] The Honorable Marsha J. Pechman 2 3 4 5 6 7 UNITED STATES DISTRICT COURT AT SEATTLE 9 10 DOUG BRIGGS, individually and as Personal Representative of THE ESTATE OF BARBARA _ | NO. 2:21-cv-00740-MJP DREYFUSS, JOINT AGREED PRETRIAL 12 Plaintiff, ORDER 13 V. 14 LIFE CARE CENTERS OF AMERICA, INC., a foreign corporation; LAKE VUE OPERATIONS, LLC, a foreign limited liability company; 16 Defendants. 17] DARCY KOVACS, individually and as Personal Representative of THE ESTATE OF ROBIN NO, 2:21-cv-00741-MJP 18 HAMRICK, 19 Plaintiff, 20 V. LIFE CARE CENTERS OF AMERICA, INC., a foreign corporation; LAKE VUE OPERATIONS, LLC, a foreign limited liability company. 23 Defendants. 24 /// 25 /// 26
JOINT AGREED PRETRIAL ORDER - 1 D Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP a 1201 Third Avenue, Suite 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
] Pursuant to LCR 16, the parties jointly submit this pretrial order. 3 Jurisdiction is vested in this Court by virtue of 28 U.S.C. § 1332(a) because there is 4] complete diversity between the parties and the amount in controversy exceeds $75,000. Plaintiffs are both citizens of the State of Washington. Defendants Life Care Centers of 6 America, Inc. and Lake Vue Operations, LLC are citizens of the State of Tennessee. Defendant Ele Basham was a citizen of the State of Georgia upon the removal of this case. 9 The Plaintiffs will pursue at trial the following claims: 10 1. Medical negligence; 11 2. Abuse of Vulnerable Adults Act, RCW 74.34 et. seq. 13 The following facts are admitted by the parties: 14 1. Robin Hamrick was admitted to Life Care Centers of Kirkland on May 7, 2019. 15 Ms. Hamrick died on March 14, 2020. 16 2. Barbara Dreyfuss was admitted to Life Care Centers of Kirkland on May 20, 2019. Ms. Dreyfuss died on March 1, 2020. 18 3. Doug Briggs was appointed as the personal representative for the Estate of Barbara Dreyfuss by King County Superior Court on August 18, 2020. 20 4. Darcy Kovacs was appointed as the personal representative for the Estate of 21] Robin Hamrick by King County Superior Court on September 28, 2020. 22 5. Life Care Centers of Kirkland is a long-term care facility located in King 23 County, Washington. 25 The Court has already made factual determinations on Defendants’ Motion for 26 Summary Judgment. The remaining determinations will be made by a jury.
CaseNo22be-0040MIP i 1501 tr er, Ste 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
2 The names and addresses of the expert witnesses to be used by each party at the trial 3 and the issue upon which each will testify is: 4 1. On behalf of Plaintiffs:
6 Testimon John J. Cascone, MD Dr. Cascone is expected to | Will be testifying via Zoom 1801 W. 32" Street, testify about his years of Bldg. C; Suite 210 experience with infectious Joplin, MO 64804 diseases and working in long-term-care facilities. He ? is expected to testify about 19 Susan K. Smith, DNP, RN, Ms. Smith is expected to Will be testifying via Zoom CEN, CCRN, CNLCP, testify about her years of 11] CWOCN experience in nursing and 4498 Meadow Wood Lane experience addressing Warriors Mark, PA 16877 Covid-19 in healthcare facilities. 13 14 2. On behalf of Defendants:
Testimon Morgan Katz, MD, MHS Dr. Katz will testify about Will be testifying Assistant Professor her extensive experience as Division of Infectious an epidemiologist in long- 18 Diseases term care facilities, and will Johns Hopkins University testify about the state of 19|| | School of Medicine information known about MPL building, Center tower | COVID-19, the nature of John Hopkins Bayview transmission, and the Campus difficulty for long term care 211) Eastern Avenue, Suite 360 facilities to deal with Baltimore, MD 21224 COVID-19 Peter Hashisaki, MD Dr. Hashisaki will testify Will be testifying 23 9023 NE 47th St. about his experience as Bellevue, WA 98004 Chair of the Infectious 24 Disease department at Overlake Hospital in 25 January and February 2020, 2% the lack of testing for
