defendants reserve the right to offer into evidence any exhibit timely and properly disclosed during discovery for the purpose of impeachment. 18 Defendants will submit electronic evidence to the jury for utilization in the jury room during 19 20 21 22 23 24 25 26 27 their deliberations. Defendants reserve the right to utilize and/or seek to publish and/or admit into evidence all deposition testimony, all affidavits filed or attached to any motion or pleading in this case, and all responses to discovery from any party in this case for purposes of impeachment. Defendants reserve the right to offer into evidence any exhibit timely and properly disclosed during discovery for the purposes of rebuttal. Defendants reserve the right to offer into evidence any exhibit offered by any other parties to this action. 28 - 10 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 11 of 20 1 2 The following documents may be marked as exhibits, but shall not be admissible in evidence at this time: 3 Plaintiffs’ Exhibits 44-47. 4 5 6 7 8 As to the following exhibits, the party against whom the same will be offered objects to their admission upon the grounds stated: The parties reserve the right to object to exhibits not otherwise admitted previously into evidence through this pretrial order, or otherwise stipulated to. The parties have agreed to reserve 9 10 any such objections until the time of trial. 11 Further, with the exception of exhibits to be used solely for impeachment, the parties agree 12 that each evening by 8:00 p.m. they will exchange the exhibits that they plan to use the following 13 day so that any exhibit disputes/objections can be addressed by the Court each morning before trial 14 resumes. In addition, the parties will identify each witness that they intend to call at trial not less 15 16 than 48 hours prior to calling each witness to testify. 17 (1) 18 Defendant objects to Plaintiffs’ exhibits 44-47 that the documents violates the collateral 19 Objections as to Plaintiffs’ exhibits: source rule, hearsay rule, or best evidence rule; lacks foundation, not calculated to lead to 20 21 admissible evidence at trial. 22 (2) 23 None 24 Depositions: 25 Objections as to Defendant’s exhibits: Plaintiffs: Plaintiffs intends to offer live testimony of designated witnesses at trial. In the 26 27 event that Plaintiffs are unable to call a witness and must offer deposition testimony in lieu of live 28 - 11 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 12 of 20 1 2 testimony, Plaintiffs reserves the right to supplement this Pre-Trial Order to designate deposition testimony to be used at trial. 3 Defendant: Defendant intends to offer live testimony of designated witnesses at trial. In the 4 5 event that Defendants are unable to call a witness and must offer deposition testimony in lieu of live 6 testimony, Defendant reserves the right to supplement this Pre-Trial Order to designate deposition 7 testimony to be used at trial. 8 Deposition Designations: The parties agree to provide page and line designations of 9 10 11 witnesses’ depositions that will be played or read in at trial no later than 30 days prior to the trial date. Objections and counter-designations will be due 7 days following the initial designations. 12 X. 13 WITNESSES 14 The following witnesses may be called upon by the parties at trial: 15 16 17 (a) Plaintiffs’ witnesses: 1. 18 19 20 CURTIS WILKERSON (Will testify at trial) c/o Paul D. Powell, Esq. The Powell Law Firm 8918 Spanish Ridge Avenue, Suite 100 Las Vegas, Nevada 89148 CURTIS WILKERSON is the Plaintiff in this action and is expected to testify as to his 21 knowledge of the facts and circumstances surrounding the crash that occurred on July 20, 2018, his 22 23 24 25 26 27 injuries and treatment and other matters pertinent hereto. 