fifth district court- cedar iron county, …fjcadr.com/uploads/3/2/5/7/3257891/phillips.pdf ·...

FIFTH DISTRICT COURT- CEDAR

IRON COUNTY, STATE OF UTAH

FELICIA PHILLIPS vs. GERALD K ROWLAND MD

CASE NUMBER 100500723 Malpractice

________________________________________________________________________________

CURRENT ASSIGNED JUDGE

PAUL D LYMAN

PARTIES

Plaintiff - FELICIA PHILLIPS

Represented by: RHETT G LUNCEFORD

Defendant - GERALD K ROWLAND MD

Represented by: VAUN B HALL

Defendant - DARRELL L WILSON MD - DISMISSED

Represented by: VAUN B HALL

Defendant - INTERMOUNTAIN HEALTH CARE - DISMISSED

Represented by: LARRY R WHITE

Represented by: PAUL D VAN KOMEN

ACCOUNT SUMMARY

TOTAL REVENUE Amount Due: 670.00

Amount Paid: 670.00

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

Amount Paid: 250.00

Amount Credit: 0.00

Balance: 0.00

REVENUE DETAIL - TYPE: AUDIO TAPE COPY

Amount Due: 60.00

Amount Paid: 60.00

Amount Credit: 0.00

Balance: 0.00

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Page 1 of 25


________________________________________________________________________________

CASE NOTE

PROCEEDINGS

07-28-10 Filed: Complaint

07-28-10 Judge G MICHAEL WESTFALL assigned.



07-28-10 Fee Account created Total Due: 360.00


07-28-10 COMPLAINT - NO AMT S Payment Received: 360.00

Note: Code Description: COMPLAINT - NO AMT S, JURY DEMAND

- CIVIL, Mail Payment;

07-28-10 JURY DEMAND - CIVIL Payment Received: 250.00

11-26-10 Filed return: Acceptance of Service and Summons for Darrell

Wilson and Gerald Rowland

Party Served: ROWLAND MD, GERALD K

Service Type: Mail

Service Date: November 22, 2010

12-03-10 Filed: Answer of Intermountain Health Care/Valley View Medical

Center

INTERMOUNTAIN HEALTH CARE

12-09-10 Filed: Answer to Plaintiff's Complaint on Behalf of Gerald K

Rowland MD and Darrel L Wilson MD

GERALD K ROWLAND MD

DARRELL L WILSON MD

03-28-11 Filed: Certificate of Service (Initial Disclosures)

03-31-11 Filed: Certificate of Service (IHC's nitial disclosures)

04-01-11 Filed order: Attorneys Planning Meeting Report and Scheduling

Order

Judge G MICHAEL WESTFALL

Signed April 01, 2011

04-04-11 Filed: Certificate of Service of Plaintiff's Initial

Disclosures

05-09-11 Filed: Certificate of Service (Dfnt's discovery requests)

05-18-11 Filed: Certificate of Service (Discovery Requests)

05-18-11 Filed: Certificate of Service (Discovery Requests)

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05-31-11 Filed: Certificate of Service (Discovery request)

07-11-11 Filed: Certificate of Service of Plaintiff's Verified Answers

to Defendant IHC's First Set of Interrogatories and Request for

Production of Documents

07-13-11 Filed: Plaintiff's First Set of Request for Production of

Documents to Defendant Intermountain Health Care/Valley View

Medical Center

08-10-11 Filed: Certificate of Service (discovery responses)

08-15-11 Filed: Notice of Records Deposition

08-18-11 Filed: Notie of Records Desposition (IHC)

11-30-11 Filed: Letter Addressed to Vaun B Hall Re: Deposition of Daryl

Conrad Belcher

11-30-11 Filed: Letter Addressed to Vaun B Hall Re: Deposition of

Starling Marie Phillips

01-13-12 Filed: Notice of Amended Deposition of Darrell L Wilson MD

01-13-12 Filed: Notice of Amended Deposition of Janet Malachowski

01-16-12 Filed order: Attorneys Amended Planning Meeting Report and

Amended Scheduling Order


Signed January 16, 2012

05-17-12 Notice - NOTICE for Case 100500723 ID 14520129

FINAL PRETRIAL & STLMT CONF is scheduled.

