3RD DISTRICT COURT - SALT LAKE SALT LAKE …fjcadr.com/uploads/3/5/2/0/35203263/casesearchservlet.… · · 2017-11-17Plaintiff - CHERYL SPRAGUE ... Answers to Defendants First

3RD DISTRICT COURT - SALT LAKE

SALT LAKE COUNTY, STATE OF UTAH

CHERYL SPRAGUE vs. IHC HEALTH SERVICES INC DBA LD

CASE NUMBER 140908104 Malpractice

________________________________________________________________________________

CURRENT ASSIGNED JUDGE

BARRY LAWRENCE

PARTIES

Plaintiff - CHERYL SPRAGUE

Represented by: NORMAN J YOUNKER

Represented by: ASHTON J HYDE

Represented by: JOHN M MACFARLANE

Defendant - IHC HEALTH SERVICES INC DBA LD - DISMISSED

Represented by: JULIA M HOUSER

Defendant - AVALON CARE CENTER- BOUNTIFUL

Represented by: CATHERINE M LARSON

Represented by: KATHLEEN J ABKE

Defendant - SCOTT SOUTHWORTH

Represented by: GEORGE T NAEGLE

Represented by: BRANDON B HOBBS

Represented by: CORTNEY KOCHEVAR

Defendant - SCOTT E SOUTHWORTH MD - DISMISSED

Represented by: GEORGE T NAEGLE

Represented by: BRANDON B HOBBS

Represented by: CORTNEY KOCHEVAR

ACCOUNT SUMMARY

TOTAL REVENUE Amount Due: 1,116.75

Amount Paid: 1,116.75

Credit: 0.00

Balance: 0.00

REVENUE DETAIL - TYPE: COMPLAINT - NO AMT S

Amount Due: 360.00

Amount Paid: 360.00

Amount Credit: 0.00

Balance: 0.00

REVENUE DETAIL - TYPE: JURY DEMAND - CIVIL

Amount Due: 250.00

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Amount Paid: 250.00

Amount Credit: 0.00

Balance: 0.00

REVENUE DETAIL - TYPE: COPY FEE

Amount Due: 6.75

Amount Paid: 6.75

Amount Credit: 0.00

Balance: 0.00


Amount Due: 250.00

Amount Paid: 250.00

Amount Credit: 0.00

Balance: 0.00


Amount Due: 250.00

Amount Paid: 250.00

Amount Credit: 0.00

Balance: 0.00

PROCEEDINGS

11-26-14 Filed: Complaint and Jury Demand

11-26-14 Case filed

11-26-14 Fee Account created Total Due: 360.00


11-26-14 COMPLAINT - NO AMT S Payment Received: 360.00

11-26-14 Judge L A DEVER assigned.

11-26-14 JURY DEMAND - CIVIL Payment Received: 250.00

11-26-14 Filed: Return of Electronic Notification

02-02-15 Filed return: Acceptance of Service upon CATHERINE M. LARSON

for

Party Served: AVALON CARE CENTER- BOUNTIFUL

Service Type: Mail

Service Date: January 30, 2015

02-02-15 Filed return: Acceptance of Service upon JULIA HOUSER for

Party Served: IHC HEALTH SERVICES INC DBA LD

Service Type: Publication

Service Date: January 30, 2015



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02-05-15 COPY FEE Payment Received: 6.75

02-13-15 Judge BARRY LAWRENCE assigned.

02-19-15 Filed: Answer and Jury Demand of Defendant Avalon Care Center -

Bountiful 350 South dba North Canyon Care Center

AVALON CARE CENTER- BOUNTIFUL

02-19-15 Note: Certificate of Readiness for Trial due 03/03/2016



02-19-15 Filed: NOTICE OF EVENT DUE DATES


02-24-15 Filed: Answer and Jury Demand of IHC Health Services, INC. dba

LDS Hospital

IHC HEALTH SERVICES INC DBA LD


03-06-15 Filed: Certificate of Service of Plaintiffs Initial Disclosures


03-17-15 Filed: Notice of Intent to Request Protected Health Information


03-23-15 Filed: Stipulated Motion to Extend Discovery Deadlines

03-23-15 Filed: Ex Parte Order (Proposed) Order extending discovery

deadlines


03-23-15 Filed order: Ex Parte Order Order extending discovery deadlines

Judge BARRY LAWRENCE

Signed March 23, 2015


03-30-15 Filed: Notice of Records Deposition


04-02-15 Filed: Certificate of Service to Defendant Avalon Care Center

dba North Canyon Care Centers Initial Disclosures


04-02-15 Filed: Certificate of Service to Defendants First Set of

Interrogatories and Requests for Production of Documents to

Plaintiffs


04-02-15 Filed: Certificate of Service for IHC Health Services, Inc. dba

LDS Hospitals Initial Disclosures

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04-08-15 Filed: Notice of Deposition of Cheryl Sprague


05-06-15 Filed: Certificate of Service of Plaintiffs Answers to

Defendants First Set of Interrogatories and Requests for

Production


05-06-15 Filed: Amended Certificate of Service of Plaintiffs Answers to

Defendants First Set of Interrogatories and Requests for

Production of Documents


05-11-15 Filed: Motion to Amend Complaint

Filed by: SPRAGUE, CHERYL

05-11-15 Filed: Order (Proposed) Granting Motion and Stipulation to

Amend Complaint


05-12-15 Filed order: Order Granting Motion and Stipulation to Amend

Complaint


Signed May 12, 2015

05-12-15 Note: The Court has modified the Order.


05-13-15 Filed: Certificate of Service to Supplemental Initial

Disclosures of Defendant Avalon Care Center dba North Canyon

Care Center


05-13-15 Filed: Amended Complaint and Jury Demand


05-29-15 Filed: Letter from CT Corporation Systems (for additional

information)

05-29-15 Note: CT Corporation Systems letter now forwarded to Attorney

Houser.

06-04-15 Filed: Answer to Amended Complaint and Jury Demand of IHC

Health Services, INC. dba LDS Hospital

IHC HEALTH SERVICES INC DBA LD




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06-04-15 Filed: ANSWER TO AMENDED COMPLAINT AND JOINDER IN JURY DEMAND

SCOTT SOUTHWORTH

SCOTT E SOUTHWORTH MD


06-04-15 Filed: Answer to Plaintiffs Amended Complaint and Jury Demand

AVALON CARE CENTER- BOUNTIFUL


06-11-15 Filed: Appearance of Counsel/Notice of Limited Appearance

Notice of Appearance of Counsel


07-02-15 Filed: Notice of Intent to Obtain Protected Medical Information


07-14-15 Filed: Notice of Deposition of Scott Southworth, MD


07-14-15 Filed: Notice of Deposition of Cressa Farnsworth, RN


07-14-15 Filed: Notice of Depositions of Kimberly Burgueno, RN and

Richard Fonoti, RN


07-23-15 Filed: Certificate of Service of Plaintiffs First Set of

Production of Documents to Defendants




07-30-15 Filed: Certificate of Service of Defendant Avalon Care Center

dba North Canyon Care Centers Responses to Plaintiffs First Set

of Production of Documents


08-07-15 Filed: Notice of Deposition of Morley Sprague

08-07-15 Filed: Notice of Deposition of Virginia Sprague

08-07-15 Filed: Notice of Deposition of Ashton Sprague

08-07-15 Filed: Notice of Deposition of Steven Willoughby


08-10-15 Filed: Certificate of Service for DEF IHC Health Services, Inc.

dba LDS Hospitals Response to PL First Set of Production of

Documents


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08-12-15 Filed: Notice of Deposition of Kathleen Syzmanski




