Parker v. Dignity Health

Opinion

Nevada Bar No. 10271 Nevada Bar No. 14979C 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 702.893.3383 FAX: 702.893.3789 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA CDS TRINA PARKER, as an individual; CASE NO. 2:18-cv-02291-RFB-BNW 1 Plaintiff, THIRD SUPPLEMENTAL JOINT PRE- vs. DIGNITY HEALTH d/b/a ST. ROSE CAMPUS, as a Corporation; SCOTT R. FERGUSON, M.D., as an individual, Defendants. Following pre-trial proceedings in this case, IT IS ORDERED: I. Plaintiff’s Description of the Nature of the Action: This is a medical malpractice case arising out of the care and treatment provided to Plaintiff by Defendants at St. Rose Hospital – Siena on December 4, 2017. Plaintiff claims the care and treatment and/or lack thereof provided by Defendants on December 4, 2017, caused her to undergo an above- the-knee amputation of her left lower extremity and caused her right foot drop. Plaintiff 1 identified to testify in the case. Plaintiff's claims include: professional negligence, violation of 42 U.S.C. § 1395 and respondeat superior. Defendants’ Description of the Nature of the Action: This is a medical malpractice case arising out of the care and treatment provided to Plaintiff by Defendants on December 4, 2017. Plaintiff was provided an appropriate medical screening examination and treatment upon her presentation to St. Rose Hospital that did not reveal an emergent medical condition. Plaintiff was appropriately transferred to Seven Hills Hospital for inpatient psychiatric evaluation and treatment, where she developed acute limb ischemia that required further medical treatment at St. Rose Hospital. Defendants include: Dignity Health d/b/a St. Rose Dominican Hospital - Siena Campus and Scott Ferguson, M.D. Defendants deny liability in this matter. The facts have shown that Plaintiffs alleged injuries were not caused by Defendants’ alleged negligence. e—Defendant Dignity Health d/b/e St Rese Deminiean Hespital Siena Campus: this Defendant upen-whieh +elef ean be -granted- Fhe-injuries_i#-eany_complained of by Plaintiff inthe Second Amended Complaint were—preximately_eaused_by_the_aets_or emissions_of unknown third_paries_or other persens-overwhem-this Defendant exercised ne control and ever whe this Defendanthed no-rightor duty □□ contre ner ever has had aright er duty te exercise conireh 2 The order was modified by the Court to comport with Local Rules 16-3 and 16-4, which do not include assertions of

carelessness and negligence of the Plaintiff. The risks and consequences, if any, attendant to the recommendations and treatment proposed by this Defendant were fully explained to the Plaintiff who freely consented to such treatment and thereby assumed risks involved in such matter. The damages, if any, alleged by Plaintiff was not the result of any acts of omission, or commission, or negligence, but were the results of known risks which were consented to by the Plaintiff, such risks being inherent in the nature of the care rendered and such risks were assumed by the Plaintiff when they consented to treatment. In all medical attention rendered by this Defendant to Plaintiff, this Defendant possessed and exercised that degree of skill and learning ordinarily possessed and exercised by the members of his/her profession in good standing, practicing in similar localities, and that at all times this Defendant used reasonable care and diligence in the exercise of his/her skills and the application of his/her learning, and at all times acted according to his/her best judgment; that the medical treatment administered by this Defendant was the usual and customary treatment for the physical condition and symptoms exhibited by Plaintiff, and that at no time was this Defendant guilty of negligence or improper treatment; that, on the contrary, this Defendant did perform each and every act of such treatment in a proper and efficient manner and in a manner most thoroughly approved and followed by the medical profession generally and under the circumstances and conditions as they existed when such medical attention was rendered. The injuries complained of in the Second Amended Complaint, if any, were not the result of willful, malicious or deliberate conduct on the part of this answering Defendant. to defend this action and a reasonable sum should be allowed Defendant for attorneys’ fees, together with costs of suit incurred herein. Defendant is liable for only that portion of the Plaintiff’s claims that represents the percentage of negligence, if any, attributed to Defendant. Plaintiff has failed to plead any acts or omissions of this answering Defendant sufficient to constitute punitive damages. Plaintiff failed to file her Second Amended Complaint before the running of the applicable statute of limitation, thereby barring their claims for relief. Plaintiff’s Second Amended Complaint, and each claim asserted therein and the relief sought, is barred by the statute of frauds. Plaintiff’s action is barred and/or diminished by the doctrines of waiver, laches, estoppel, and/or unclean hands. The incident alleged in the Second Amended Complaint and the resulting damages, if any, to Plaintiff were proximately caused or contributed to by Plaintiff’s own negligence, and such negligence was greater than the alleged negligence of Defendant. If Plaintiff has sustained any injuries or damages, such were the result of intervening and/or superseding events, factors, occurrences, or conditions, which were in no way caused by Defendant, and for which Defendant is not liable. Plaintiff is barred from recovering any special damages herein as a result of the Defendant alleges that Plaintiff has a duty to mitigate her