JOINT AGREED PRETRIAL ORDER - 3 □ Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP 1201 Third Avenue, Suite 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
Testimon 2 COVID-19 and the impact 3 of this lack on stopping transmission, and his review 4 of Life Care of Kirkland’s infectious disease protocols. Connie E. Cheren, RN, Ms. Cheren will testify as to | Will be testifying 6 MSW her experience in assisting Quality Care Assurance skilled nursing facilities 7 2001 Breckenridge Lane with regulatory issues, Alpharetta, GA 30005 specifically what guidance 8 was available to nursing homes in January and 9 February 2020 10 Sabine Maria von Preyss- Dr. von Preyss-Friedman Will be testifying Friedman, MD, FACP, CMD | will testify about her 10573 — 14th Ave NW experience as a medical Seattle, WA director at greater Seattle 12 area nursing homes, the information nursing homes 13 received from local and 14 federal health agencies, and what her buildings did in 15 response to review of what happened at Life Care of 16 Kirkland 17 3. The parties reserve the right to call any expert witness disclosed by the other 18 party to testify. 20 The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are: 22 1. On behalf of Plaintiffs: °3 74 | Doug Briggs Mr. Briggs may be called to testify | Will be testifying. 10214 NE 139" Street about Ms. Dreyfuss, allegations in Kirkland, WA 98034 the Complaint, damages, and about his experiences with LCCK 26
JOINT AGREED PRETRIAL ORDER - 4 □ Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP 1201 Third Avenue, Suite 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
] Darcy Kovacs Ms. Kovacs may be called to testify | Will be testifying. 2 16050 NE 27" Street about Ms. Hamrick, allegations in 3 Bellevue, WA 98008 the Complaint, damages, and her experiences with LCCK 4|| Diana Briggs Ms. Briggs may be called to testify | Will be testifying. 10214 NE 139" Street about Ms. Dreyfuss, allegations in 5 Kirkland, WA 98034 the Complaint, damages, and about 6 her experiences with LCCK Meri Dreyfuss Meri Dreyfuss may be called to Will be testifying via 233 Rountree Way testify about allegations in the Zoom. San Rafael, CA 94903 Complaint, Barbara Dreyfuss and 8 damages Hilary Dreyfuss Hilary Dreyfuss may be called to Will be testifying via 1 Avondale Landing testify about allegations in the Zoom. 10 Alameda, CA 94502 Complaint, Barbara Dreyfuss, and damages 11 Alice Cortez Ms. Cortez is expected to testify Will be testifying via about her role as LCCK’s Infection | video deposition. 12 Prevention and Control Specialist; 3 LCCK’s infection control policies, procedures, and actions; and her 14 knowledge concerning the outbreak at LCCK in early 2020 15 Ellie Basham Ms. Basham is expected to testify Will be testifying live. about her role as LCCK’s 16 Executive Director . about his role as LCCK’s Director | Gruschow’s deposition. 18 of Nursing Services
19 Ngim “Christy” Ms. Carmichael was a physician Expected to testify. Carmichael, P.A. assistant who cared for residents in | Plaintiff attempting to 2011! clo Ryan, Swanson & January and February 2020 who is__| subpoena. 91 Cleveland, PLLC expected to testify about her 1201 Third Ave., Ste experience in caring for residents 22 || | 3400 and the COVID-19 outbreak. 33 Seattle, WA 98101 2. On behalf of Defendants: 24
c/o Ryan, Swanson & about her work as the Infection