Date: 10/29/2012

Time: 09:03 a.m.

Location: COURTROOM 1 - (West)

DISTRICT COURT BUILDING

40 NORTH 100 EAST

CEDAR CITY, UT 84720

Before Judge: G MICHAEL WESTFALL

05-17-12 FINAL PRETRIAL & STLMT CONF scheduled on October 29, 2012 at

09:03 AM in COURTROOM 1 - (West) with Judge WESTFALL.

05-17-12 Filed: Notice of Final Pretrial & Stlmt Conf

08-02-12 Filed order: Attorneys Stipulated Amended Planning Meeting

Report and Amended Scheduling Order


Signed August 02, 2012


FINAL PRETRIAL & STLMT CONF.

Date: 04/29/2013

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Page 3 of 25


________________________________________________________________________________

Time: 09:03 a.m.



40 NORTH 100 EAST


Before Judge: G MICHAEL WESTFALL

The reason for the change is Discovery problems.

08-28-12 FINAL PRETRIAL & STLMT CONF scheduled on April 29, 2013 at

09:03 AM in COURTROOM 1 - (West) with Judge WESTFALL.

08-28-12 Filed: Notice of Final Pretrial & Settlement Conference

10-15-12 Filed: Defendant Intermountain Health Care/Valley View Medical

Center's Motion for Summary Judgment

Filed by: INTERMOUNTAIN HEALTH CARE,

10-15-12 Filed: Memorandum of Points and Authorities in Support of

Defendant Intermountain Health Care/Valley View Medical

Center's Motion for Summary Judgment

10-18-12 Filed: Letter re deposition of Felicia Phillips

10-29-12 Filed: Plaintiff's Objection to Defendant Intermountain Health

Care/Valley View Medical Center's Motion for Summary Judgment

10-30-12 Filed: Notice of Withdrawal of Notice to Submit Unopposed

Motion

10-31-12 Filed: Request to Submit Unopposed Motion (This request was

WITHDRAWN on 10/30/12)

11-09-12 Filed: Certifcate of Service (Request to Supplement Discovery

Responses)

01-14-13 Filed: Plaintiff's Expert Witness Designation

01-22-13 Filed: Certificate of Service - Designation of Expert Witness

02-08-13 Filed: Request to Submit for Decision by Intermountain Health

Care/Valley View Medical Center

03-08-13 Filed order: Recusal Order (served with Order of Assignment on

3/14/13)


Signed March 08, 2013

03-13-13 Filed order: Order of Assignment

Judge JOHN J WALTON


03-14-13 Judge JOHN J WALTON assigned.

03-14-13 Note: PYR Name changed from SMART, SCHOFIELD, SHORTER

03-14-13 Note: PYR Name changed to SMART SCHOFIELD SHORTER

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03-20-13 Filed: Rejection notice re Request to Submit

04-15-13 Filed: Other DESIGNATION OF EXPERT WITNESSES ON BEHALF OF

DEFENDANTS GERALD K. ROWLAND, M.D. AND DARRELL L. WILSON, M.D.

04-15-13 Filed: Return of Electronic Notification

04-15-13 Filed: Other NOTICE OF DEPOSITION OF MICHAEL SMOLENS MD


04-19-13 Filed: Other Withdrawal of Plaintiff's Objection


04-19-13 Filed: Request/Notice to Submit Renewed Request to Submit for

Decision by Intermountain Heatlh Care/Valley View Medical

Center

04-19-13 Filed: Other Proposed :Order (Proposed) Summary Judgment and

Order of Dismissal Intermountain Health Care/Valley View

Medical Center


04-26-13 Filed: Motion to Attend Final Pretrial Conference

Telephonically

Filed by: PHILLIPS, FELICIA

04-26-13 Filed: Other Proposed :Order (Proposed)


04-29-13 Minute Entry - Minutes for FINAL PRETRIAL & STLMT CONF

Judge: G MICHAEL WESTFALL

Clerk: dawnw

No Parties Present

Audio

Tape Number: CEDCRT1 Tape Count: 9:22-9:22

__________________________________________________________________

HEARING

This matter has been reassigned to Judge Walton. This hearing is

stricken and shall be reset on Judge Walton's calendar.