damages and has failed to do so. To the extent Plaintiff has been reimbursed from any source for any special damages claimed to have been sustained as a result of the incidents alleged in Plaintiff’s Second Amended Complaint, Defendant may elect to offer those amounts into evidence and, if Defendant so elects, Plaintiff’s special damages shall be reduced by those amounts pursuant to NRS 42.021. Plaintiff has failed to join all necessary parties. Defendant alleges that at all times mentioned in Plaintiff’s Second Amended Complaint, Plaintiff was suffering from a medical condition(s) which Defendant did not cause, nor was Defendant responsible for said medical condition(s). Defendant asserts that the Second Amended Complaint, or certain claims therein, should be dismissed on the basis that Plaintiff has not complied with NRS 41A.071. Defendant is entitled to all protections, benefits, and set offs available to Defendant in medical malpractice actions under NRS Chapters 41, 41A, and 42. Pursuant to N.R.C.P. 11, as amended, all possible Affirmative Defenses may not have been alleged herein insofar as sufficient facts were not available after reasonable inquiry upon the filing of Defendant’s Answer, and therefore, Defendant reserves the right to amend his Answer to allege additional Affirmative Defenses if subsequent investigation warrants. Defendant hereby incorporates by reference those affirmative defenses enumerated in Rule 8 of the Nevada Rules of Civil Procedure as if fully set forth herein. In the event further investigation or discovery reveals the applicability of any such defenses, Defendant reserves the right to seek leave of Court to amend its Answer to specifically assert the same. Such defenses are herein incorporated by reference for the specific purpose of not waiving the same. TWENTY-FIFTH AFFIRMATIVE DEFENSE Plaintiffs fail to state a claim for attorneys' fees and costs under the Emergency Medical Treatment and Active Labor Act, 42 U.S.C.§1395DD (EMTALA). TWENTY-SIXTH AFFIRMATIVE DEFENSE Plaintiff fails to state a claim for punitive damages under EMTALA. Plaintiff fails to state a claim for civil monetary penalties under EMTALA. Plaintiff fails to state a claim for joint and several liability for all defendants under Defendant acted in good faith and without improper motive such that no claim lies under EMTALA. THIRTIETH AFFIRMATIVE DEFENSE Any treatment of Plaintiff beyond that which Defendant provided was beyond the “stabilization” standards reasonably imposed by EMTALA, and therefore no claim lies under EMTALA. THIRTY-FIRST AFFIRMATIVE DEFENSE Defendant provided emergency medical services to Plaintiff within its capabilities and therefore is not subject to liability under EMTALA. / / / THIRTY-SECOND AFFIRMATIVE DEFENSE Defendant provided an appropriate medical screening to Plaintiff within its capabilities in an even handed and uniform manner that was consistent with its regular practice and reasonably calculated to determine whether or not an emergency medical condition existed and therefore is not subject to liability under EMTALA. The Plaintiff did not request, or withdrew the request for, further treatment, stabilization, and screening, thereby excusing Defendant from further compliance with Defendant did not treat Plaintiff differently from other patients at the time alleged and within its service capabilities. THIRTY-FIFTY AFFIRMATIVE DEFENSE The screening provided to Plaintiff did not reveal an emergency medical condition, thereby precluding any liability under EMTALA. THIRTY-SIXTH AFFIRMATIVE DEFENSE Plaintiff was not in fact experiencing an emergency medical condition, thereby precluding liability under EMTALA. THIRTY-SEVENTH AFFIRMATIVE DEFENSE Plaintiff cannot state a cause of action for faulty or inadequate but otherwise uniform screening under EMTALA as a matter of law. THIRTY-EIGHTH AFFIRMATIVE DEFENSE Plaintiff was stable or was stabilized at the time alleged, thus precluding liability against the Hospital under EMTALA. Plaintiffs cannot state a cause of action for failure to stabilize Plaintiff beyond the initial time of her “coming to” the Hospital under EMTALA as a matter of law. upon which relief may be granted as to any claim for vicarious liability for treatment provided by co defendant or non parties. FORTY-FIRST AFFIRMATIVE DEFENSE Plaintiff failed to file any claim for vicarious liability for treatment provided by co defendant or non parties before the running of the applicable statute of limitation, thereby barring such claims for relief. Plaintiffs’ damages, if any, may be the result of action for which subrogation and/or indemnification agreements may exist and apply, making the answering Defendant partially or wholly protected from any such finding and/or judgment. b. Defendant Dignity Health defenses to be abandoned: Defendant Dignity Health is abandoning its Twelfth and Thirteenth Affirmative Defenses.. c. Defendant Scott R. Ferguson, M.D.: FIRST AFFIRMATIVE DEFENSE Plaintiff’s Second Amended Complaint fails to state a claim on which relief may be granted. SECOND AFFIRMATIVE DEFENSE Plaintiff’s damages, if any, were not proximately caused by this Answering Defendant’s conduct. THIRD AFFIRMATIVE DEFENSE Plaintiff is comparatively at fault; Plaintiff’s recovery, if any, should be reduced in proportion to Plaintiff’s fault, or in the event Plaintiff’s fault exceeds that of this Answering Defendant, Plaintiff is not entitled to any recovery. FOURTH AFFIRMATIVE DEFENSE Plaintiff’s injuries and damages, if any, are the result of forces of nature over which this Answering Defendant have no control or responsibility. Plaintiff is barred from asserting any claims against this Answering