09-03-15 Filed: Stipulation and Motion to Dismiss with Prejudice and

without Allocation of Fault

09-03-15 Filed: Order (Proposed) Order Dismissing LDS Hospital with

Prejudice and without Allocation of Fault


09-08-15 Filed order: Order Dismissing LDS Hospital with Prejudice and

without Allocation of Fault


Signed September 08, 2015


09-09-15 Dismissed party - IHC HEALTH SERVICES IN



09-16-15 Filed: Notice of Deposition of Liane Emmett, RN


09-22-15 Filed: Notice of Video-Conference Deposition of Vanessa Stubbs,

RN


09-28-15 Filed: NOTICE OF TAKING DEPOSITION (Stephen Morrell, MD)


09-28-15 Filed: NOTICE OF TAKING DEPOSITION (Mary Parsons, MD)




10-09-15 Filed: Plaintiffs Second Set of Requests for Production of

Documents to Defendant North Canyon


10-12-15 Filed: Notice of Deposition of Myung Lee, MD


10-12-15 Filed: Notice of Deposition of Cindi MacDonald, CNA


10-21-15 Filed: Notice of Records Depositions


10-23-15 Filed: Certificate of Service of Plaintiffs First Supplemental

Answers to Defendants First Set of Interogatories and Requests

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for Production


10-28-15 Filed: Notice of Deposition of Heather Moeges, RN


10-28-15 Filed: Notice of Deposition of Patt Wiltfang, RN


11-02-15 Filed: Notice of Deposition of John Martinez, MD


11-02-15 Filed: NOTICE OF TAKING DEPOSITION (Mary H. Parsons, MD)


11-04-15 Filed: SECOND AMENDED NOTICE OF TAKING DEPOSITION (Mary H.

Parsons, MD)


11-05-15 Filed: Notice of Cancellation of Deposition of John Martinez,

MD


11-12-15 Filed: Certificate of Service to Defendant Avalon Care Center

dba North Canyon Care Centers Responses to Plaintiffs Second

Set of Production of Documents


12-15-15 Filed: Notice of Deposition of Talleatha Silversmith


01-27-16 Filed: Notice of Deposition of Chakravarthy Reddy, MD




02-02-16 Filed: Notice of Substitution and Request for Notice


02-12-16 Filed: Substitution of Counsel Notice of Substitution and

Request for Notice


02-18-16 Filed: NOTICE OF TAKING DEPOSITION (John Martinez, MD)


02-19-16 Filed: Motion and Stipulation to Extend Discovery Deadlines

Filed by: AVALON CARE CENTER- BOUNTIFUL,

02-19-16 Filed: Order (Proposed) Second Order Extending Discovery

Deadlines


02-22-16 Filed order: Order Second Order Extending Discovery Deadlines

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________________________________________________________________________________


Signed February 22, 2016


03-31-16 Filed: Certificate of Service of Plaintiffs Designation of

Witnesses and Exhibits


04-07-16 Filed: Defendants Election of Reports and Deposition of

Plaintiffs Experts


04-08-16 Filed: ELECTION TO TAKE DEPOSITION OF JEFFREY KAGAN, MD


05-23-16 Filed: NOTICE OF TAKING DEPOSITION (Jeffrey Kagan, MD)


06-03-16 Filed: Certificate of Service

06-03-16 Filed: Certificate of Service






07-01-16 Filed: Motion Third Stipulated Motion to Extend Discovery

Deadlines


07-01-16 Filed: Order (Proposed) Third Order Extending Discovery

Deadlines


07-05-16 Filed order: Order Third Order Extending Discovery Deadlines


Signed July 05, 2016

07-05-16 Note: The Court modified the Order. No further discovery

extensions will be permitted unless good cause can be

shown at an in-court scheduling conference.






08-23-16 Filed: Certificate of Service of Plaintiffs Amended Designation

of Witnesses and Exhibits

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08-31-16 Filed: Defendant Avalon Care Centers Statement of Discovery

Issues RE Plaintiffs Designation of Steven Day, PhD

08-31-16 Filed: Order (Proposed) Granting Defendant Avalon Care Centers

Statement of Discovery Issues RE Plaintiffs Designation of

Steven Day, PhD


09-01-16 Filed: CERTIFICATE OF SERVICE (Df Scott E. Southworth, MDs Rule

26(a)(4)(A) Disclosures

09-01-16 Filed: Defendant Avalon Care Center-Bountiful 350 South dba

North Canyon Care Centers Designation of Expert Witnesses

09-01-16 Filed: Certificate of Service for Defendant Avalon Care

Center-Bountiful 350 South dba North Canyon Care Centers

Designation of Expert Witnesses



09-06-16 Filed: Objection to Plaintiffs Objection to Defendant Avalon

Care Centers Statement of Discovery Issues Re: Plaintiffs

Designation of Steven Day, PH.D.


09-07-16 Filed: Request/Notice to Submit Re Defendants Statement of

Discovery Issues


09-07-16 Notice - NOTICE for Case 140908104 ID 17697289

DISCOVERY ISSUE HEARING is scheduled.

Date: 10/11/2016

Time: 09:00 a.m.

Location: THIRD FLOOR - W37

THIRD DISTRICT COURT

450 SOUTH STATE STREET

SALT LAKE CITY, UT 84114-1860

Before Judge: BARRY LAWRENCE

The court has set aside one hour for oral arguments on Defendant's

Discovery Statement re: Designation of Steven Day.

***

The Court will allow the Defendant to file a five page reply

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memorandum to respond to the Plaintiff's objection prior to the

scheduled hearing.

09-07-16 DISCOVERY ISSUE HEARING scheduled on October 11, 2016 at 09:00

AM in THIRD FLOOR - W37 with Judge LAWRENCE.

09-07-16 Filed: Notice for Case 140908104 ID 17697289

09-13-16 Filed: Plaintiffs Notice of Election of Expert Witness

Depositions


09-26-16 Filed: Certificate of Service for Defendant Avalon Care

Center-Bountiful 350 South LLC dba North Canyon Care Centers

Supplemental Designation of Expert Witnesses


10-06-16 Filed: Reply Memorandum in Support of Defendant Avalon Care

Centers Statement of Discovery Issues RE: Plaintiffs

Designation of Steven Day PhD


10-10-16 Filed: Reply (Revised) Reply Memorandum in Support of Defendant

Avalon Care Centers Statement of Discovery Issues Re Plaintiffs

Designation of Dr. Steven Day


10-11-16 Minute Entry - DISCOVERY ISSUE HEARING

Judge: BARRY LAWRENCE

Clerk: elsay

PRESENT

Plaintiff's Attorney(s): ASHTON J HYDE

Defendant's Attorney(s): CATHERINE M LARSON

Audio

Tape Number: W37 Tape Count: 9.00-9.58

__________________________________________________________________

This is the time set for a hearing on discovery issues.

9.03 Mr. Hyde addresses the Court on Plaintiff's designation of

expert witness.

9.08 Mr. Larson replies regarding untimely designation of

plaintiff's expert witness, and requests that plaintiff's request

be stricken.

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9.19 Mr. Hyde replies.

9.29 Ms. Larson replies.

9.34 Court takes short recess to draft its ruling.

9.51 Court denies statement of discovery issues for reasons as

stated on the record. Mr. Hyde to prepare today's order.

10-11-16 Filed: Defendants Election of Report of Plaintiffs Expert

Steven Day, PhD


10-11-16 Filed: Other - Not Signed Order (Proposed) Granting Defendant

Avalon Care Centers Statement of Discovery Issues RE Plaintiffs

Designation of Steven Day, PhD

10-11-16 Note: The Court denied the defendant's request at the 10/11/16

hearing.


10-12-16 Filed: Order (Proposed) Denying Defendant Avalon Care Centers

Statement of Discovery Issues re: Plaintiffs Designation of

Steven Day, Ph.D.


10-13-16 Filed order: Order Denying Defendant Avalon Care Centers

Statement of Discovery Issues re: Plaintiffs Designation of

Steven Day, Ph.D.