05-01-13 Filed order: Order

Judge JOHN J WALTON

Signed May 01, 2013



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________________________________________________________________________________

PRETRIAL CONFERENCE is scheduled.

Date: 05/29/2013

Time: 01:30 p.m.



40 NORTH 100 EAST


Before Judge: JOHN J WALTON

Pltf's atty may appear by phone by calling the court.

05-03-13 PRETRIAL CONFERENCE scheduled on May 29, 2013 at 01:30 PM in

COURTROOM 1 - (West) with Judge WALTON.

05-03-13 Filed: Notice of Pretrial Conference

05-07-13 Filed: Motion Motion of Intermountain Health Care/Valley View

Medical Center to Attend Final Pretrial Conference

Telephonically

Filed by: INTERMOUNTAIN HEALTH CARE,

05-07-13 Filed: Other Proposed :Order (Proposed) Order Granting Motion

of Intermountain Health Care/Valley View Medical Center to

Attend Final Pretrial Conference Telephonically


05-09-13 Filed: Other Stipulation for Dismissal of Defendant Darrell L.

Wilson, M.D. with Prejudice

05-09-13 Filed: Other Proposed :Order (Proposed) [Proposed] Final Order

and Entry of Judgment - Dismissing Defendant Darrell L. Wilson,

M.D. with Prejudice


05-10-13 Filed: Other Stipulation for Dismissal of Intermountain

Healthcare/valley View Medical Center

05-10-13 Filed: Other Proposed :Order (Proposed) Order of Dismissal with

Prejudice as to Intermountain Healthcare/Valley View Medical

Center


05-13-13 Filed order: Order Order Granting Motion of Intermountain

Health Care/Valley View Medical Center to Attend Final Pretrial

Conference Telephonically

Judge JOHN J WALTON

Signed May 13, 2013


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________________________________________________________________________________

05-13-13 Filed order: Order Order of Dismissal with Prejudice as to

Intermountain Healthcare/Valley View Medical Center

Judge JOHN J WALTON

Signed May 13, 2013

05-13-13 Filed order: Order [Proposed] Final Order and Entry of Judgment

- Dismissing Defendant Darrell L. Wilson, M.D. with Prejudice

Judge JOHN J WALTON

Signed May 13, 2013



05-14-13 Filed: Other Letter notification of non-attendance at May 29

hearing


05-14-13 Dismissed party - WILSON MD, DARRELL L

05-14-13 Dismissed party - INTERMOUNTAIN HEALTH

05-14-13 Filed: Other - Declined to Sign Order (Proposed) Summary

Judgment and Order of Dismissal Intermountain Health

Care/Valley View Medical Center


05-14-13 Filed: Letter to Vaun B. Hall regarding Deposition of Jeffrey

Bleazard

05-15-13 Filed: Letter Re Deposition

05-29-13 PRETRIAL CONFERENCE scheduled on September 25, 2013 at 02:00 PM

in COURTROOM 1 - (West) with Judge WALTON.

05-29-13 Minute Entry - Minutes for Pretrial Conference

Judge: JOHN J WALTON

Clerk: marydb

TELEPHONE CONFERENCE

PRESENT

Plaintiff's Attorney(s): RHETT G LUNCEFORD

Defendant's Attorney(s): VAUN B HALL

Audio


__________________________________________________________________

HEARING

The Court advises counsel of it's concerns in that it did not rule

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________________________________________________________________________________

on a motion for summary judgment. All other parties have been

dismissed from the case.

Counsel indicate a settlement has been discussed but the matter

will need to go to trial at this time.

Mr. Hall indicates that discovery has been completed, the

deposition of one expert witness is done, two more expert witnesses

will be deposed within the next 30-45 days.

A final pretrial should be scheduled out approximately 60-75 days.

The Court orders that all motions are to be filed by August 26

2013, responses are due by September 12, 2013 and replies are due

by September 19, 2013.

A three-day jury trial is requested.

A final pretrial conference is scheduled in open court (counsel

anticipate it taking two hours).

PRETRIAL CONFERENCE.

Date: 09/25/2013

Time: 02:00 p.m.