Defendant because the alleged damages were the result of one or more unforeseeable intervening and superseding causes. Plaintiff is barred from bringing this action for failure to comply with applicable contractual remedies and requirements, including arbitration, if applicable. Plaintiff’s failure to comply with the contractual remedies and requirements notwithstanding, this Answering Defendant reserves its right to enforce any applicable arbitration provision. The damages, if any, incurred by Plaintiff were not attributable to any act, conduct, or omission on the part of this Answering Defendant. This Answering Defendant denies that it was culpable in any matter or in any degree with respect to the matters set forth in Plaintiff’s Complaint. Plaintiff’s claims are barred due to the applicable statute of limitations applicable to each cause of action, and/or the doctrines of estoppel, laches and/or unclean hands. Plaintiff’s damages, if any, were caused in whole or part by the negligence of third parties over which this Answering Defendant had no control. Plaintiff failed to take reasonable efforts to mitigate her damages, if any, and is therefore barred from recovering any damages from this Answering Defendant. Plaintiff’s maladies and injuries, if any, were caused by inevitable disease processes and not by any act of this Answering Defendant. provisions contained within NRS Chapter 41A and/or NRS 42.021. This Answering Defendant denies each and every allegation of Plaintiff’s Complaint not specifically admitted or otherwise pled herein. Plaintiff failed to comply with NRS 41A.071. Plaintiff’s non economic damages, if any, may not exceed $350,000, pursuant to NRS 41A.035. To the extent Plaintiff is entitled to recover any damages from this Answering Defendant, this Answering Defendant may be held severally liable only for that portion of any judgment which represents the percentage of negligence attributable this Answering Defendant, pursuant to NRS 41A.045 and NRS 41.141. To the extent Plaintiff is entitled to recover any future damages from this Answering Defendant, this Answering Defendant may satisfy that amount through periodic payments pursuant to NRS 42.021. Plaintiff failed to name an indispensable party whose presence is indispensable to full relief. Pursuant to N.R.C.P. 11, as amended, all affirmative defenses have not been alleged herein insofar as sufficient facts are not available after reasonable inquiry upon the filing of this Answering Defendant’s Answer. This Answering Defendant reserves the right to allege additional affirmative defenses subsequently, if investigation so warrants. by Plaintiff can and do occur in the absence of negligence. The facts alleged by Plaintiff are insufficient to state a prayer for relief for punitive damages. Plaintiff is not entitled to recover punitive damages. Plaintiff’s claim for punitive damages against this Answering Defendant is barred. Imposition of such damages under NRS. 42.005, et seq., would be a denial of due process and equal protection under the law and such an award would violate these Answering Defendants’ rights under Article 1, sections 8, 9 and 10 of the United States Constitution, the Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, and Article 1, sections 6 and 8 of the Nevada Constitution. This Answering Defendant hereby incorporate by reference those affirmative defenses enumerated in Rule 8 of the Nevada Rules of Civil Procedure as if fully set forth herein, for the specific purpose of not waiving any such defenses. In the event further investigation or discovery reveals the applicability of any such defenses, or any other affirmative defenses, this Answering Defendant reserves the right to seek leave of court to amend this Answer to specifically assert any such defense. II. Jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1331 as Plaintiff’s Complaint includes a cause of action against Defendant Dignity Health dba St. Rose Dominican Hospital – Siena Campus, claiming 42 U.S.C. § 1395dd(a) (“EMTALA”) was violated. Accordingly, the case requires the interpretation of federal law. Jurisdiction for all remaining counts of this Complaint is based on pendant Venue is properly conferred on this Court pursuant to 15 U.S.C. § 15 and 28 U.S.C. § 1391(b) because the Defendants are subject to personal jurisdiction in this District and because a substantial part of the events giving rise to the claims alleged herein took place in this District. The following facts are admitted by the Parties and therefore require no proof: 1. Plaintiff presented to the Emergency Department at St. Rose Dominican Hospital – Siena on December 4, 2017. 2. At all relevant times, Dr. Ferguson was and is a physician licensed in Clark County, Nevada. 3. At all relevant times, Dr. Ferguson was not an employee of Defendant Dignity Health. IV. The following facts, though not admitted, will not be contested at trial: 1. Plaintiff was transported by ambulance to St. Rose Dominican Hospital – Siena Campus on December 4, 2017. 2. Plaintiff was transferred to Seven Hills Hospital on December 4, 2017. 3. Plaintiff was transferred from Seven Hills Hospital to St. Rose Hospital – Siena on December 6, 2017. 4. Plaintiff was admitted to St. Rose Hospital – Siena on December 6, 2017. 