Signed October 13, 2016

10-13-16 Note: The Court modified the Order.


10-18-16 Filed: Defendants Notice of Intent to Allocate Fault to

Non-Party


10-19-16 Filed: Joinder in Notice of Intent to Allocate Fault to

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Non-Parties


11-02-16 Filed: Notice of Videoconference Deposition Duces Tecum of

Demetria Haffenreffer, RN


Michael Cohen, MD


11-03-16 Filed: Amended Notice of Videoconference Deposition Duces Tecum

of Michael Cohen, MD


11-10-16 Filed: Notice of Deposition Duces Tecum of Paul Eleazer, MD

11-10-16 Filed: Notice of Videoconference Deposition Duces Tecum of Kwon

Lee, MD


12-05-16 SCHEDULING CONFERENCE scheduled on March 07, 2017 at 09:00 AM

in THIRD FLOOR - W37 with Judge LAWRENCE.


SCHEDULING CONFERENCE is scheduled.

Date: 03/07/2017

Time: 09:00 a.m.






On the Court's own motion, this matter is set for a scheduling

conference.

These matters will be discussed: trial dates, discovery completion

dates, jury or non-jury trial, trial length, dates for dispositive

motions, dates for exchange of witness lists, nature and complexity

of case, final pretrial date and settlement status.



William Petri, MD


01-06-17 Filed: Motion Stipulated Motion to Continue Hearing Set for

March 7, 2017


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01-06-17 Filed: Order (Proposed) Order Granting Stipulated Motion to

Continue Hearing Set for March 7, 2017


01-12-17 Filed order: Order Granting Stipulated Motion to Continue

Hearing Set for March 7, 2017


Signed January 12, 2017

01-12-17 Note: the Court has added a new hearing date to the order; a

notice will be emailed


SCHEDULING CONFERENCE.

Date: 04/04/2017

Time: 09:00 a.m.






The reason for the change is Stipulation of counsel

These matters will be discussed: trial dates, discovery completion

dates, jury or non-jury trial, trial length, dates for dispositive

motions, dates for exchange of witness lists, nature and complexity

of case, final pretrial date and settlement status.

01-12-17 SCHEDULING CONFERENCE scheduled on April 04, 2017 at 09:00 AM





Douglas Goodin, MD


03-31-17 Filed: Request for Hearing Rule 16 Request for Scheduling

Conference and Trial Setting and Notice to Submit


04-03-17 Note: RFH forwarded to Judge.

04-04-17 PRETRIAL CONFERENCE scheduled on October 03, 2017 at 01:30 PM


04-04-17 Minute Entry - SCHEDULING CONF


Clerk: nicoleo

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________________________________________________________________________________

PRESENT

Plaintiff's Attorney(s): JOHN M MACFARLANE


CORTNEY KOCHEVAR

Audio

Tape Number: CourtRm W37 Tape Count: 9.05 -9.18

__________________________________________________________________

This matter is before the court for a scheduling conference.

The court and counsel discuss the status of the case and set

deadlines as stated in separate pretrial scheduling order.

The parties must mediate before June 30, 1027.

the Plaintiff's trial designations must be filed by September 1,

2017, all objections to designations must be filed by September 15,

2017.

A pretrial conference is scheduled for October 3, 2017 at 1:30 PM

to address all motions and motions in limine.

A final pretrial conference is scheduled October 24, 2017 at 2:00

PM.

PRETRIAL CONFERENCE is scheduled.

Date: 10/03/2017

Time: 01:30 p.m.





before Judge BARRY LAWRENCE

FINAL PRETRIAL CONFERENCE is scheduled.

Date: 10/24/2017

Time: 02:00 p.m.


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NINE DAY JURY TRIAL is scheduled.

Date:

Date:

Date:

Date:

Date:

Date:

Date:

Date:

Date:

Date: 11/06/2017

Time: 09:00 a.m.






Date: 11/08/2017

Time: 09:00 a.m.







PRETRIAL CONFERENCE is scheduled.

Date: 10/03/2017

Time: 01:30 p.m.






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This pretrial is set to address all motions and motions in limine.


FINAL PRETRIAL CONFERENCE is scheduled.

Date:

is scheduled Date: 10/24/2017

Time: 02:00 p.m.







04-05-17 FINAL PRETRIAL CONFERENCE scheduled on October 24, 2017 at

02:00 PM in THIRD FLOOR - W37 with Judge LAWRENCE.



04-05-17 NINE DAY JURY TRIAL scheduled on November 06, 2017 at 09:00 AM

















04-05-17 ADR Mediation

04-05-17 NINE DAY JURY TRIAL Cancelled.

Reason: Clerk error.

04-05-17 Note: Jury Trial scheduling error not the correct days, notice

was not sent on this error. Ja will send notice for each

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individual day.

04-05-17 ADR Mediation

04-05-17 DAY ONE OF NINE DAY JURY TRIAL scheduled on November 06, 2017

at 08:30 AM in THIRD FLOOR - W37 with Judge LAWRENCE.


DAY ONE OF NINE DAY JURY TRIAL is scheduled.

Date: 11/06/2017

Time: 08:30 a.m.






04-05-17 DAY TWO OF NINE DAY JURY TRIAL scheduled on November 07, 2017



DAY TWO OF NINE DAY JURY TRIAL is scheduled.

Date: 11/07/2017

Time: 09:00 a.m.








DAY THREE OF DAY JURY TRIAL is scheduled.

Date: 11/08/2017

Time: 09:00 a.m.







04-05-17 DAY THREE OF DAY JURY TRIAL scheduled on November 08, 2017 at

09:00 AM in THIRD FLOOR - W37 with Judge LAWRENCE.


DAY FOUR OF JURY TRIAL is scheduled.

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________________________________________________________________________________

Date: 11/09/2017

Time: 09:00 a.m.







04-05-17 DAY FOUR OF JURY TRIAL scheduled on November 09, 2017 at 09:00



04-05-17 DAY FIVE OF JURY TRIAL scheduled on November 13, 2017 at 09:00



DAY FIVE OF JURY TRIAL is scheduled.

Date: 11/13/2017

Time: 09:00 a.m.






04-05-17 DAY SIX OF JURY TRIAL scheduled on November 14, 2017 at 09:00



DAY SIX OF JURY TRIAL is scheduled.

Date: 11/14/2017

Time: 09:00 a.m.








04-05-17 DAY SEVEN OF JURY TRIAL scheduled on November 15, 2017 at 09:00



DAY SEVEN OF JURY TRIAL is scheduled.

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Date: 11/15/2017

Time: 09:00 a.m.







04-05-17 DAY EIGHT OF JURY TRIAL scheduled on November 16, 2017 at 09:00



DAY EIGHT OF JURY TRIAL is scheduled.

Date: 11/16/2017

Time: 09:00 a.m.







04-05-17 DAY NINE OF NINE DAY JURYTRIAL scheduled on November 17, 2017



DAY NINE OF NINE DAY JURYTRIAL is scheduled.

Date: 11/17/2017

Time: 09:00 a.m.







04-05-17 Filed order: SCHEDULING CONF


Signed April 05, 2017

04-06-17 Filed order: Jury Pretrial Order


Signed April 06, 2017

07-31-17 Filed: Motion in Limine MIL to Preclude Dr. Parsonss from

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Testifying Re the Cause of Mr. Spragues Death

Filed by: SOUTHWORTH MD, SCOTT E

07-31-17 Filed: Motion in Limine MIL to Preclude Testimony Re Infection



07-31-17 Filed: Motion in Limine Plaintiffs Motions in Limine



07-31-17 Filed: Motion in Limine Defendant North Canyons Motion in

Limine to Preclude Evidence of Medical Expenses Unrelated to

the Wound Injury


07-31-17 Filed: Motion in Limine Defendant North Canyon Care Centers

Motion to Limit Allocation of Fault and Testimony re Kathleen

Szymanski and Nutritional Care Services



Motion in Limine to Preclude NPUAP-EPUAP Documents or the

Dorner Article as Establishing the Standard of Care



Limine to Preclude Certain Testimony and Opinions of Scott E.