40 NORTH 100 EAST


Before Judge: JOHN J WALTON

08-26-13 Filed: Affidavit of Vaun B. Hall

08-26-13 Filed: Motion Defendant's Motion to Exclude Certain Evidence

Based on Plaintiff's Failure to Supplment Her Initial

Disclosures and Discovery Responses

Filed by: WILSON MD, DARRELL L

08-26-13 Filed: Memorandum Defendant's Memorandum in Support of Motion

to Exclude Certain Evidence Based on Plaintiff's Failure to

Supplement Her Initial Disclosures and Discovery Responses


08-26-13 Filed: Motion in Limine Defendant's Motion in Limine Regarding

Application of the Collateral Source Rule

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in Limine Regarding Application of the Collateral Source Rule

08-26-13 Filed: Motion in Limine Motion in Limine to Exclude Certain

Causation Testimony of PL's Expert Witness, Michael Smolens,

M.D., Motion for Partial Summary Judgment and Motion to Exclude

Evidence of PL's 4/25/08 Surgery


08-26-13 Filed: Memorandum in Support of Motion in Limine to Exclude

Certain Causation Testimony of PL Expert Michael Smolens, M.D.,

Motion for Partial Sum. Judgment & Motion to Exclude Evidence

of PL 4/25/08 Surgery

08-26-13 Filed: Memorandum Exhibits for Memo of Motion in Limine to

Exclude Certain Causation Testimony of PL Expert Michael

Smolens, M.D., Motion for Partial Sum. Judgment & Motion to

Exclude Evidence of PL 4/25/08 Surgery


08-26-13 Filed: Motion in Limine Defendant's Motion in Limine to Exclude

any References to Liability Insurance



in Limine to Exclude any References to Liability Insurance



08-26-13 Filed: Motion to Compel, or in the alternative, Motion to

Strike Plaintiff's Expert Michael Smolens, M.D.


08-26-13 Filed: Memorandum in Support of Motion to Compel, or in the

alternative, Motion to Strike Plaintiff's Expert Michael

Smolens, M.D.



09-16-13 Filed: Affidavit of Michael Smolens, M.D.


09-16-13 Filed: Objection to Defendant's Motion in Limine to Exclude

Certain Causation Testimony of Plaintiff's Expert Witness,

Michael Smolens, M.D., Motion for Partial Summary Judgment and

Motion to Exclude Evidence of Plaintiff's 04/25/08 Surgery

09-16-13 Filed: Exhibit A

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09-16-13 Filed: Objection to Defendant's Motion to Compel, or in the

Alternative, Motion to Strike Plaintiff's Expert Michael

Smolens, M.D.


09-16-13 Filed: Objection to Defendant's Motion in Limine to Exclude

Certain Evidence Based on Plaintiff's Failure to Supplement Her

Initial Disclosures and Discovery Responses


09-16-13 Filed: Affidavit of Rhett G. Lunceford

09-16-13 Filed: Exhibits


09-19-13 Filed: Reply Memo in Support of Def Motion in Limine to Exclude

Certain Testimony of Pl Expert Witness, Michael Smolens, M.D.,

Motion for Partial Summary Judgment and Motion to Exclude

Evidence of Pl Surgery

09-19-13 Filed: Reply Memo in Support of Defendant's Motion to Compel,

or in the Alternative, Motion to Strike Plaintiff's Expert

Michael Smolens, M.D.


09-19-13 Filed: Reply Memo In Support of Defendant's Motion to Exclude

Certain Evidence Based on Plaintiff's Failure to Supplement Her

Initial Disclosures and Discovery Responses

09-19-13 Filed: Request/Notice to Submit Request to Submit for Decision




09-24-13 Note: Tracking note: Motion to Exclude submitted on 9/19/13

09-24-13 Filed: Supplement to Plaintiffs Initial Disclosures


09-25-13 **** SEALED **** Filed: Email between clerk and Judge Wal

10-03-13 Filed: Notice of Judicial Assmient of an Active (Non-Senior)

Judge (Judge Paul D. Lyman)

10-07-13 Judge PAUL D LYMAN assigned.