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] The Honorable Marsha J. Pechman 2 3 4 5 6 7 UNITED STATES DISTRICT COURT AT SEATTLE 9 10 DOUG BRIGGS, individually and as Personal Representative of THE ESTATE OF BARBARA _ | NO. 2:21-cv-00740-MJP DREYFUSS, JOINT AGREED PRETRIAL 12 Plaintiff, ORDER 13 V. 14 LIFE CARE CENTERS OF AMERICA, INC., a foreign corporation; LAKE VUE OPERATIONS, LLC, a foreign limited liability company; 16 Defendants. 17] DARCY KOVACS, individually and as Personal Representative of THE ESTATE OF ROBIN NO, 2:21-cv-00741-MJP 18 HAMRICK, 19 Plaintiff, 20 V. LIFE CARE CENTERS OF AMERICA, INC., a foreign corporation; LAKE VUE OPERATIONS, LLC, a foreign limited liability company. 23 Defendants. 24 /// 25 /// 26
JOINT AGREED PRETRIAL ORDER - 1 D Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP a 1201 Third Avenue, Suite 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
] Pursuant to LCR 16, the parties jointly submit this pretrial order. 3 Jurisdiction is vested in this Court by virtue of 28 U.S.C. § 1332(a) because there is 4] complete diversity between the parties and the amount in controversy exceeds $75,000. Plaintiffs are both citizens of the State of Washington. Defendants Life Care Centers of 6 America, Inc. and Lake Vue Operations, LLC are citizens of the State of Tennessee. Defendant Ele Basham was a citizen of the State of Georgia upon the removal of this case. 9 The Plaintiffs will pursue at trial the following claims: 10 1. Medical negligence; 11 2. Abuse of Vulnerable Adults Act, RCW 74.34 et. seq. 13 The following facts are admitted by the parties: 14 1. Robin Hamrick was admitted to Life Care Centers of Kirkland on May 7, 2019. 15 Ms. Hamrick died on March 14, 2020. 16 2. Barbara Dreyfuss was admitted to Life Care Centers of Kirkland on May 20, 2019. Ms. Dreyfuss died on March 1, 2020. 18 3. Doug Briggs was appointed as the personal representative for the Estate of Barbara Dreyfuss by King County Superior Court on August 18, 2020. 20 4. Darcy Kovacs was appointed as the personal representative for the Estate of 21] Robin Hamrick by King County Superior Court on September 28, 2020. 22 5. Life Care Centers of Kirkland is a long-term care facility located in King 23 County, Washington. 25 The Court has already made factual determinations on Defendants’ Motion for 26 Summary Judgment. The remaining determinations will be made by a jury.
CaseNo22be-0040MIP i 1501 tr er, Ste 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
2 The names and addresses of the expert witnesses to be used by each party at the trial 3 and the issue upon which each will testify is: 4 1. On behalf of Plaintiffs:
6 Testimon John J. Cascone, MD Dr. Cascone is expected to | Will be testifying via Zoom 1801 W. 32" Street, testify about his years of Bldg. C; Suite 210 experience with infectious Joplin, MO 64804 diseases and working in long-term-care facilities. He ? is expected to testify about 19 Susan K. Smith, DNP, RN, Ms. Smith is expected to Will be testifying via Zoom CEN, CCRN, CNLCP, testify about her years of 11] CWOCN experience in nursing and 4498 Meadow Wood Lane experience addressing Warriors Mark, PA 16877 Covid-19 in healthcare facilities. 13 14 2. On behalf of Defendants:
Testimon Morgan Katz, MD, MHS Dr. Katz will testify about Will be testifying Assistant Professor her extensive experience as Division of Infectious an epidemiologist in long- 18 Diseases term care facilities, and will Johns Hopkins University testify about the state of 19|| | School of Medicine information known about MPL building, Center tower | COVID-19, the nature of John Hopkins Bayview transmission, and the Campus difficulty for long term care 211) Eastern Avenue, Suite 360 facilities to deal with Baltimore, MD 21224 COVID-19 Peter Hashisaki, MD Dr. Hashisaki will testify Will be testifying 23 9023 NE 47th St. about his experience as Bellevue, WA 98004 Chair of the Infectious 24 Disease department at Overlake Hospital in 25 January and February 2020, 2% the lack of testing for
JOINT AGREED PRETRIAL ORDER - 3 □ Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP 1201 Third Avenue, Suite 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