Southworth, M.D.



Motion in Limine to Exclude Certain Opinions of David Pegues,

M.D.



Limine to Preclude Plaintiff or Plaintiffs Witnesses from

Mentioning Religion



Limine to Preclude Plaintiff from Alluding to or Offering

Evidence Regarding Defendants Liability Insurance



Limine to Preclude Plaintiff from Offering and/or Making any

Argument re Any Other Lawsuit or Event Involving Defendants

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Limine to Preclude Reptile and/or Veiled GoldenRule Arguments



Motion in Limine to Limit the Testimony of Cheryl Sprague



Limine to Limit the Testimony of Treating Providers



Limine to Preclude Plaintiffs Experts, Dr. Pegues or Mr. Emmons

from Offering Testimony and Opinions on Mr. Spragues Life

Expectancy




07-31-17 Filed: Motion in Limine MIL re Clostridium Difficile



07-31-17 Filed: Motion in Limine re: Gratuitous Services

Filed by: SOUTHWORTH, SCOTT


07-31-17 Filed: Motion in Limine to Exclue Evidence of Mr. Spragues

Non-reduced Medical Bills


07-31-17 Filed: Motion in Limine to Preclude Plaintiffs Experts from

Testifying that Mr. Spragues Pressure Ulcer was the Only Reason

he Opted for Hospice


07-31-17 Filed: Motion in Limine to Preclude Plaintiffs Experts from

Testifying that Mr. Spragues Other Ulcers were Caused by

Defendants Negligence



08-01-17 Filed: Defendant North Canyon Care Centers Joinder in Dr.

Southworths Motions in Limine


08-03-17 Filed: Motion Joinder in Def North Canyons Motions in Limine

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08-14-17 Filed: Certificate of Service of Plaintiffs Supplemental

Initial Disclosures


08-14-17 Filed: Opposition to Defendants Joint Opposition to Plaintiffs

Motions in Limine

08-14-17 Filed: Exhibits 1-9

08-14-17 Filed: Exhibits 10-12


08-14-17 Filed: Opposition to Plaintiffs Memorandum in Limited

Opposition of Defendant North Canyons Motion in Limine to Limit

The Testimony of Treating Providers

08-14-17 Filed: Opposition to Plaintiffs Memorandum in Opposition of

Defendant North Canyons Motion in Limine to Limit Allocation of

Fault and Testimony re Kathleen Szymanski and Nutritional Care

Services


Defendant North Canyons Motion in Limine to Preclude Certain

Testimony and Opinions of Scott E. Southworth, MD

08-14-17 Filed: Opposition to Plaintiffs Memorandum in Opposition to

Defendant North Canyons Motion in Limine to Preclude Evidence

of Medical Expenses Unrelated to the Wound Injury


Defendants Motion in Limine re Gratuitous Services


Defendants Motion in Limine to Exclude Evidence of Mr. Spragues

Non-Reduced Medical Bills


08-14-17 Filed: Plaintiffs Notice of Non-Opposition to Various Pending

Motion in Limine




Defendants Motion in Limine to Plaintiff or Plaintiffs

Witnesses from Mentioning Religion


Defendants Motion in Limine to Preclude NPUAP EPUAP Documents

or the Dorner Article as Establishing the Standard of Care

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Defendants Motion in Limine to Preclude Plaintiffs Experts from

Testifying that Mr. Spragues other Ulcers were Caused by

Defendants Negligence

08-14-17 Filed: Opposition to Plaintiffs Opposition to Defendant North

Canyons Motion in Limine to Preclude Reptile and or veiled

Golden Rule Arguments



Defendants Motion in Limine to Preclude Dr. Parsons from

Testifying Regarding the Cause of Mr. Spragues Death

08-14-17 Filed: Exhibits 3-5 Opposition to Defendants MIL to Preclude

Dr. Parsons from Testifying Regarding the Cause of Mr. Spragues

Death

08-14-17 Filed: Exhibit 1 to Opposition to Defendants MIL to Preclude


Death

08-14-17 Filed: Exhibit 2 to Opposition to Defendants MIL to Preclude


Death





Defendants Motion in Limine to Preclude Plaintiffs Experts from

Testifying that Mr. Spragues Pressure Ulcer was the Only Reason

He Opted for Hospice

08-14-17 Filed: Exhibits A-D of Opposition to Defendants MIL to Preclude

Plaintiffs Experts from Testifying that Mr. Spragues Pressure

Ulcer was the Only Reason He Opted for Hospice


08-14-17 Filed: Exhibits F-G Opposition to Defendants MIL to Preclude



08-14-17 Filed: Exhibit H Opposition to Defendants MIL to Preclude



08-14-17 Filed: Exhibit I Opposition to Defendants MIL to Preclude


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08-14-17 Filed: Exhibit E (Part 1) Opposition to Defendants MIL to

Preclude Plaintiffs Experts from Testifying that Mr. Spragues

Pressure Ulcer was the Only Reason He Opted for Hospice








08-14-17 Filed: Opposition to Defendants Motion in Limine to Preclude

Testimony Regarding Infection

08-14-17 Filed: Exhibit A Opposition of Defendants Motion in Limine to

Preclude Testimony Regarding Infection

08-14-17 Filed: Exhibits C-F Opposition of Defendants Motion in Limine

to Preclude Testimony Regarding Infection

08-14-17 Filed: Exhibit G Opposition of Defendants Motion in Limine to


08-14-17 Filed: Exhibit H Opposition of Defendants Motion in Limine to



08-14-17 Filed: Exhibit B (Part 1) Opposition to Defendants Motion in

Limine to Preclude Testimony Regarding Infection









08-14-17 Filed: Opposition to Defendants Motion in Limine re:

Clostridium Difficile

08-14-17 Filed: Exhibit A Opposition to Defendants Motion in Limine re:


08-14-17 Filed: Exhibit B Opposition to Defendants Motion in Limine re:


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________________________________________________________________________________

08-14-17 Filed: Exhibit C Opposition to Defendants Motion in Limine re:


08-14-17 Filed: Exhibit D Opposition to Defendants Motion in Limine re:


08-14-17 Filed: Exhibit E Opposition to Defendants Motion in Limine re:


08-14-17 Filed: Exhibit F Opposition to Defendants Motion in Limine re:


08-14-17 Filed: Exhibit G Opposition to Defendants Motion in Limine re:


08-14-17 Filed: Exhibit H Opposition to Defendants Motion in Limine re:


08-14-17 Filed: Opposition to to Defendants Motion in Limine to Limit

Testimony of Cheryl Sprague

08-14-17 Filed: Exhibit A (Part 1) Opposition to Defendants Motion in

Limine to Limit Testimony of Cheryl Sprague











08-14-17 Filed: Exhibit B Opposition to Defendants Motion in Limine to

Limit Testimony of Cheryl Sprague

08-14-17 Filed: Exhibit C Opposition to Defendants Motion in Limine to

Limit Testimony of Cheryl Sprague



09-01-17 Filed: Plaintiffs Designation of Trial Witnesses and Exhibits


09-08-17 Filed: Memorandum in Reply Supporting Motion to Limit

Allocation of Fault and Testimony re Kathleen Szymanski and

Nutritional Care Services

09-08-17 Filed: Ex Parte Application to File Overlength Reply Memorandum

09-08-17 Filed: Order (Proposed) Granting Ex Parte Application to File

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________________________________________________________________________________

Overlength Reply Memorandum


09-08-17 Filed: Reply Memorandum in Support of Motion in Limine re:

Gratuitous Services

09-08-17 Filed: Reply Supporting Motion in Limine re: Clostridium

Difficile

09-08-17 Filed: Reply Memorandum in Support of Motion in Limine to

Exclude Evidence of Mr. Spragues Non-Reduced Medical Bills

09-08-17 Filed: Reply Memorandum in Support of Motionin Limine to



09-08-17 Filed: Request/Notice to Submit Defendants Motions in Limine

and Notice of Withdrawal of Certain Motions in Limine - Oral

Argument Requested

09-08-17 Filed: Memorandum in Reply Supporting Motion to Limit the

Testimony of Cheryl Sprague

09-08-17 Filed: Memorandum in Reply of North Canyon in Support of Motion

to Limit the Testimony of Treating Providers


to Preclude Plaintiff or Plaintiffs Witnesses from Mentioning

Religion


to Preclude Reptile and or Veiled Golden Rule Arguments




to Preclude Certain Testimony and Opinions of Scott E.