10-09-13 Filed order: Ruling on the Application of the Collateral Source

Rule

Judge PAUL D LYMAN

Signed October 09, 2013

10-09-13 Filed order: Ruling on Defendant's Motion in Limine to Exclude

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________________________________________________________________________________

any References to Liability Insurance

Judge PAUL D LYMAN


10-28-13 Filed: Notice of Deposition of Kenneth Bramwell, M.D.

10-28-13 Filed: Notice of Deposition of Daniel J. Vargo, M.D.


11-04-13 ORAL ARGUMENT-3 MOTIONS scheduled on November 22, 2013 at 01:00

PM in COURTROOM 2 - (East) with Judge LYMAN.


ORAL ARGUMENT-3 MOTIONS is scheduled.

Date: 11/22/2013

Time: 01:00 p.m.



40 NORTH 100 EAST


Before Judge: PAUL D LYMAN

11-04-13 Filed: Notice for Case 100500723 ID 15564659

11-04-13 Note: ORAL ARGUMENT-3 MOTIONS calendar modified.

11-21-13 Filed: Motion Stipulated Motion to Continue


11-21-13 Filed: Order (Proposed) Proposed Order Granting Stipulated

Motion to Continue


11-21-13 Note: Judge Lyman verbally granted continuance (without date)

for hearing scheduled 11/22/13. Counsel (Vaun Hall) will

contact Court after January 1, 2014 to reschedule the

hearing (pending motions).

11-21-13 Filed order: Order Proposed Order Granting Stipulated Motion to

Continue

Judge PAUL D LYMAN

Signed November 21, 2013



ORAL ARGUMENT - PEND MOTIONS is scheduled.

Date: 03/07/2014

Time: 10:00 a.m.



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________________________________________________________________________________

40 NORTH 100 EAST



The Court will not grant further continuances unless settlement is

reached.

01-10-14 ORAL ARGUMENT - PEND MOTIONS scheduled on March 07, 2014 at

10:00 AM in COURTROOM 2 - (East) with Judge LYMAN.


01-10-14 Note: ORAL ARGUMENT - PEND MOTIONS calendar modified.


01-10-14 **** SEALED **** Filed: Email re scheduling



03-07-14 Minute Entry - Minutes for ORAL ARGUMENT/PENDING MOTION

Judge: PAUL D LYMAN

Clerk: marydb

PRESENT



Audio


__________________________________________________________________

HEARING

The parties identify themselves. The Court questions counsel as

to how they want to proceed.

There were five (5) motions pending.

Mr. Hall indicates that two (2) motions have been ruled on and

that leaves three (3) remaining motions.

The Court addresses counsel. If it takes the second motion first

and rules in favor of defendant, that ends the case. Counsel

agree.

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Mr. Lunceford indicates he produced supplemental information. Mr.

Hall agrees.

The Court addresses supplementing. The rules mean something.

Mr. Lunceford addresses the Court, he feels that the case falls

under the old rules. His expert provided some information.

The Court feels that the expert didn't comply with the rules.

Mr. Hall addresses the expert witness and his failure to produce

information.

Mr. Lunceford addresses the Court.

The Court feels that Rule 26 was not complied with. The Court is

going to enforce the rules as they mean something.

The Court now addresses the next motion as to supplementing the

discovery disclosures.

Mr. Hall requested discovery several times as to the plaintiff's

medical records. He feels it has been passive compliance. He

moves the Court to strike Ms. Whittmore's medical records.

Mr. Lunceford addresses the issue of Ms. Whittmore. He didn't

know about her until he saw the subpoena.

Mr. Hall presents his arguments. He wants to be prepared for

trial and can't be if he doesn't have all the supplemental

discovery.

Court address the producing of documents prior to trial. The

Court is troubled by the approach taken by Mr. Lunceford in this

matter.

Counsel now address the last motion.

The Court indicates the expert witness will not testify as to

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________________________________________________________________________________

certain issues.

Mr. Hall addresses the Court as to their expert witnesses. Mr.

Hall moves the Court to grant partial summary judgment.

Mr. Lunceford addresses the Court as to expert witness (Dr.

Smollins).

If there is a factual issue, the Court can't issue partial summary

judgment. Counsel disagree as to whether or not Dr. Smollins can

testify.

Mr. Lunceford addresses the Court.

