Parker v. Dignity Health

• Court: District Court, D. Nevada
• Decided: July 26, 2022
• Docket: 2:18-cv-02291
• Status: Unknown

Opinion

1 KEITH A. WEAVER Nevada Bar No. 10271 2 ALISSA N. BESTICK Nevada Bar No. 14979C 3 LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 4 Las Vegas, Nevada 89118 702.893.3383 5 FAX: 702.893.3789 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 CDS TRINA PARKER, as an individual; CASE NO. 2:18-cv-02291-RFB-BNW 1 11 Plaintiff, THIRD SUPPLEMENTAL JOINT PRE- 12 TRIAL ORDER vs. 13 DIGNITY HEALTH d/b/a ST. ROSE 14 DOMINICAN HEALTH HOSPITAL-SIENA CAMPUS, as a Corporation; SCOTT R. 15 FERGUSON, M.D., as an individual, 16 Defendants. 17 18 Following pre-trial proceedings in this case, 19 IT IS ORDERED: 20 I. 21 STATEMENT OF THE NATURE OF THE ACTION 22 A. PLAINTIFF’S STATEMENT 23 Plaintiff’s Description of the Nature of the Action: This is a medical malpractice 24 case arising out of the care and treatment provided to Plaintiff by Defendants at St. Rose 25 Hospital – Siena on December 4, 2017. Plaintiff claims the care and treatment and/or lack 26 thereof provided by Defendants on December 4, 2017, caused her to undergo an above- 27 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, 2 || violation of 42 U.S.C. § 1395 and respondeat superior. 3 B. DEFENDANTS’ STATEMENT 4 Defendants’ Description of the Nature of the Action: This is a medical malpractice 5 || case arising out of the care and treatment provided to Plaintiff by Defendants on 6 || December 4, 2017. Plaintiff was provided an appropriate medical screening examination 7 || and treatment upon her presentation to St. Rose Hospital that did not reveal an emergent 8 || medical condition. Plaintiff was appropriately transferred to Seven Hills Hospital for 9 || inpatient psychiatric evaluation and treatment, where she developed acute limb ischemia 10 || that required further medical treatment at St. Rose Hospital. Defendants include: Dignity 11 || Health d/b/a St. Rose Dominican Hospital - Siena Campus and Scott Ferguson, M.D. 12 || Defendants deny liability in this matter. The facts have shown that Plaintiffs alleged 13 || injuries were not caused by Defendants’ alleged negligence. 14 e—Defendant Dignity Health d/b/e St Rese Deminiean Hespital Siena 15 Campus: 16 FIRS TAFRIRMAHYE DEFENSE 17 18 || this Defendant upen-whieh +elef ean be -granted- 19 SEGOND-AFRIRMA HVE DEFENSE 20 Fhe-injuries_i#-eany_complained of by Plaintiff inthe Second Amended Complaint 21 || were—preximately_eaused_by_the_aets_or emissions_of unknown third_paries_or other 22 || persens-overwhem-this Defendant exercised ne control and ever whe this Defendanthed 23 || no-rightor duty □□ contre ner ever has had aright er duty te exercise conireh 24 FHIRD-AFFIRMAHYVE-DEFENSE- 25 26 27 28 2 The order was modified by the Court to comport with Local Rules 16-3 and 16-4, which do not include assertions of

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

1160 N. Town Center Dr., Ste. 200 26 Las Vegas, NV 89144 27 1 Dated: July 14, 2022 2 LEWIS BRISBOIS BISGAARD & SMITH LLP 3 /S/ KEITH WEAVER 4 KEITH A. WEAVER Nevada Bar No. 10271 5 ALISSA N. BESTICK 6 Nevada Bar No. 14979C 6385 S. Rainbow Boulevard, Suite 600 7 Las Vegas, Nevada 89118 8 9 XI. 10 ACTION BY THE COURT 11 12 This case is set for court/jury trial on the fixed/stacked calendar on December 5, 2022 at 13 9:00 a.m.. Calendar call will be held on November 23, 2022 at 9:30 a.m.. 14 15 Dated: July _2_6__, 2022. 16 17 UNITED STATES MAGISTRATE JUDGE 18 DISTRICT 19 20 21 22 23 24 25 26 27