Southworth, MD


to Preclude NPUAP/EPUAP Documents or the Dorner Article as

Establishing the Standard of Care


to Preclude Evidence of Medical Expenses Unrelated to the Wound

Injury


09-08-17 Filed: Reply in Support of Plaintiffs Motions in Limine

09-08-17 Filed: Exhibits A-E and G-K of Reply in Support of Plaintiffs

Motions in Limine

09-08-17 Filed: Exhibit F of Reply in Support of Plaintiffs Motions in

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________________________________________________________________________________

Limine


Limine (2)


Limine (3)



09-08-17 Filed: Reply Supporting Motion to Preclude Dr. Parsons from

Testifying regarding the Cause of Mr. Spragues Death


09-11-17 Note: RTS on Motion in Limine to Judge.

09-11-17 Filed order: Order Granting Ex Parte Application to File

Overlength Reply Memorandum




09-11-17 Filed: Request/Notice to Submit Defendant North Canyons Motions

in Limine


09-12-17 Note: RE: Request to Submit all motions in limine will be heard

at PTC.

09-12-17 Filed: Request/Notice to Submit Plaintiffs Motions in Limine


09-15-17 Filed: Defendant North Canyons Designation of Trial Witnesses

and Exhibits


09-15-17 Filed: Defendants Prehearing Designations of Expert and

Non-Expert Witnesses and Trial Exhibits


09-15-17 Filed: Motion to Exclude Plaintiffs Supplemental Initial

Disclosures

09-15-17 Filed: Exhibits 1 - 2

09-15-17 Filed: Exhibits 3 - 4


09-22-17 Filed order: Order Regarding Motions in Limine



09-22-17 Filed: Defendant North Canyons Supplemental Designation of

Trial Exhibits

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________________________________________________________________________________


09-27-17 Filed: Appearance of Counsel/Notice of Limited Appearance of

Co-Counsel


09-29-17 Filed: Motion re Various Motions in Limine


09-29-17 Filed: Request/Notice to Submit Order re Various Motions in

Limine

09-29-17 Filed: Order (Proposed) re Various Motions in Limine


09-29-17 Filed: Opposition to Defendant North Canyons Motion to Exclude

Plaintiffs Supplemental Initial Disclosures


09-29-17 Filed order: Order re Various Motions in Limine



09-29-17 Note: The Court has modified and signed the Order. The Court

appreciates counsel's cooperation and will be prepared to

hear argument at the 10-3-17 Pretrial Conference on the

twelve remaining motions set forth in the parties'

"Stipulation Re Various

09-29-17 Note: Motions in Limine" filed 9-29-17.


10-03-17 Minute Entry - PRETRIAL CONFERENCE


Clerk: elsay

PRESENT

Plaintiff's Attorney(s): JOHN M MACFARLANE

Defendant's Attorney(s): ASHTON J HYDE

CATHERINE M LARSON

KATHLEEN J ABKE

GEORGE T NAEGLE

CORTNEY KOCHEVAR

Audio


__________________________________________________________________

This is the time set on a Pretrial Conference.

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________________________________________________________________________________

1.36 Mr. Hyde addresses the Court on expert witnesses appearing at

the upcoming Jury Trial.

1.38 Ms. Larson addresses the Court on medical expert witnesses

appearing to testify for North Canyon Care Center.

1.40 Ms. Abke replies.

1.41 Mr. Hyde addresses the Court on economic, and non-economic

damage claims.

Court requests that copies of all expert depositions are filed

before the Jury Trial.

1.47 Ms. Larson addresses the Court on cumulative testimony of Dr.

Petri, Dr. Goodin and Dr. Lee.

1.53 Reply by Mr. Hyde.



2.22 Ms. Kochevar addresses the Court on Dr. Southworth's Motion in

Limine Re Dr. Parson's Testimony regarding death.

2.25 Mr. MacFarlane replies.

2.28 Ms. Kochevar replies.

2.42 Mr. MacFarlane replies.



3.05 Recess.

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________________________________________________________________________________

3.17 Court is back in session.

3.19 Ms. Abke addresses the Court on North Canyon's Motion in

Limine regarding allocation to Dietician.

3.22 Ms. Larson addresses the Court on North Canyon's Motion in

Limine regarding Testimony of Dr. Southworth.

3.30 Mr. MacFarlane replies on Dr. Southworth's Testimony.

3.37 Mr. Hyde replies on allocation to Dietician.


3.44 Ms. Larson replies regarding testimony of Dr. Southworth.

3.47 Mr. Naegle replies regarding Dr. Southworth's testimony.

3.50 Mr. MacFarlane replies regarding Dr. Southworth's testimony.

3.52 Ms. Abke replies on allocation of Dietician.


4.01 Ms. Abke replies.

4.02 Ms. Larson addresses the Court on North Canyon's Motion in

Limine regarding Testimony of Cheryl Sprague.

4.10 Mr. MacFarlane replies on North Canyon's Motion in Limine

regarding Testimony of Cheryl Sprague.


4.17 Ms. Kochevar addresses the Court on Plaintiff's Motion in

Limine regarding Bolstering.

4.21 Recess.

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________________________________________________________________________________

4.50 Court rules as follows:

1. Motion in Limine regarding Clostridium Dificile is denied for

reasons as stated on the record.

2. Motion in Limine regarding Parson's Testimony regarding death is

conditionally denied for reasons as stated on the record.

3. Motion in Limine regarding Ulcer The Reason for Hospice is

granted in parts, and denied in parts, as stated on the record.

4. Motion in Limine regarding Testimony of Cheryl Sprague is

granted in parts, and denied in parts, as stated on the record.

5. Motion in Limine regarding Allocation of Dietician is reserved

for later ruling.

6. Motion in Limine regarding Testimony of Dr. Southworth is

granted as stated on the record.

7. Motion in Limine regarding Religious Affiliation is granted in

part, and denied in part, as stated on the record.

8. Motion in Limine regarding Bolstering is granted for reasons as

stated on the record.

9. Motion in Limine regarding Dr. Petri's Testimony is denied.

10. Motion in Limine regarding Dr. Goodin's Testimony is denied.

11. Motion in Limine regarding Dr. Lee's Testimony is denied in

parts, and granted in parts, as stated on the record.

12. Motion in Limine regarding Evidence of Death by Pneumonia/UTI

is denied for reasons as stated on the record.

Parties to meet and confer by October 20, 2017, and file a

stipulated set of exhibits, stipulated questionnaire and verdict

form.The Court will issue a writen ruling for today's hearing.