Court talks about future of this case and trial dates. The Court

is not willing to give a tiral date at this time.

Counsel will receive the Court's ruling within two (2) weeks. The

Court gives Mr. Lunceford 40 days (starting today) to provide the

five things Mr. Hall asked for.

Counsel indicate they may be filing additional pretrial motions

after the ruling.

11:29 - Court excuses the counsel.

03-11-14 Filed order: Ruling on Motion to Compel, or in the alternative,

Motion to Strike Plaintiff's Expert Michael Smolens, MD

Judge PAUL D LYMAN


03-11-14 Filed order: Ruling on Motion to Exclude Certain Evidence Based

on Plaintiff's Failure to Supplement Her Initial Disclosures

and Discovery Responses

Judge PAUL D LYMAN


03-21-14 Filed order: Ruling on Motion in Limine to Exclude Certain

Causation Testimony of Plaintiff's Expert Witness, Michael

Smolens, MD, Motion for Partial Summary Judgment and Motion to

Exclude Evidence of Plaintiff's 4/25/08 Surgery

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________________________________________________________________________________

Judge PAUL D LYMAN


04-14-14 Filed: Plaintiffs Expert Michael Smolens, M.D. Rule 26 Previous

Cases Testified


08-06-14 Filed: Certificate of Readiness Certificate of Readiness for

Trial


08-25-14 PRETRIAL CONFERENCE scheduled on September 24, 2014 at 03:30 PM

in COURTROOM 2 - (East) with Judge LYMAN.


PRETRIAL CONFERENCE is scheduled.

Date: 09/24/2014

Time: 03:30 p.m.

Location: COURTROOM 2 - (East)

CITY HALL OF JUSTICE

40 NORTH 100 EAST





Judge: PAUL D LYMAN

Clerk: marydb

PRESENT


Audio


__________________________________________________________________

HEARING

Mr. Hall apologizes as he is not present as he didn't get notice,

therefore he is appearing by phone with the Court initiating the

call.

Mr. Lunceford indicates he is ready to go to trial, also deadlines

outlined.

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Mr. Hall agrees, trial date and deadlines for pretrial motions.

The Court addresses the parties.

Mr. Lunceford feels that his expert witness has complied.

Counsel indicate they may file motions in limine.

Mr. Lunceford feels it may take 4-5 days for trial, Mr. Hall

indicates 4-5 days as well.

Counsel won't be ready until March, April or May, 2015.

Court sets deadline for pretrial motions and wants parties to be

completely ready prior to setting trial dates.

Pretrial motions are to be filed by February, 2015. Court is

three months out setting a multiday trial, therefore he is looking

at June, 2015.

Initial briefs are to be done by Monday, February 9, 2015. All

responses could be done by the end of February. Respond by

Febaruary 23rd with 10 days to be done. Follow rules for briefing

for civil procedures.

Court schedules arguments for all motions on March 11, 2015 at

3:30 p.m.

Court indicates there is a certificate of notification for

e-filing.

Mr. Lunceford is to prepare the order.

4:01

09-29-14 Filed: Order (Proposed) Pretrial Conference Order


10-06-14 Filed order: Order Pretrial Conference Order

Judge PAUL D LYMAN


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10-07-14 ORAL ARGUMENT RE PENDING MOT'S scheduled on March 11, 2015 at

03:30 PM in COURTROOM 1 - (West) with Judge LYMAN.

03-06-15 **** PRIVATE **** Filed: Clerk's notes (contact nos. for J

03-06-15 Filed: Stipulated Request to Appear at Pretrial Conference

Telephonically

03-06-15 Filed: Order (Proposed) Order Granting Stipulated Request to

Appear at Pretrial Conference Telephonically


03-10-15 Filed order: Order Granting Stipulated Request to Appear at

Pretrial Conference Telephonically

Judge PAUL D LYMAN




Judge: PAUL D LYMAN

Clerk: dawnw


PRESENT



Audio

Tape Number: cedcrt1 Tape Count: 3:30-3:40

__________________________________________________________________

Judge Lyman and counsel appear by telephone. This hearing was

originally set to hear pending motions, however, counsel have not

filed any motions. Counsel request a three day jury trial setting.