Testimon 2 COVID-19 and the impact 3 of this lack on stopping transmission, and his review 4 of Life Care of Kirkland’s infectious disease protocols. Connie E. Cheren, RN, Ms. Cheren will testify as to | Will be testifying 6 MSW her experience in assisting Quality Care Assurance skilled nursing facilities 7 2001 Breckenridge Lane with regulatory issues, Alpharetta, GA 30005 specifically what guidance 8 was available to nursing homes in January and 9 February 2020 10 Sabine Maria von Preyss- Dr. von Preyss-Friedman Will be testifying Friedman, MD, FACP, CMD | will testify about her 10573 — 14th Ave NW experience as a medical Seattle, WA director at greater Seattle 12 area nursing homes, the information nursing homes 13 received from local and 14 federal health agencies, and what her buildings did in 15 response to review of what happened at Life Care of 16 Kirkland 17 3. The parties reserve the right to call any expert witness disclosed by the other 18 party to testify. 20 The names and addresses of witnesses, other than experts, to be used by each party at the time of trial and the general nature of the testimony of each are: 22 1. On behalf of Plaintiffs: °3 74 | Doug Briggs Mr. Briggs may be called to testify | Will be testifying. 10214 NE 139" Street about Ms. Dreyfuss, allegations in Kirkland, WA 98034 the Complaint, damages, and about his experiences with LCCK 26
JOINT AGREED PRETRIAL ORDER - 4 □ Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP 1201 Third Avenue, Suite 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
] Darcy Kovacs Ms. Kovacs may be called to testify | Will be testifying. 2 16050 NE 27" Street about Ms. Hamrick, allegations in 3 Bellevue, WA 98008 the Complaint, damages, and her experiences with LCCK 4|| Diana Briggs Ms. Briggs may be called to testify | Will be testifying. 10214 NE 139" Street about Ms. Dreyfuss, allegations in 5 Kirkland, WA 98034 the Complaint, damages, and about 6 her experiences with LCCK Meri Dreyfuss Meri Dreyfuss may be called to Will be testifying via 233 Rountree Way testify about allegations in the Zoom. San Rafael, CA 94903 Complaint, Barbara Dreyfuss and 8 damages Hilary Dreyfuss Hilary Dreyfuss may be called to Will be testifying via 1 Avondale Landing testify about allegations in the Zoom. 10 Alameda, CA 94502 Complaint, Barbara Dreyfuss, and damages 11 Alice Cortez Ms. Cortez is expected to testify Will be testifying via about her role as LCCK’s Infection | video deposition. 12 Prevention and Control Specialist; 3 LCCK’s infection control policies, procedures, and actions; and her 14 knowledge concerning the outbreak at LCCK in early 2020 15 Ellie Basham Ms. Basham is expected to testify Will be testifying live. about her role as LCCK’s 16 Executive Director . about his role as LCCK’s Director | Gruschow’s deposition. 18 of Nursing Services
19 Ngim “Christy” Ms. Carmichael was a physician Expected to testify. Carmichael, P.A. assistant who cared for residents in | Plaintiff attempting to 2011! clo Ryan, Swanson & January and February 2020 who is__| subpoena. 91 Cleveland, PLLC expected to testify about her 1201 Third Ave., Ste experience in caring for residents 22 || | 3400 and the COVID-19 outbreak. 33 Seattle, WA 98101 2. On behalf of Defendants: 24
c/o Ryan, Swanson & about her work as the Infection
JOINT AGREED PRETRIAL ORDER - 5 □ Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP 1201 Third Avenue, Suite 3400 Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