10-04-17 Filed order: PRETRIAL CONFERENCE



10-06-17 Filed: Reply in Support of Defendant North Canyons Motion to

Exclude Plaintiffs Supplemental Initial Disclosures

10-06-17 Filed: Request/Notice to Submit on Defendant North Canyons

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________________________________________________________________________________

Motion to Exclude Plaintiffs Supplemental Initial Disclosures


10-10-17 Filed order: Order on Motion in Limine from 10/03/17 Hearing



10-11-17 Note: RTS forwarded to Judge Lawrence.

10-13-17 Ruling Entry - MINUTE ENTRY


The Court will address Defendant's Motion to Exclude Plaintiff's

Supplemental Initial Disclosures at the October 24, 2017 Final

Pretrial Conference.

CERTIFICATE OF NOTIFICATION

I certify that a copy of the attached document was sent to the

following people for case 140908104 by the method and on the date

specified.

EMAIL: ASHTON J HYDE [email protected]

EMAIL: CORTNEY KOCHEVAR [email protected]

EMAIL: CATHERINE M LARSON [email protected]

EMAIL: GEORGE T NAEGLE [email protected]

EMAIL: NORMAN J YOUNKER [email protected]

10/13/2017 /s/ SUNSHINE BURKE

Date: ____________________ ______________________________

Deputy Court Clerk

10-13-17 Filed order: MINUTE ENTRY



10-13-17 Filed: Withdrawal of North Canyons Motion to Exclude Plaintiffs

Supplemental Initial Disclosures


10-17-17 Filed: Objection to Plaintiffs Designation of Trial Witnesses

and Trial Exhibits


10-17-17 Filed: Exhibits A - F to Defendant North Canyons Objections to

Plaintiffs Designation of Trial Witnesses and Trial Exhibits

10-17-17 Filed: Exhibit G (Part 1) to Defendant North Canyons Objections

to Plaintiffs Designation of Trial Witnesses and Trial Exhibits

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________________________________________________________________________________



10-17-17 Filed: Objection to Defendants Pretrial Designations






10-17-17 Filed: Joinder in Defendant North CAnyons Objections to

Plaintiffs Designation of Trial Witnesses and Trial Exhibits


10-18-17 Filed: Offer of Judgment Pursuant to Utah R. Civ. P. 68 (North

Canyon)

10-18-17 Filed: Offer of Judgment Pursuant to Utah R. Civ. P. 68 (Dr.

Southworth)


10-20-17 Filed: Jury Instructions Defendants Proposed Jury Instructions

10-20-17 Filed: Jury Instructions Proposed Stipulated Jury Instructions

10-20-17 Filed: Jury Instructions Plaintiffs Proposed Jury Instructions

and Special Verdict Form




10-23-17 Filed: Stipulated Jury Questionnaire


10-23-17 Filed: Proposed Voir Dire


10-24-17 Minute Entry - FINAL PRETRIAL CONFERENCE


Clerk: elsay

PRESENT

Plaintiff's Attorney(s): NORMAN J YOUNKER

ASHTON J HYDE


KATHLEEN J ABKE

GEORGE T NAEGLE

CORTNEY KOCHEVAR

Audio


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________________________________________________________________________________

__________________________________________________________________

This is the time set for a Final Pretrial Conference.

2.04 Mr. Hyde addresses the Court on outstanding issues in this

case.

2.05 Ms. Larson replies regarding medical issues.

Court will not rule on Plaintiff's exhibit 2 prior to trial.

Proper foundation will need to be laid for admission of past

medical expenses. Further, only stipulated exhibits will be

allowed during opening statements.

2.10 Ms. Larson addresses the Court on testimony issues.


2.19 Mr. Naegle replies.

Parties to provide documents as stated on the record.

2.27 Parties discuss issues with plaintiff's exhibit P16.

Plaintiff's exhibit P16 is withdrawn and substituted.

2.30 Parties discuss issue of admitting death certificate.

Court will not allow death certificate to be used during opening

statements. Plaintiff will need to lay proper foundation with Dr.

Parsons before seeking to admit it.

2.33 Parties discuss issue with notes and expert reports.

Court will allow reports and notes to be used for impeachment

purposes only.

2.37 Parties discuss issue with articles and literatures.

Court will address this issue at trial. Literature addressing only

the nutrition issue will not be permitted. Any disputed articles

may be addressed at trial. The parties have reached a stipulation

regarding literature.

2.42 Parties discuss issue with medical charts.

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________________________________________________________________________________

Court will address this issue at trial. The parties will meet and

confer to work toward stipulated exhibits.

2.43 Parties discuss issue with photograph of bedroom.

Court will address these issues at trial.

2.46 Parties stipulated to not admitting the CV's.

2.47 Parties discuss stipulated Jury Questionnaires, Jury

Instructions, and Jury Verdict forms.

Court makes ruling regarding forms as stated on the record.

Deadlines set by the Court:

November 3, 2017- Updated Jury Instructions to be filed

10-25-17 Filed: Trial Subpoena to Liane Emmett

10-25-17 Filed: Trial Subpoena to Heather Moesges

10-25-17 Filed: Trial Subpoena to Myung Lee, MD

10-25-17 Filed: Trial Subpoena to John Martinez, MD

10-25-17 Filed: Trial Subpoena to Scott Southworth, MD

10-25-17 Filed: Trial Subpoena to Vanessa Stubbs

10-25-17 Filed: Trial Subpoena to Patt Wiltfang

10-25-17 Filed: Trial Subpoena to Kathleen Szymanski

10-25-17 Filed: Trial Subpoena to Kimberly Burgueno

10-25-17 Filed: Trial Subpoena to Richard Fonoti

10-25-17 Filed: Trial Subpoena to Cindi McDonald

10-25-17 Filed: Trial Subpoena to Cressa Farnsworth

10-25-17 Filed: Trial Subpoena to Mary Parsons, MD



10-25-17 Filed: Trial Subpoena to Steven Willoughby

10-25-17 Filed: Trial Subpoena to Adelaide Willoughby

10-25-17 Filed: Trial Subpoena to Ashton Sprague

10-25-17 Filed: Trial Subpoena to Virginia Sprague

10-25-17 Filed: Trial Subpoena to Morley Sprague, Jr.


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________________________________________________________________________________

10-26-17 Filed: Affidavit/Declaration Acceptance of Service of Subpoena

to Appear and Testify



TELEPHONE CONFERENCE is scheduled.

Date: 10/27/2017

Time: 11:00 a.m.






This case is set for a Telephone Conference at stipulation of the

parties to discuss trial witness issues.

Counsel and/or parties are responsible for calling in at the number

below. THE COURT WILL NOT CALL YOU. If you do not call in on

time, the Court may proceed in your absence. You will be placed on

hold until the Court joins the call.

We will make every effort to begin the call on time, but if other

matters before the Court delay the start on the phone call, please

wait on the line. CONFERENCE CALL NUMBER: (720) 279-0026 GUEST

PASSCODE IS: 904915

If you experience any problems calling in, please feel free to

contact a judicial assistant at (801) 238-7120

10-26-17 TELEPHONE CONFERENCE scheduled on October 27, 2017 at 11:00 AM


10-26-17 Filed: Notice for Case 140908104 MP: Judge BARRY LAWRENCE

10-26-17 Filed order: FINAL PRETRIAL CONFERENCE



10-26-17 Ruling Entry - MINUTE ENTRY


The Court has reviewed Avalon's Policies and Procedures materials

submitted by plaintiff as a proposed Exhibit. It appears to the

Court that those documents are directly relevant and probative to

the issues in this matter; moreover, it would not be unfairly

prejudicial to admit them. See U.R.E., 402 & 403. Finally, the

Court is unaware of any State precedent that should lead to their

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________________________________________________________________________________

exclusion. Accordingly, they may be admitted into evidence in

this matter. (Any policies relating to irrelevant issues,

including but not limited to nutritional issues, should be

excluded. It appears to the Court that the proposed Exhibit does

not address any such impertinent issues.)