Trial pleadings and proposed pleadings are to be submitted in

advance. The parties agree to the trial setting in September. The

clerk advises the parties that there may be a problem with

courtroom availability as another jury trial is scheduled for the

time. The Court sets a final pretrial conference two weeks in

advance and if the other trial is vacated, the clerk is to cancel

that hearing.

Off record note: On the record the trial dates were set on 9/17, 18

and 21, 2015. Following the hearing, Judge Lyman instructed the

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clerk to change the dates to 9/18, 21 and 22, 2015, if counsel were

available. Counsel agreed.

03-13-15 TELEPHONIC FINAL PRETRIAL CONF scheduled on September 02, 2015

at 03:30 PM in COURTROOM 1 - (West) with Judge LYMAN.


TELEPHONIC FINAL PRETRIAL CONF is scheduled.

Date: 09/02/2015

Time: 03:30 p.m.



40 NORTH 100 EAST



Clerk is to contact all parties. This hearing is to be vacated if

the other pending jury trial is vacated.

03-13-15 TELEPHONIC FINAL PRETRIAL CONF Modified.

03-13-15 TELEPHONIC FINAL PRETRIAL CONF scheduled on September 02, 2015

at 03:30 PM in COURTROOM 1 - (West) with Judge LYMAN.


03-13-15 JURY TRIAL scheduled on September 18, 2015 at 09:00 AM in

COURTROOM 1 - (West) with Judge LYMAN.






JURY TRIAL is scheduled.

Date: 09/18/2015

Time: 09:00 a.m.



40 NORTH 100 EAST




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________________________________________________________________________________

Date: 09/21/2015

Time: 09:00 a.m.



40 NORTH 100 EAST



JURY TRIAL.

Date: 09/22/2015

Time: 09:00 a.m.



40 NORTH 100 EAST




07-08-15 Filed: Second Amended Notice of Deposition of Felicia Phillips

07-08-15 Filed: Motion to Continue Trail

Filed by: ROWLAND MD, GERALD K

07-08-15 Filed: Memorandum in Support of Motion to Continue Trail



07-09-15 Filed: Objection to Defendants Motion to Continue Trial



PHONE CONFERENCE RE TRIAL is scheduled.

Date: 07/16/2015

Time: 10:00 a.m.



40 NORTH 100 EAST



The clerk will initiate the conference call.

07-15-15 PHONE CONFERENCE RE TRIAL scheduled on July 16, 2015 at 10:00

AM in COURTROOM 2 - (East) with Judge LYMAN.


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________________________________________________________________________________

07-15-15 Note: PHONE CONFERENCE RE TRIAL calendar modified.

07-16-15 Minute Entry - Minutes for TELEPHONE CONFERENCE RE TRIA

Judge: PAUL D LYMAN

Clerk: dawnw

PRESENT



Audio


__________________________________________________________________

Counsel and the Court appear by telephone. Before the Court is

defense counsel's motion to continue the jury trial due to

unavailability of an expert witness. Plaintiff's counsel is willing

to continue the trial but requests it be set before Thanksgiving.

The Court grants the motion and resets the jury trial and final

pretrial conference. The clerk advises counsel that the Court has a

one week jury trial scheduled to start on 11/16/15.

TELEPHONIC FINAL PRETRIAL CONF.

Date: 10/28/2015

Time: 03:30 p.m.



40 NORTH 100 EAST



The reason for the change is Court approved continuance

JURY TRIAL.

Date: 11/12/2015

Time: 09:00 a.m.



40 NORTH 100 EAST



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________________________________________________________________________________

JURY TRIAL.

Date: 11/13/2015

Time: 09:00 a.m.



40 NORTH 100 EAST



JURY TRIAL.

Date: 11/16/2015

Time: 09:00 a.m.



40 NORTH 100 EAST



07-16-15 TELEPHONIC FINAL PRETRIAL CONF scheduled on October 28, 2015 at

03:30 PM in COURTROOM 1 - (West) with Judge LYMAN.