1 | | Name and Address Nature of Expected Testimon Trial Testimon Cleveland, PLLC Prevention and Control nurse, the 1201 Third Ave., Ste 3400 | policies in place at Life Care of 3 Seattle, WA 98101 Kirkland, and her knowledge of and actions in regard to the 4 COVID-19 outbreak Ellie Basham Ms. Basham was the facility Will testify 6 c/o Ryan, Swanson & executive director who is Cleveland, PLLC expected to testify about her 7||| 1201 Third Ave., Ste 3400 | experience at the facility with the Seattle, WA 98101 COVID-19 outbreak Dr. Dhihendra Kumar Dr. Kumar was a physician who | Will testify c/o Ryan, Swanson & cared for residents in January and 9 Cleveland, PLLC February 2020 and was the 10 1201 Third Ave., Ste 3400 | facility medical director who is Seattle, WA 98101 expected to testify about his 11 experience in caring for residents, the facility’s infection control 12 protocols and the COVID-19 1 outbreak 3 Nancy Butner Ms. Butner is a Life Care regional | May testify c/o Ryan, Swanson & employee who is expected to Cleveland, PLLC testify about knowledge of the 1201 Third Ave., Ste 3400 | positive COVID-19 test in late Seattle, WA 98101 February 2020 and the facility’s 16 response 17 3. Inclusion of any witness on either of the above lists does not constitute a waiver 18 by either party to object to and/or seek exclusion of any of the above-named witnesses. 20 See attached Exhibit A. All parties reserve the right to offer and use additional exhibits 21] for purposes of rebuttal or impeachment. The parties reserve the right to offer any exhibit 22 identified by the other party. The parties reserve the right to withdraw or not offer any exhibit 23 identified in Exhibit A. 25 Plaintiffs will use the deposition of Bill Gruschow at trial. Pursuant to LCR 32(e), 26 Plaintiffs have provided Defendants with a copy of Mr. Gruschow’s deposition transcript with
JOINT AGREED PRETRIAL ORDER - 6 D Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP S 1201 Third Avenue, Suite 3400 bs j Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
1 relevant portions highlighted. Defendants have counter-designated by highlighting the copy of Mr. Gruschow’s deposition transcript. 4 1. This case is scheduled for trial before a jury on May 10, 2023, at 9:00 a.m. 5 2. Trial briefs have been submitted to the court. 6 3. Jury instructions have been finalized. 7 This order has been approved by the parties as evidenced by the signatures of their counsel. 8 This order shall control the subsequent course of the action unless modified by a subsequent order. 9 This order shall not be amended except by order of the court pursuant to agreement of the parties 10 or to prevent manifest injustice. 11 DATED this 10th day of May, 2023. 12 Val 14 Marsha J. Pechman 15 United States Senior District Judge 16 17 18 19 20 21 22 23 24 25 26
□□□□□□□□□□□□□□□□□□□□□ i 120! Third evs Sute Seattle, WA 98101-3034 206.464.4224 | Fax 206.583.0359
1 Form Approved: 2 /4s/ Kristin Nealey Meier Kristin Nealey Meier, WSBA #33562 Brian D. Ernst, WSBA #57038 4 David L. Tift, WSBA #13213 RYAN, SWANSON & CLEVELAND, PLLC 5 1201 Third Avenue, Suite 3400 Seattle, Washington 98101-3034 6 Phone: (206) 464-4224; Fax: (206) 583-0359 7 kmeier@ryanlaw.com; tift@ryanlaw.com ernst@ryanlaw.com g || Counsel for Defendants 9 4s/ Tad Thomas, Esq. THOMAS LAW OFFICES, PLLC 10 || Tad Thomas, Esq. | KY Bar No. 88577 Brian M. Jasper, Esq. | KY Bar No. 94428 1] || Leslie Pescia, Esq. | KY Bar No. 99675 9418 Norton Commons Boulevard, Ste. 200 Prospect, Kentucky 40059 Telephone: (502) 473-6540 13 tad@thomaslawoffices.com brian.jasper@thomaslawoffices.com leslie._pescia@thomaslawoffices.com Counsel for Plaintiffs 13] and 16 4/ Jeffrey D. Bovd Jeffrey D. Boyd, WSBA #41620 17 Deborah M. Nelson, WSBA #23087 Nelson Boyd, PLLC 18 601 Union Street, Ste. 2600 Seattle, WA 98101 19 T: 206.971.7601; F: 206.577.5035 boyd@nelsonboydlaw.com 29 nelson@nelsonboydlaw.com beth@nelsonboydlaw.com 31 Co-Counsel for Plaintiffs 22 23 24 25 26
JOINT AGREED PRETRIAL ORDER - 8 D Ryan, Swanson & Cleveland, PLLC Case No. 2:21-cv-00740-MJP a 20rd Benue, Suite 3400 306.464.4224 | Fax 206.583.0359