Moreover, any alleged confusion to the jury regarding the

importance of those materials, and whether they reflect the

standard of care, can be addressed in cross-examination of

plaintiff's witnesses, in defendant's case in chief, and, if

necessary, through a limiting instruction.

10-26-17 Filed order: MINUTE ENTRY



10-27-17 Minute Entry - TELEPHONE CONFERENCE


Clerk: nicoleo

PRESENT



GEORGE T NAEGLE

CORTNEY KOCHEVAR

Audio

Tape Number: CourtRm W37 Tape Count: 11.06-11.16

__________________________________________________________________

This matter is before the court for a telephone conference to

address the Defendant Avalon Care Center's request to resolve trial

witness issues.

11.07 - Ms. Larson request the court to allow Avalon Care Center to

cross examine some of their witnesses during the Plaintiff's case

in chief.

11.08 - Mr. Hyde makes argument opposing Ms. Larson's request.

11.11- Mr. Naegle has no objections.

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________________________________________________________________________________

11.12 - The court grants Avalon Care Center's request.

11.13 - Mr. Naegle request the term Medicare Regulation not be used

in trial but rather the term Federal Regulations be used.

11.14- Mr. Hyde agrees to Mr. Naegle's request.

10-30-17 Filed order: TELEPHONE CONFERENCE



11-01-17 Filed: Motion Stipulation and Motion for Order of Dismissal

With Prejudice


11-01-17 Filed: Order (Proposed) Order Dismissing Scott E. Southworth,

M.D. with Prejudice and Without Allocating Fault


11-02-17 Filed: Acceptance of Trial Subpoena to Richard Fonoti and

Declaration of Compliance

11-02-17 Filed: Acceptance of Trial Subpoena to Patt Wiltfang and


11-02-17 Filed: Acceptance of Trial Subpoena to Cindi McDonald and


11-02-17 Filed: Return of Service of Trial Subpoena to Adelaide

Willoughby

11-02-17 Filed: Return of Service of Trial Subpoena to Steven Willoughby

11-02-17 Filed: Return of Service of Trial Subpoena to Mary Parsons, MD



TELEPHONE CONFERENCE is scheduled.

Date: 11/03/2017

Time: 03:00 p.m.






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________________________________________________________________________________

Judge Lawrence wishes to have a telephone conference with counsel.

The courtroom is reserved for trial set up Friday at 2:30 if

counsel is here they may participate in person.








PASSCODE IS: 904915



Judge Lawrence has set a telephone conference to speak with

counsel. However, the courtroom is reserved for this case's trial

set up starting at 2:30 p.m. If counsel is here setting up they may

participate in the conference in person.








PASSCODE IS: 904915



11-02-17 TELEPHONE CONFERENCE scheduled on November 03, 2017 at 03:00 PM


11-02-17 Filed: Notice for Case 140908104 MP: Judge BARRY LAWRENCE

11-02-17 Filed order: Order Dismissing Scott E. Southworth, M.D. with

Prejudice and Without Allocating Fault


Signed November 02, 2017


11-02-17 Dismissed party - SOUTHWORTH MD, SCOTT E

11-03-17 Filed: Return of Service of Trial Subpoena to Cressa Farnsworth

11-03-17 Filed: Return of Service of Trial Subpoena to Heather Moesges

11-03-17 Filed: Return of Service of Trial Subpoena to John Martinez,

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________________________________________________________________________________

M.D.

11-03-17 Filed: Return of Service of Trial Subpoena to Kimberly Burgueno

11-03-17 Filed: Acceptance of Service of Trial Subpoena to Myung Lee,

M.D.

11-03-17 Filed: Return of Service of Trial Subpoena to Scott Southworth,

M.D.

11-03-17 Filed: Return of Service of Trial Subpoena to Vanessa Stubbs

11-03-17 Filed: Acceptance of Trial Subpoena to Liane Emmett


11-03-17 Minute Entry - TELEPHONE CONFERENCE


Clerk: sunshinb

PRESENT

Defendant's Attorney(s): JULIA M HOUSER

Other Parties: ASHTON J HYDE

CATHERINE M LARSON

Audio

Tape Number: W37 Tape Count: Off Record

__________________________________________________________________

Parties appeared in person and met with the Judge in chambers.

This hearing is stricken.

TIME: 3:40 PM

11-03-17 Filed: Defendants Proposed Special Verdict Form

11-03-17 Filed: Jury Instructions Defendants Proposed Jury Instructions


11-05-17 Filed: Plaintiffs Notice of Supplemental Authority in

Opposition of Defendants Motion in Limine to Preclude Dr.

Parsons from Testifying Regarding the Cause of Mr. Spragues

Death


11-06-17 Minute Entry - DAY 1 OF JURY TRIAL


Clerk: sunshinb

PRESENT

Plaintiff(s): CHERYL SPRAGUE

Plaintiff's Attorney(s): NORMAN J YOUNKER

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________________________________________________________________________________

JOHN M MACFARLANE


KATHLEEN J ABKE

Audio

Tape Number: W37 & W39* Tape Count: 8.19-4:53

__________________________________________________________________

This matter is before the court on day 1 of a Jury Trial.

8:19 - Parties discuss procedure of trial.

8:25 - Court takes a recess.

9:05 - Prospective jurors enter the courtroom and are sworn in.

Jury selection process begins.

9:35 - Voir Dire selection is done in courtroom *W39* from 9:40 am

to 11:54 am.

11:45 - Back in the courtroom to select a jury.

12:14 - Judge read the names of impaneled jurors after peremptory

challenge.

12:16 - Impaneled jurors are sworn in and excused for lunch.

12:22 - Parties discuss procedure of the trial.

12:25 - Court is in recess.

1:47 - Court is back in session. Parties discuss further procedure

of this trial.

1:51 - Jurors enter the Courtroom.

1:52 - Jury instructions at the beginning of jury trial are read by

the Court.

2:10 - Opening statements by Mr. Younker.

2:59 - Opening statements by Ms. Larson.

3:36 - Jurors are excused for a break. Parties discuss further

proceedings of trial.


3:55 - Court is back in session.

3:56 - Mr. Younker calls Heather Moesges, who is sworn and

testifies upon direct examination. Court invokes the exclusionary

rule.

4:21 - Cross-examination by Ms. Abke.

4:38 - Re-direct by Mr. Younker.

4:50 - Jurors excused for the day.

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________________________________________________________________________________

4:51 - Parties discuss witnesses for tomorrow.


11-06-17 Filed order: Jury Instructions to be Given at Beginning of Case



11-06-17 Filed: Jury Instructions Plaintiffs Amended Proposed Jury

Instructions and Special Verdict Form




Clerk: sunshinb

PRESENT



JOHN M MACFARLANE

NORMAN J YOUNKER

Defendant's Attorney(s): KATHLEEN J ABKE

CATHERINE M LARSON

Audio

Tape Number: W37 Tape Count: 8:41-4:25

__________________________________________________________________



8:48 - Mr. MacFarlane calls Ashton Sprague, who is sworn in and

testifies upon direct examination.

No cross-examination.

9:01 - Mr. MacFarlane calls Virgina Sprague, who is sworn in and



9:25 - Re-direct by Mr. MacFarlane.

9:28 - Mr. Younker calls Dr. Scott Southworth, M.D., who is sworn

in and testifies upon direct examination.


10:42 - Court is back in session, parties argue about admitting Mr.

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________________________________________________________________________________

Younker's written poster as an exhibit, Defendant objects. Court

denies the Plaintiff's request to admit that poster as an exhibit.

10:45 - Dr. Scott Southworth, M.D. continues to testify and is

being cross-examined by Ms. Larson.


11:59 - Re-cross by Ms. Larson.

12:00 - Court takes a recess for lunch. Jurors are excused for

lunch.


12:01 - Lunch break.