5. Plaintiff underwent an above-the-knee amputation of her left lower extremity on December 18, 2017. / / / V. ISSUES OF FACT TO BE TRIED AND DETERMINED AT TRIAL 1. Whether Plaintiff had an emergency medical condition when she presented to the hospital on December 4, 2017; 2. Whether Plaintiff received an appropriate medical screening examination on December 4, 2017 in accordance with 42 U.S.C. § 1395dd(a); 3. Whether Plaintiff suffered personal harm as a result of the alleged failure of Dignity Health d/b/a St. Rose Dominican Hospital-Siena to provide Plaintiff a proper medical screening examination; 4. Whether Defendants breached the standard of care in their care and treatment of Plaintiff on December 4, 2017; 5. If Defendants’ care and treatment of Plaintiff on December 4, 2017, fell below the standard of care, whether Defendants’ breach caused Plaintiff to undergo an above the knee amputation of Plaintiff’s left lower extremity; 6. If Defendants' care and treatment of Plaintiff on December 4, 2017, fell below the standard of care, whether Defendants' breach caused Plaintiff’s right foot drop; 7. Whether Plaintiff’s injuries and damages, if any, were caused by the actions or omissions of a third party, or parties, and/or persons or entities, over whom Defendants had no control; 8. The reasonable and necessary medical expenses incurred by Plaintiff as a result of the subject incident; 9. The sum of money (if any) sufficient to reasonably and fairly compensate Plaintiff for her alleged physical and mental pain, suffering, anguish and disability endured from the date of the subject 10. The sum of money (if any) sufficient to reasonably and fairly compensate Plaintiff for her future physical and mental pain, suffering, anguish and disability that she will more likely than not experience as a result of the subject accident; 11. Whether Plaintiff was already suffering from a condition and/or disability at the time of the subject accident that caused her left leg amputation, right foot drop, and/or other claimed injuries; 12. Whether Plaintiff’s pre-existing condition and/or disability, , was aggravated as a result of the subject incident. If so, the amount of damages attributed to the addition injury caused by the aggravation; 13. The amount of money (if any) sufficient to reasonably and fairly compensate Plaintiff for the Defendants’ alleged negligence. 14. Whether Defendants acted with oppression or malice, express or implied, and if so the amount of damages appropriate to punish Defendants and deter them from such future conduct. VI. ISSUES OF LAW TO BE TRIED AND DETERMINED AT TRIAL The following are issues of law to be tried and determined at trial: 1. Whether Plaintiff is entitled to an award for actual, consequential, punitive and compensatory and any other damages deemed appropriate against Defendants; 2. The duty that was owed to Plaintiff under EMTALA; 3. Whether Defendants’ screening of Plaintiff was EMTALA compliant; 4. Whether any damages available under EMTALA are governed by the Nevada Revised Statutes (NRS), Chapter 41A Actions for Professional Negligence, including but not limited to NRS 41A.035; 5. Whether any damages available under EMTALA are governed by NRS 6. Whether Defendant Dignity Health is vicariously liable for the acts and/or omissions of Defendant Scott Ferguson, M.D.; 7. Whether the subject incident was the proximate cause of Plaintiff’s damages; 8. Whether Defendants breached a duty of care owed to Plaintiff on December 4, 2017; and 9. If Defendants did in fact breach their duty to Plaintiff on December 4, 2017, whether the breach was the proximate cause of the Plaintiff's alleged injuries. A. The following exhibits are stipulated into evidence in this case and may be so marked by the clerk: 1. Medical Records from Seven Hills Behavioral Institute (Bates SDT- SH-0001-0144); 2. Medical records from Dignity Health d/b/a St. Rose Dominican Health Hospital-Siena Campus, (SRS0001-3748); 3. Imaging from St. Rose Dominican Hospital – Siena Campus from 12/06/17 and 12/07/17; 4. Policy and Procedure – Emergency Medical Treatment and Labor Act (EMTALA) Corporate Policy(P&P000001-000013). 5. Policy and Procedure – Legal 2000 (L2K) Patient Assessment & Monitoring; ( P&P000014-000022). B. As to the following exhibits, the parties against whom the same will be offered objects to their admission on the grounds stated. 1. Plaintiff’s Exhibits: (a) Medical Records from VA (SDT-VASNHS-0001-785 ). unauthenticated inadmissible hearsay. (b) Fremont Emergency Services Records (FES2-0001-0002). Defendants object to the Fremont Emergency Services Records (FES2-001-0002) as irrelevant, unauthenticated, inadmissible hearsay. (c) CMS Report dated 2/22/19 (pages 1-16). Defendants object to the CMS Report as inadmissible double hearsay that lacks foundation, relevance, and authentication. The probative value of the exhibit is substantially outweighed by the danger of unfair prejudice, confusion of the issues and waste of time. The exhibit also improperly makes legal conclusions, invades the province of the jury, is cumulative in nature, and is untrustworthy. 2. Defendants’ Exhibits: (a) Las Vegas Metropolitan Police Department records (LVMPD- 0001-0017). Plaintiff objects to the admissibility of this exhibit as it is irrelevant, unfairly prejudicial, likely to confuse and mislead the jury, and likely to cause undue delay and waste the time of the court, the jury, and the parties and is therefore inadmissible under FRE 401 and 403. Plaintiff further objects to the admissibility of this exhibit on the basis that it constitutes inadmissible character evidence prohibited by FRE 404. Plaintiff further objects to the admissibility of this exhibit on the basis that it is unauthenticated hearsay which is inadmissible pursuant to FRE 802 and 901. (b) Henderson Police Department records (SDT-HPD-0001-77). Plaintiff objects to the admissibility of this exhibit as it is the jury, and likely to cause undue delay and waste the time of the court, the jury, and the parties and is therefore inadmissible under FRE 401 and 403. Plaintiff