2. LA TOYA WILLIAMS-WILKERSON (Will testify at trial) c/o Paul D. Powell, Esq. The Powell Law Firm 8918 Spanish Ridge Avenue, Suite 100 Las Vegas, Nevada 89148 LATOYA WILLIAMS-WILKERSON is the Plaintiff in this action and is expected to testify 28 as to her knowledge of the facts and circumstances surrounding the crash that occurred on July 20, - 12 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 13 of 20 1 2018, her injuries and treatment and other matters pertinent hereto. 2 3. 3 4 5 6 MAIKA ABRIGO (Will testify at trial) c/o James P. C. Silvestri, Esq. Steven Goldstein, Esq. PYATT SILVESTRI 701 Bridger Avenue, Suite 600 Las Vegas, Nevada 89101 MAIKA ABRIGO is a Defendant in this action and is expected to testify as to his 7 8 knowledge of the facts and circumstances surrounding the crash that occurred on July 20, 2018. 4. 9 10 11 12 13 14 Officer Justin Chronister, ID #2169 (Will testify at trial) Person Most Knowledgeable and/or Custodian of Records c/o Henderson Police Department 223 Lead Street Henderson, Nevada 89015 Officer Chronister, the Person Most Knowledgeable and/or the Custodian of Records of Henderson Police Department are expected to testify as to their knowledge of the facts and 15 16 17 18 circumstances surrounding the crash that occurred on July 20, 2018, and any other matters pertinent hereto. 5. 19 20 Kierra Harvey (Will testify at trial) 1421 Groom Avenue North Las Vegas, Nevada 89081 (234) 788-2044 21 Kierra Harvey is Plaintiff Curtis Wilkerson’s niece and is expected to testify as to her 22 knowledge of the facts and circumstnaces surrounding the crash that occurred on July 20, 2018, 23 how the crash has affected Plaintiff’s and any other matters pertinent hereto. 24 25 26 6. Charlton Mathaews (Will testify at trial) 5855 Valley Drive, Unit 1021, Buidling 7 North Las Vegas, Nevada 89031 (702) 273-0486 27 28 Charlton Mathaews is Plaintiff Curtis Wilkerson’s acquintance and is expected to testify as - 13 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 14 of 20 1 2 to his knowledge of the facts and circumstnaces surrounding the crash that occurred on July 20, 2018, how the crash has affected Plaintiff’s and any other matters pertinent hereto. 3 7. 4 5 Ram Adams (Will testify at trial) (702) 349-2846 Ram Adams is Plaintiff Curtis Wilkerson’s acquintance and is expected to testify as to his 6 7 8 9 knowledge of the facts and circumstnaces surrounding the crash that occurred on July 20, 2018, how the crash has affected Plaintiff’s and any other matters pertinent hereto. 8. 10 11 Kathleen McManaman (Will testify at trial) 608 Overland Drive Henderson, Nevada 89002 (702) 810-1343 12 Kathleen McManaman is Plaintiff La Toya Williams-Wilkerson’s coworker and is expected 13 to testify as to her knowledge of the facts and circumstnaces surrounding the crash that occurred on 14 July 20, 2018, how the crash has affected Plaintiff’s and any other matters pertinent hereto. 15 16 9. 17 Alison Cawley (Will testify at trial) 2055 West Charleston Boulevard, Suite C Las Vegas, Nevada 89102 (702) 592-6183 18 19 Alison Cawley is Plaintiff La Toya Williams-Wilkerson’s coworker and is expected to 20 testify as to her knowledge of the facts and circumstnaces surrounding the crash that occurred on 21 July 20, 2018, how the crash has affected Plaintiff’s and any other matters pertinent hereto. 