07-16-15 JURY TRIAL scheduled on November 12, 2015 at 09:00 AM in






07-16-15 **** PROTECTED **** Filed: Clerk's email re counsel and Judg

08-03-15 Filed: Notice of Change of Address of Counsel of Plaintiff


10-13-15 Note: Judge Lyman has a conflict with trial on 11/13/15. Trial

is still on. Counsel request a phone conference with

Judge. Clerk forwarded info to Linda for Judge Lyman.

10-14-15 TELEPHONIC FINAL PRETRIAL CONF Cancelled.

Reason: Conflict in Judge Schedule

10-14-15 JURY TRIAL Cancelled.

Reason: Conflict in Judge Schedule

10-20-15 Note: Possible jury trial 3/3, 4, 7, and 8.

10-20-15 JURY TRIAL scheduled on March 03, 2016 at 09:00 AM in COURTROOM

1 - (West) with Judge LYMAN.


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________________________________________________________________________________








Date: 03/03/2016

Time: 09:00 a.m.



40 NORTH 100 EAST




Date: 03/04/2016

Time: 09:00 a.m.



40 NORTH 100 EAST



JURY TRIAL.

Date: 03/07/2016

Time: 09:00 a.m.



40 NORTH 100 EAST



JURY TRIAL.

Date: 03/08/2016

Time: 09:00 a.m.



40 NORTH 100 EAST

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________________________________________________________________________________




10-21-15 **** SEALED **** Filed: Judge's email


TELEPHONIC STATUS CONFERENCE is scheduled.

Date: 02/03/2016

Time: 11:45 a.m.

Location: COURTROOM 2 - (East)

CITY HALL OF JUSTICE

40 NORTH 100 EAST



Counsel are to conference and call the court

10-22-15 TELEPHONIC STATUS CONFERENCE scheduled on February 03, 2016 at

11:45 AM in COURTROOM 2 - (East) with Judge LYMAN.


02-03-16 Minute Entry - TELEPHONIC STATUS CONFERENCE

Judge: PAUL D LYMAN

Clerk: dawnw


PRESENT



Audio


__________________________________________________________________

Counsel are prepared to proceed with the jury trial pending on

March 3, 4, 7, and 8, 2016. Counsel are working together on final

discovery issues and agree to exchange witness lists on a date they

will determine. Stipulated proposed jury instructions are to be

submitted by February 25, 2016. Counsel also intend to submit a

bench brief. Fifty jurors are to be summoned. Trial hours shall be

9:00 a.m. to 5:00 p.m. Counsel are to meet in chambers at 8:00 a.m.

on the first day of trial. Mr. Hall will prepare a proposed jury

questionnaire which he will provide to Mr. Lunceford before

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________________________________________________________________________________

submitting it to the Court.

02-16-16 Filed: Notice of Change of Address and Firm Name


02-22-16 Filed: NOTICE OF TRIAL DEPOSITION (VIDEOTAPED) FOR JEFFREY

BLEAZARD, M.D.


02-25-16 Filed: Stipulated Jury Questionnaire (Trial Set March 3-8,

2016)


02-26-16 Note: JURY TRIAL calendar modified.

03-02-16 Filed: Special Verdict Form


03-02-16 Filed: Pretrial Disclosures on Behalf of Defendant Gerald K.

Rowland, M.D.


03-02-16 Filed: Exhibit List and Witness List (Plaintiff)


03-02-16 Filed: Stipulated Jury Instructions

03-02-16 Filed: DEF Proposed Jury Instructions


03-02-16 Filed: Amended Pretrial Disclosures on Behalf of DEF Gerald K.

Rowland, M.D.


03-02-16 Note: JURY TRIAL calendar modified.

03-02-16 **** SEALED **** Filed: Jury Information

03-04-16 Filed: Subpoena Duces Tecum - Valley View Medical Center



03-04-16 AUDIO TAPE COPY Payment Received: 60.00

03-07-16 Filed: Jury Instructions

03-07-16 **** PRIVATE **** Filed: Special Verdict Form

03-07-16 **** SEALED **** Filed: Judge's trial notes (3/3 - 3/7)

03-07-16 Filed: Exhibit List

03-07-16 Case Disposition is Dismsd w prejudice

Disposition Judge is PAUL D LYMAN

03-07-16 JURY TRIAL Cancelled.

03-08-16 Notice - Final Exhibit List

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________________________________________________________________________________

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