further objects to the admissibility of this exhibit on the basis that it constitutes inadmissible character evidence prohibited by FRE 404. Plaintiff further objects to the admissibility of this exhibit on the basis that it is unauthenticated hearsay which is inadmissible pursuant to FRE 802 and 901. (c) Facebook Records (PFB-0001-30 & FACEBOOK-000001-19). Plaintiff objects to the admissibility of this exhibit as it is irrelevant, unfairly prejudicial, likely to confuse and mislead the jury, and likely to cause undue delay and waste the time of the court, the jury, and the parties and is therefore inadmissible under FRE 401 and 403. Plaintiff further objects to the admissibility of this exhibit on the basis that it constitutes inadmissible character evidence prohibited by FRE 404. Plaintiff further objects to the admissibility of this exhibit on the basis that it is unauthenticated hearsay which is inadmissible pursuant to FRE 802 and 901. (d) Letter from Department of Health & Human Services dated May 26, 2020 (CMS-0001-2). Plaintiff objects to the admissibility of this exhibit as it is irrelevant, unfairly prejudicial, likely to confuse and mislead the jury, and likely to cause undue delay and waste the time of the court, the jury, and the parties and is therefore inadmissible under FRE 401 and 403. Plaintiff further objects to the admissibility of this exhibit on the basis that it constitutes inadmissible character admissibility of this exhibit on the basis that it is unauthenticated hearsay which is inadmissible pursuant to FRE 802 and 901. (e) Dignity Health’s Responses to Plaintiff’s Interrogatories. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (f) Scott Ferguson, M.D.’s Responses to Plaintiff’s Interrogatories. Scott Ferguson, M.D.’s Responses to Plaintiff’s Interrogatories - Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (g) Plaintiff’s Responses to Dignity Health’s Interrogatories. (h) Plaintiff’s Responses to Dignity Health’s Requests for Production of Documents (i) Plaintiff’s Responses to Scott Ferguson, M.D.’s Interrogatories (j) Curriculum vitae, testimony history, fee schedule and expert report(s) of Karen Tomczak, RN.Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (k) Curriculum vitae, testimony history, fee schedule and expert report(s) of John Hyde. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances (l) Curriculum vitae, testimony history, fee schedule and expert report(s) of Karl Volk. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (m) Curriculum vitae, testimony history, fee schedule and expert report(s) of Michael Arambula, M.D. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (n) Curriculum vitae, testimony history, fee schedule and expert report(s) of Michael Jobin, M.D. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (o) Curriculum vitae, testimony history, fee schedule and expert report(s) of Rhonda Renteria, RN, CLCP. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (p) Curriculum vitae, testimony history, fee schedule and expert report(s) of Richard Bock, M.D. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (q) Curriculum vitae, testimony history, fee schedule and expert report(s) of Rich Chavez. Plaintiff objects to the introduction of admitted into evidence under the limited circumstances allowed by FRE 801. (r) Curriculum vitae, testimony history, fee schedule and expert report(s) of Ryan Kotton, M.D. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (s) Curriculum vitae, testimony history, fee schedule and expert report(s) of Scott Kush. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (t) Curriculum vitae, testimony history, fee schedule and expert report(s) of John Levin, M.D. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (u) Curriculum vitae, testimony history, fee schedule and expert report(s) of Samuel Wilson, M.D. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. (v) Curriculum vitae, testimony history, fee schedule and expert report(s) of Lawrence Sporty, M.D. Plaintiff objects to the introduction of this exhibit by Dignity Health as it is hearsay and may only be admitted into evidence under the limited circumstances allowed by FRE 801. whether that party attempts to de-list the exhibit or fails to use it at the time of trial. Plaintiff reserves her right to object to any and all exhibits referenced in this subsection as set forth herein in response to each individually identified exhibit. (x) Demonstrative exhibits. Plaintiff objects to the admissibility of this exhibit as its description herein is so vague and ambiguous as to prevent Plaintiff from knowing its contents and/or forming an opinion as to its admissibility. Plaintiff further objects to the admissibility of this exhibit as no such exhibit has been produced by Defendants and Defendants are not entitled to conduct trial by ambush. (y) Medical Illustrations. Plaintiff objects to the admissibility of this exhibit as its description herein is so vague and ambiguous as to prevent Plaintiff from knowing its contents and/or forming an opinion as to its admissibility. Plaintiff further objects to the admissibility of this exhibit as no such exhibit has been produced by Defendants and Defendants are not entitled to conduct trial by ambush. (z) Various Record Enlargements. Plaintiff objects to the admissibility of this exhibit as its description herein is so vague and ambiguous as to prevent Plaintiff from knowing its contents and/or forming an opinion as to its admissibility. Plaintiff further objects to the admissibility of this exhibit as no such exhibit has been produced by Defendants and Defendants are not entitled to conduct trial by ambush. (aa) Medical Animation. Plaintiff