22 23 24 25 10. Zachary Williams (Will testify at trial) 9000 South Las Vegas Boulevard, Unit 2246 Las Vegas, Nevada 89123 (313) 613-0456 Zachary Williams is Plaintiff La Toya Williams-Wilkerson’s brother and is expected to 26 27 28 testify as to his knowledge of the facts and circumstnaces surrounding the crash that occurred on July 20, 2018, how the crash has affected Plaintiff’s and any other matters pertinent hereto. - 14 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 15 of 20 1 11. Jacob Fisk, D.C. Chris Kim, D.C. Michael DiGregorio, D.C. Keith Lewis, M.D. Person Most Knowledgeable and/or Custodian of Records Align Med 6945 Aliante Parkway, Suite 103 North Las Vegas, Nevada 89084 12. Nick Liu, D.O. Thomas O’Brien, Pa-C. Person Most Knowledgeable and/or Custodian of Records Advanced Orthopedics & Sports Medicine 7195 Advanced Way Las Vegas, Nevada 89113 13. Nancy DeViese, PT Joshua Castro, PTA Tyler Calvert, PT Joel Gersh, PTA Janet Lamoree, PTA Person Most Knowledgeable and/or Custodian of Records Select Physical Therapy 4080 North Martin Luther King Boulevard, Suite 101A North Las Vegas, Nevada 89032 14. Miguel Sepulveda, M.D. Person Most Knowledgeable and/or Custodian of Records UMC Quick Care 4231 North Rancho Drive Las Vegas, Nevada 89130 15. Jorg Rosler, M.D. (Will testify at trial) Andrew Hall, M.D. Faisel Zaman, M.D. Ray Troche, Pa-C. Marcelo Gomez, Pa-C. Person Most Knowledgeable and/or Custodian of Records Interventional Pain and Spine Institute 851 Rampart Boulevard, Suite 100 Las Vegas, Nevada 89145 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 15 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 16 of 20 1 2 16. Andrew Hall, M.D. Person Most Knowledgeable and/or Custodian of Records Surgical Arts Center 9499 West Charleston Boulevard, Suite 250 Las Vegas, Nevada 89117 17. Bhuvana Kittusamy, M.D. Person Most Knowledgeable and/or Custodian of Records Las Vegas Radiology 7500 Smoke Ranch Road, Suite 100 Las Vegas, Nevada 89128 18. Jason E. Garber, M.D. (Will testify at trial) Person Most Knowledgeable and/or Custodian of Records Las Vegas Neurosurgical Institute 3012 South Durango Drive Las Vegas, Nevada 89117 19. Person Most Knowledgeable and/or Custodian of Records Walgreens PO Box 4039, MS #735 Danville, Illinois 61834 20. Douglas Sides, M.D. Joel Lin, D.O. Michael Eisenberg, M.D. Person Most Knowledgeable and/or Custodian of Records Pueblo Medical Imaging 8551 West Lake Mead Boulevard, Suite 150 Las Vegas, Nevada 89128 21. Nicole Hoffman, M.P.T. Maureen Bauto, P.T.A. Joseph Scorza, P.T.A. Julian Penaranda, M.P.T. Person Most Knowledgeable and/or Custodian of Records First Physical Therapy 1321 South Rainbow Boulevard, Suite 102 Las Vegas, Nevada 89146 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 - 16 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 17 of 20 1 2 22. Sheree McLafferty, B.S., CNIM Morton I. Hyson, M.D. Peter Volk, M.D. Person Most Knowledgeable and/or Custodian of Records Monitoring Associates P.O. Box 29650 Phoenix, Arizona 85038 23. Morton L. Hyson, M.D. Sheree McLafferty, B.S., CNIM Peter Volk, M.D. Person Most Knowledgeable and/or Custodian of Records Neuromonitoring Associates P.O. Box 29650 Phoenix, Arizona 85038 24. Peter F. Volk, M.D. Person Most Knowledgeable and/or Custodian of Records Surgical Anesthesia Services 8440 West Lake Mead Boulevard, Suite 202 Las Vegas, Nevada 89128 25. Jason E. Garber, M.D. (Will testify at trial) Carlos Emanuel, M.D. Brian Lee, M.D. Sheikh Saghir, M.D. Person Most Knowledgeable and/or Custodian of Records Valley Hospital Medical Center 620 Shadow Lane Las Vegas, Nevada 89106 26. Kimberly C. Stephenson, N.P. Jennifer R. Felix, R.N, B.S.N. Person Most Knowledgeable and/or Custodian of Records Department of Veteran Affairs VA Southern Nevada Healthcare System 6900 North Pecos Road North Las Vegas, Nevada 89086 27. David Oliveri, M.D. (Will testify at trial) 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 - 17 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 18 of 20 1 851 S. Rampart Boulevard, Suite 115 Las Vegas, Nevada 89145 2 3 (b) Defendant’s witnesses 4 1. Defendant Maika Abrigo c/o PYATT SILVESTRI 701 Bridger, Suite 600 Las Vegas, Nevada 89101 2. Brett O’Toole, M.S. 14841 N. 4th Place, Phoenix, Arizona 85032 3. David E. Fish, M.D., M.P.H. 1350 Davies Drive Beverly Hills, California 90210 4. Jeffrey Wang, M.D., 1450 San Pablo Street, #5400 Los Angeles, California 90033 5. Paul Janda, D.O. 2010 Wellness Way, Ste 306 Las Vegas, NV 89106 6. 