1:41 - Mr. MacFarlane reads Vanessa Stubbs deposition to the jury.

1:59 - Mr. Hyde calls Dr. Mary Parsons, M.D., who is sworn in and

testifies upon direct examination. Plaintiff's exhibit P20 is

offered and admitted.



3:13 - Dr. Mary Parsons, M.D. continues to testify and is being

cross-examined by Ms. Larson.

4:04 - Re-direct by Mr. Hyde.



4:24 - Jurors are excused for the day.

4:24 - Parties discuss tomorrow's procedure of the trial.


TIME: 8:41 AM

11-07-17 Filed: Jury Instructions Amended Proposed Stipulated Jury

Instructions




Clerk: sunshinb

PRESENT



JOHN M MACFARLANE

NORMAN J YOUNKER

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________________________________________________________________________________


KATHLEEN J ABKE

Audio


__________________________________________________________________



8:40 - Mr. Hyde calls Dr. John Martinez, M.D., who is sworn in and




10:02 - Mr. MacFarlane calls Morley Reed Sprague III, who is sworn

in and testifies upon direct examination.

No cross-examination.

10:17 - Jury is excused for break.



10:41 - Parties argue about limiting bringing up the family with

Dr. Kevin Emmons, RN as stated on the record.


10:45 - Mr. Younker calls Dr. Kevin Emmons, RN, who is sworn in and


11:56 - Jury is excused for lunch.


1:31 - Dr. Kevin Emmons, RN resumes testimony.

2:26 - Plaintiff moves to admit Plaintiff's exhibit #2.

2:28 - Ms. Larson objects to admitting exhibit #2 and Voir Dires

the witness regarding that exhibit.

2:34 - Court admits Plaintiff's exhibit #2 conditionally.

2:45 - Cross-examination by Ms. Larson.






4:52 - Jurors are excused for the day.

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________________________________________________________________________________

4:52 - Mr. Younker states he is not going to call Ms. Cindi

McDonald and she is excused.

4:53 - Parties argue about Plaintiff's exhibit #2 and the court

admits the exhibit as stated on the record.


TIME: 8:38 AM

11-08-17 Filed: Jury Instructions Plaintiffs Proposed No. 22-

Certificate of Death




Clerk: sunshinb

PRESENT



JOHN M MACFARLANE

NORMAN J YOUNKER


CATHERINE M LARSON

Audio


__________________________________________________________________



8:41 - Mr. Hyde calls Dr. David Pegues, M.D., who is sworn in and




10:20 - Jury excused for break.

10:21 - Ms. Larson objects to Mr. Hyde's last question to the

witness and request it be stricken the court notes her objection

and overrules it.



10:45 - Mr. MacFarlane calls Dr. Steven Day M.D., who is sworn in

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________________________________________________________________________________

and testifies upon direct examination.


11:53 - Re-direct by Mr. MacFarlane.



1:30 - Mr. Younker calls Cheryl Sprague, who is sworn in and




3:09 - Re-cross by Ms. Abke.


3:12 - Jury is excused for the day.

3:14 - Parties discuss jury instructions. Counsel stipulate to

admit all exhibits. Court order's all exhibits admitted.


3:29 - Parties further discuss jury instructions and discuss

tomorrow's procedure of the trial.


TIME: 8:37 AM



Clerk: sunshinb

PRESENT



JOHN M MACFARLANE

NORMAN J YOUNKER


CATHERINE M LARSON

Audio


__________________________________________________________________


8:30 - Parties discuss jury instructions, medical bills, insurance,

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________________________________________________________________________________

and procedure of trial.


8:45 - Court discusses concerns with counsel about juror #9 whom is

8 months pregnant.


8:49 - Court excuses juror #9 due to her being 8 months pregnant.

8:54 - Mr. Hyde calls Liane Emmett, N.P., who is sworn in and




9:36 - Plaintiff rests. Plaintiff moves to admit exhibits P1

through P36 and Defendants D1 and D2. Court admits these exhibits.

9:39 - Jury is excused for a brief recess.

9:40 - Ms. Larson motions the Court for directed verdict as stated

on the record.

9:45 - Mr. Hyde objects to the motion for directed verdict.

9:50 - Court denies Ms. Larsons motion for directed verdict for

reasons stated on the record.

9:57 - Ms. Larson calls Dr. Kwon S. Lee, M.D., who is sworn in and


10:27 - Court takes a break.


10:48 - Court is back in session and jury is back in court room.

10:48 - Dr. Lee resumes direct examination.

11:39 - Cross-examination by Mr. Younker.



1:40 - Dr. Lee resumes cross-examination.

2:57 - Re-direct by Ms. Larson.

3:00 - Re-cross by Mr. Younker.


3:07 - Mr. Younker places on the record his objection to being cut

short of his cross-examination of Dr. Lee. Parties discuss concerns

about bringing up who is paying for the wheelchair and further

proceedings of the trial.



3:31 - Ms. Larson calls Richard Fonoti, who is sworn in and


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5:09 - Jury is excused for the day.

5:10 - Parties discuss tomorrow's procedure of the trial.


TIME: 8:30 AM

11-14-17 Filed: Special Verdict Form

11-14-17 Filed order: Order Regarding Jury Instructions



11-14-17 Filed: Plaintiff's Exhibit List

11-14-17 Filed: Defendant's Exhibit List

11-14-17 Filed: Jury List



Clerk: sunshinb

PRESENT



JOHN M MACFARLANE

NORMAN J YOUNKER


CATHERINE M LARSON

Audio

Tape Number: W37 Tape Count: 8:37-10:22pm

__________________________________________________________________


8:37 - Parties argue about Dr. Petri's testimony about what he can

and can't testify about as stated on the record.

8:46 - Jury instructions and verdict forms are discussed.

8:48 - Jury is present.

8:53 - Ms. Larson calls Dr. William Petri, M.D., who is sworn in

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and testifies upon direct examination.

9:38 - Cross-examination by Mr. Hyde.


10:09 - Jury is excused for a brief recess.

10:10 - Mr. Hyde motions the Court to strike Dr. Petri's testimony

as stated on the record.

10:12 - Ms. Larson objects.

10:13 - Mr. Hyde's motion to strike the testimony is denied.



10:52 - Ms. Larson calls Demi Haffenreffer, who is sworn in and






12:41 - Defendant rests.



12:58 - Defendant moves to admit exhibits D3 through D29. Court

admits these exhibits.

12:59 - Mr. MacFarlane recall Cheryl Sprague as a rebuttal witness,

she understands that she is still under oath.

1:12 - Re-cross by Ms. Abke.

1:13 - Closing instructions read to the jury by the Court.

1:30 - Closing arguments by Mr. Younker.



2:45 - Closing arguments by Ms. Larson.

3:47 - Rebuttal by Mr. Younker.

4:09 - Remaining jury instructions at closing of case are read to

jurors.

4:11 - Bailiff is sworn in and takes charge of the jury. Jury

starts deliberations.

4:12 - Ms. Abke states her objection to the jury instructions as

stated on the record. Mr. Hyde responds.


10:15 - The jury has reached a verdict. Foreman hands special

verdict form to bailiff. Special Verdict Form is read onto the

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record.

10:19 - Jury is polled.

10:21 - The jury is released.

10:22 - Mr. Younker to prepare order.


TIME: 8:37 AM

11-14-17 Filed: Jury Instructions to be Given at the Close of Case

11-14-17 DAY SEVEN OF JURY TRIAL Cancelled.

11-14-17 DAY NINE OF NINE DAY JURYTRIAL Cancelled.

11-14-17 DAY EIGHT OF JURY TRIAL Cancelled.

11-15-17 Filed order: DAY 2 OF JURY TRIAL


















11-16-17 Filed: Motion Defendants Motion to Reduce Jury Verdict Prior to

Entry of Judgement



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