objects to the admissibility of this exhibit as its description herein is so vague and ambiguous as an opinion as to its admissibility. Plaintiff further objects to the admissibility of this exhibit as no such exhibit has been produced by Defendants and Defendants are not entitled to conduct trial by ambush. (bb) Impeachment Material. Plaintiff objects to the admissibility of this exhibit as its description herein is so vague and ambiguous as to prevent Plaintiff from knowing its contents and/or forming an opinion as to its admissibility. Plaintiff further objects to the admissibility of this exhibit as no such exhibit has been produced by Defendants and Defendants are not entitled to conduct trial by ambush. (cc) Any document listed by any other party. Plaintiff reserves her right to object to any and all exhibits referenced in this subsection as set forth herein in response to each individually identified exhibit. C. Electronic evidence The parties intend to present electronic evidence for purposes of jury deliberations. D. Depositions 1. Plaintiff will offer the following depositions: Plaintiff does not anticipate offering depositions. 2. Defendants will offer the following depositions: Defendants reserve the right to offer the following depositions: Kenneth Parker, pages 1- 57, all lines. Jane Parker, pages 1-49, all lines. E. Objections to Depositions 1. Defendant objects to Plaintiff’s depositions as follows: Not applicable. 2. Plaintiff objects to Defendant’s depositions as follows: Plaintiff objections that are waived for failure to raise said objection during the deposition. The following witnesses may be called by the parties at trial: A. Plaintiff’s Witnesses: 1. Trina Parker c/o Brandon L. Phillips, Esq. 1455 E. Tropicana Avenue, Suite 750 Las Vegas, NV 891ª9 2. Scott R. Ferguson, M.D. c/o LEWIS BRISBOIS Keith A. Weaver Danielle Woodrum 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 3. Person Most Knowledgeable and/or Custodian of Records for DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS c/o HALL PRANGLE & SCHOONVELD, LLC Tyson J. Dobbs, Esq. 1160 N. Town Center Dr., Ste. 200 Las Vegas, NV 89144 4. Oscar Soraluz, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 5. Thomas A. Damato, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 6. Roman Sibel, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS Henderson, Nevada 89052 7. Will W. Scamman, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 8. Jeromy Mendenhall, PAC, Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 9. Mustafa Rawaf, M DO, Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 10. Stacy J. Kim, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 11. Neel Dhudsha, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 12. Ryan Labuz, DO, Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 13. Matthew Ripplinger, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 14. Kaylan Jagarlamundi, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 15. Gilbert Nyamuswa, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 16. Jennifer Sikand, M.D. Employee of; DIGNITY HEALTH dba ST ROSE DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS 10001 S. Eastern Avenue, Suite 409 Henderson, Nevada 89052 17. Person Most Knowledgeable and/or Custodian of Records for Fremont Emergency Services PO BOX 638972 Cincinnati, OH 45262 18. Person Most Knowledgeable and/or Custodian of Records for Seven Hills Hospital 3021 W Horizon Ridge Pkwy, Henderson, NV 89052 19. Suresh Bhushan, M.D. Employee of; Seven Hills Hospital 3021 W Horizon Ridge Pkwy, Henderson, NV 89052 20. Alok Saxena, M.D. Employee of; Seven Hills Hospital 3021 W Horizon Ridge Pkwy, Henderson, NV 89052 21. Victoria Escarda, NP Employee of Seven Hills Hospital 3021 W Horizon Ridge Pkwy, Henderson, NV 89052 22. Person Most Knowledgeable and/or Custodian of Records for Community Ambulance PO BOX 98821 Las Vegas, NV 89193 23. Daniel Munoz, AEMT, Employee of Community Ambulance PO BOX 98821 24. Devin Chavez, AEMT, Employee of Community Ambulance PO BOX 98821 Las Vegas, NV 89193 25. Eric Thyr, AEMT, Employee of Community Ambulance PO BOX 98821 Las Vegas, NV 89193 26. Michael Garduno, Paramedic, Employee of Community Ambulance PO BOX 98821 Las Vegas, NV 89193 27. Sarah Derieth, Paramedic, Employee of Community Ambulance PO BOX 98821 Las Vegas, NV 89193 28. Caitlin Medina, AEMT, Employee of Community Ambulance PO BOX 98821 Las Vegas, NV 89193 29. Kim Shaw, Employee of St. Rose Dominican Hospitals – Siena Campus 3001 St. Rose Parkway Henderson, NV 89052 30. Aileen Renolyan Centers for Medicare & Medicaid Services 90 7th Street, Suite 5-300 San Francisco, CA 94103 31. Paula Perse Centers for Medicare & Medicaid Services 90 7th Street, Suite 5-300 San Francisco, CA 94103 32. Alex Garza Centers for Medicare & Medicaid Services 90 7th Street, Suite 5-300 San Francisco, CA 94103 33. Maureen Calacal Centers for Medicare & Medicaid Services San Francisco, CA 94103 34. Jane Parker 7745 Larchwood Way San Diego, California 92120 35. Ken Parker 7745 Larchwood Way San Diego, California 92120 36. Jackie Girard 2580 Lockerbie Street Henderson, Nevada 89044 37. Marc Farraye, M.D.