18 Keith Blum, D.O 7271 W. Sahara Ave, #100 Las Vegas NV 89117 19 Defendant has not as of yet issued or served subpoenas on any witnesses. When and if that 20 determination is made, notice will be given immediately and supplied to the Court and to Plaintiffs. 21 Defendant has listed the witnesses whom they expect to call at trial. When and if the determination 22 is made that additional witnesses may need to be called to testify, notice will be given immediately 5 6 7 8 9 10 11 12 13 14 15 16 17 23 and supplied to the Court and to Plaintiff. 24 25 26 The parties reserve the right to object or otherwise contest the admissibility of witnesses and/or exhibits. /// 27 28 /// /// - 18 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 19 of 20 1 XII. 2 TRIAL DATE 3 4 5 Counsel have met and herewith submit three (3) agreed-upon trial dates: 1. September 20, 2021 2. September 27, 2021 8 3, October 4, 2021 9 It is expressly understood by the undersigned that the court will set the trial of this matter on 10 one of the agreed upon dates, if possible; if not, the trial will be set at the convenience of the Court’s 6 7 11 calendar. 12 XIII. 13 TIME FOR TRIAL 14 15 It is estimated that the trial herein will take a total of 7-10 full judicial days. 16 17 DATED this 19th day of February 2021. DATED this 19th day of February 2021. The Powell Law Firm Pyatt Silvestri /s/Paul D. Powell Paul D. Powell, Esq. Nevada Bar No. 7488 Jared D. Powell, Esq. Nevada Bar No. 15086 Ryan T. O'Malley Nevada Bar No. 12461 Thomas W. Stewart Nevada Bar No. 14280 8918 Spanish Ridge Las Vegas, Nevada 89148 Attorneys for Plaintiffs /s/James Silvestri James P.C. Silvestri, Esq. Nevada Bar No. 3603 Steven M. Goldstein, Esq. Nevada Bar No. 6318 Attorneys for Defendant 18 19 20 21 22 23 24 25 26 27 28 - 19 - Case 2:19-cv-01326-APG-NJK Document 57 Filed 02/22/21 Page 20 of 20 1 XI. 2 ACTION BY THE COURT 3 4 This case is set for jury trial on the stacked calendar on September 27, 2021, at 9:00 a.m. Calendar call 5 will be held on September 21, 2021, at 8:45 a.m. in LV Courtroom 6C. 6 7 8 This pretrial order has been approved by the parties to this action as evidenced by their signatures or the 9 signatures of their attorneys hereon, and the order is hereby entered and will govern the trial of this 10 case. This order may not be amended except by court order and based upon the parties’ agreement or to 11 prevent manifest injustice. 12 13 14 15 16 IT IS SO ORDERED: February 22, 2021 Dated:__________________ ________________________ ANDREW P. GORDON UNITED STATES DISTRICT JUDGE 17 18 19 20 21 22 23 24 NOTICE: Due to the unusually large number of complex criminal cases set for lengthy trials before this Court, civil trials may possibly be held in a trailing status for months or be assigned to another District Court Judge for trial. Therefore, the Court strongly urges the parties to consider their option to proceed before a Magistrate Judge pursuant to Local Rule IB 2-2, in accordance with 28 USC Section 636 and FRCP 73. 25 26 27 The Clerk shall provide the parties with a link to AO 85 Notice of Availability, Consent and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge form on the Courts website. 28 - 20 -
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