- Expert Witness FarrayEMed Emergency Medicine 218 Sophia Terrace St Augustine FL 32095-6812, 38. Kevin B. Kirkendall, MBA Kirkendall Consulting Group, LLC 1522 West Warm Springs Henderson, NV 89014 39. Jon Burroughs, M.D. – Rebuttal Expert Witness The Burroughs Healthcare Consulting Network, Inc. 48 Forest Ledge Road PO Box 540 Glen, NH 03838 40. Joel Silberberg, M.D. – Rebuttal Expert Witness 4525 Dean Martin Drive, Ste. 1108 Las Vegs, NV 89103 41. Dr. James A. Burks, Jr, MD – Rebuttal Expert Witness Vascular and Endovascular Surgery 16350 Ventura Blvd Suite D156 Encino, CA 91436 42. Angela Hollis –Expert Witness 220 W. Main Street, Suite 2150 Louisville, Kentucky 40202 Plaintiff reserves the right to call any and all witnesses that have been identified by the Defendants. B. Defendant Dignity Health’s Witnesses:1 1. Trina Parker, Plaintiff c/o Brandon Phillips, Esq. BRANDON L. PHILLIPS, ATTORNEY AT LAW, PLLC 1455 E. Tropicana Ave., Suite 750 Las Vegas, Nevada 89119 2. Scott Ferguson, M.D. c/o LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 3. Mustafa Rawaf, D.O. 3016 W. Charleston Blvd. Las Vegas, Nevada 89102 4. Daniel Gowhari, D.O. 7391 W. Charleston Blvd., Suite 140 Las Vegas, Nevada 89118 5. Victoria Escarda, APRN Seven Hills Hospital 3021 W. Horizon Ridge Parkway Henderson, Nevada 89052 6. Alton Williams, CNA c/o Tyson Dobbs 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 7. Celeste, RN Seven Hills Hospital 3021 W. Horizon Ridge Pkwy. Henderson, NV 89052 8. Alok Saxena, M.D. Seven Hills Hospital 3021 W. Horizon Ridge Parkway 1 For purposes of judicial economy and efficiency, Defendant Dignity Health dba St. Rose Dominican Hospital has not re-listed every witness identified by Defendant Dr. Ferguson. Defendant reserves the right to call any witness previously disclosed in discovery or identified in this pre-trial order by Defendant Dr. Ferguson and/or Plaintiff Trina Parker. Henderson, Nevada 89052 9. Suresh Bhushan, M.D. 3021 W. Horizon Ridge Parkway Henderson, Nevada 89052 10. Emily Mazengwe, RN 3021 W. Horizon Ridge Parkway Henderson, Nevada 89052 11. Thomas Damato, M.D. 5320 S. Rainbow Boulevard, Suite 282 Las Vegas, Nevada 89118 12. James Chang, RN Seven Hills Hospital 3021 W. Horizon Ridge Pkwy. Henderson, Nevada 89052 13. Ervin Miller, RN Seven Hills Hospital 3021 W. Horizon Ridge Pkwy. Henderson, Nevada 89052 14. Elizabeth Wilkes, RN c/o Tyson Dobbs, Esq. HALL PRANGLE & SCHOONVELD, LLC 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 15. Stacey Marino, MSW c/o Tyson Dobbs, Esq. 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 16. Caroline Newby, RN c/o Tyson Dobbs, Esq. HALL PRANGLE & SCHOONVELD, LLC 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 17. Breyanna Williams, CNA c/o Tyson Dobbs, Esq. 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 c/o Tyson Dobbs HALL PRANGLE & SCHOONVELD, LLC 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 19. Carolyn Smith, RN c/o Tyson Dobbs 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 20. Amanda Dewitt, RN c/o Tyson Dobbs, Esq. HALL PRANGLE & SCHOONVELD, LLC 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 21. Aileen Cadora, CNA c/o Tyson Dobbs, Esq. 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 22. Kathleen Robinson, R.N. c/o Tyson Dobbs, Esq. HALL PRANGLE & SCHOONVELD, LLC 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 23. Ryan Kotton, M.D. 8436 West 3rd Street, Suite 601 Los Angeles, California 90048 24. Karl Erik Volk 1155 Alpine Road Walnut Creek, California 94596 25. Michael Jobin, M.D., F.A.C.E.P. 655 Leyden St. Denver, Colorado 80220 26. Michael Arambula, M.D., PharmD. 14800 US 281 North, Suite 110 San Antonio, Texas 78232 27. Karen Tomczak, MSN, RN, CEN 2244 Kenry Way 28. Richard Bock, M.D. 343 Racquet Club Road Asheville, North Carolina 28803 29. Rick Chavez, CPO 29558 Woodbruck Drive Agoura Hills, California 91301 30. Rhonda Renteria 315 N. Puente Street, Suite A Brea, California 92821 31. Scott Kush, M.D., J.D., M.P.H. 101 Jefferson Drive Melo Park, California 94025 32. John Hyde, Ph.D., FACHE 4301 Highway 35 North Forest, Mississippi 39074 33. Oscar Soraluz, M.D. 2900 W. Horizon Ridge Pkwy., Suite 221 Henderson, Nevada 89052 34. Stephanos Orphanidis, M.D. 1533 Via Cassia Henderson, Nevada 89052 35. M. Yukie, RN Seven Hills Hospital 3021 W. Horizon Ridge Pkwy. Henderson, Nevada 89052 36. Carolyn Pugh, RN c/o Tyson Dobbs HALL PRANGLE & SCHOONVELD, LLC 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 37. Gabe Fekete, RN c/o Tyson Dobbs HALL PRANGLE & SCHOONVELD, LLC 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 38. Stephen Reid, RN c/o Tyson Dobbs 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 39. Vicki Sanders, CNA c/o Tyson Dobbs 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 40. Genevieve Chua, RN c/o Tyson Dobbs HALL PRANGLE & SCHOONVELD, LLC 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 41. Cristina Pinkerton, RN c/o Tyson Dobbs HALL PRANGLE & SCHOONVELD, LLC 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 42. Andrew Allison, RN c/o Tyson Dobbs 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 . 43. Sarah Derleth, EMT Community Ambulance 91 Corporate Park Drive, #120 Henderson, NV 89074 44. Neel Dhudsha, M.D. c/o Tyson Dobbs, Esq. 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 45. Stacy Kim, M.D. c/o Tyson Dobbs, Esq. 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 46. Jeromy Mendenhall, PA 3175 St. Rose Pkwy., Suite 320 Henderson, Nevada 89052 47. Sibimol Sabu, RN c/o Tyson Dobbs 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 48. Sunsia Dechasit, RN c/o Tyson Dobbs HALL PRANGLE & SCHOONVELD, LLC 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 49. Andrew Grabin, RT c/o Tyson Dobbs 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 50. Heber Phillips, D.O. c/o Keith Weaver, Esq. LEWIS BRISBOIS BISGAARD & SMITH, LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 51. Roman Sibel, MD Orthopedic Foot & Ankle Institute 3175 St. Rose Pkwy., Ste. 320 Henderson, Nevada 89052 52. Ryan Labuz, DO Sound Physicians 3001 St. Rose Pkwy. Henderson, NV 89052 53. Dennis DeJesus, M.D. 11995 Singletree Lane, Suite 500 Eden Prairie, MN 55344 (952) 595-1100 54. Russell Gollard, M.D. 4750 W. Oakey Blvd., Suite 2B Las Vegas, NV 89102 55. Will W. Scamman, M.D. Associated Pathologists, Chartered at St. Rose Hospital 4230 Burnham Ave. Las Vegas, NV 89119 56. Neel Dhudshia, M.D. Cardiovascular Surgery of Southern Nevada 5320 S. Rainbow Blvd., Suite 282 Las Vegas, NV 89118 57. Marija Djokovic, APN c/o Keith Weaver, Esq. Lewis Brisbois Bisgaard & Smith, LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, NV 89118 58. Jane Parker 7745 Larchwood Way San Diego, CA 92120 59. Ken Parker 7745 Larchwood Way San Diego, CA 92120 C. Defendant Scott Ferguson, M.D.’s Witnesses:2 1. Trina Parker, Plaintiff c/o Brandon Phillips, Esq. BRANDON L. PHILLIPS, ATTORNEY AT LAW, PLLC 1455 E. Tropicana Ave., Suite 750 Las Vegas, Nevada 89119 2. Scott Ferguson, M.D. c/o LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 3. Amanda Dewitt, RN c/o Tyson Dobbs, Esq. HALL PRANGLE & SCHOONVELD, LLC 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 4. Mustafa Rawaf, D.O. 3016 W. Charleston Blvd. Las Vegas, Nevada 89102 2 For purposes of judicial economy and efficiency, Dr. Ferguson has not re-listed every witness identified by Defendant Dignity Health dba St. Rose Dominican Hospital. Dr. Ferguson reserves the right to call any witness previously disclosed in discovery or identified in this pre-trial order by Defendant Dignity Health dba St. Rose Dominican Hospital and/or Plaintiff Trina Parker. 5. Daniel Gowhari, D.O. 7391 W. Charleston Blvd., Suite 140 6. Victoria Escarda, APRN Seven Hills Hospital 3021 W. Horizon Ridge Parkway Henderson, Nevada 89052 7. Celeste, RN Seven Hills Hospital 3021 W. Horizon Ridge Pkwy. Henderson, NV 89052 8. Alok Saxena, M.D. Seven Hills Hospital 3021 W. Horizon Ridge Parkway Henderson, Nevada 89052 9. Suresh Bhushan, M.D. 3021 W. Horizon Ridge Parkway Henderson, Nevada 89052 10. Emily Mazengwe, RN 3021 W. Horizon Ridge Parkway Henderson, Nevada 89052 11. Thomas Damato, M.D. 5320 S. Rainbow Boulevard, Suite 282 Las Vegas, Nevada 89118 12. James Chang, RN Seven Hills Hospital 3021 W. Horizon Ridge Pkwy. Henderson, Nevada 89052 13. Ervin Miller, RN Seven Hills Hospital 3021 W. Horizon Ridge Pkwy. Henderson, Nevada 89052 14. Jane Parker 7745 Larchwood Way San Diego, California 92120 15. Kenneth Parker 7745 Larchwood Way 16. Marija Djokovic, APRN c/o Keith Weaver, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Blvd., Suite 600 Las Vegas, Nevada 89118 17. John Levin, M.D. 9609 Oak Pass Road Beverly Hills, California 90210 18. Samuel Wilson, M.D. 1436 Via Castilla Palos Verdes Estates, California 90274 19. Lawrence Sporty, M.D. 1901 Holly Tree Lane Santa Ana, California 92705 20. Ryan Kotton, M.D. 8436 West 3rd Street, Suite 601 Los Angeles, California 90048 21. Karl Erik Volk 1155 Alpine Road Walnut Creek, California 94596 22. Rick Chavez, CPO 29558 Woodbruck Drive Agoura Hills, California 91301 23. Rhonda Renteria 315 N. Puente Street, Suite A Brea, California 92821 24. Carlos Inzunza 424 15th Street, Suite 100 San Diego, CA 92101 25. Jenni McKenna 9065 S. Pecos Road Henderson, Nevada 89704 26. Jake Schumers 9065 S. Pecos Road Henderson, Nevada 89704 27. Scott Kush, M.D., J.D., M.P.H. Melo Park, California 94025 28. Stephanos Orphanidis, M.D. 1533 Via Cassia Henderson, Nevada 89052 29. M. Yukie, RN Seven Hills Hospital 3021 W. Horizon Ridge Pkwy. Henderson, Nevada 89052 . 30. Sarah Derleth, EMT Community Ambulance 91 Corporate Park Drive, #120 Henderson, NV 89074 31. Jeromy Mendenhall, PA 3175 St. Rose Pkwy., Suite 320 Henderson, Nevada 89052 32. Heber Phillips, D.O. c/o Keith Weaver, Esq. LEWIS BRISBOIS BISGAARD & SMITH, LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 33. Person(s) Most Knowledgeable/Custodian of Records Fremont Emergency Services c/o Keith A. Weaver, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 34. Vicki Sanders, CNA c/o Tyson Dobbs 1140 North Town Center Drive, Suite 350 Las Vegas, Nevada 89144 35. Kathleen Robinson, R.N. c/o Tyson Dobbs, Esq. HALL PRANGLE & SCHOONVELD, LLC 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 / / / / / / 36. Stacey Marino, MSW c/o Tyson Dobbs, Esq. 1160 N. Town Center Drive, Suite 200 Las Vegas, Nevada 89144 Defendants reserve the right to call any of Plaintiff’s witnesses listed in prior discovery disclosures or pre-trial order. Defendant also reserves the right to call any Custodian of Records necessary to authenticate documents. IX. The attorneys or parties have met and jointly offer these three trial dates: December 5, 2022, April 3, 2023 and August 14, 2023. It is expressly understood by the undersigned that the court will set the trial of this matter on one of the agreed-upon dates if possible; if not, the trial will be set at the convenience of the court’s calendar. X. It is estimated that the trial will take a total of 14 full court days. APPROVED AS TO FORM AND CONTENT: Dated: July 14, 2022 Dated: July __, 2022 BRANDON L. PHILLIPS, ATTORNEY HALL PRANGLE & SCHOONVELD, LLC /s/ Brandon L. Phillips /s/ Tyson J. Dobbs, Esq. BRANDON L. PHILLIPS, ESQ. TYSON J. DOBBS, ESQ. Nevada Bar No.: 12264 Nevada Bar No. 11953 1455 E. Tropicana Ave., Ste. 750 MICHAEL J. SHANNON, ESQ. Las Vegas, NV 89119 Nevada Bar No. 7510

1160 N. Town Center Dr., Ste. 200 Las Vegas, NV 89144 Dated: July 14, 2022 SMITH LLP /S/ KEITH WEAVER KEITH A. WEAVER Nevada Bar No. 10271 ALISSA N. BESTICK Nevada Bar No. 14979C 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118 XI. ACTION BY THE COURT This case is set for court/jury trial on the fixed/stacked calendar on December 5, 2022 at 9:00 a.m.. Calendar call will be held on November 23, 2022 at 9:30 a.m.. Dated: July _2_6__, 2022. UNITED STATES MAGISTRATE JUDGE DISTRICT