second district court -...

SECOND DISTRICT COURT - OGDEN

WEBER COUNTY, STATE OF UTAH

YASMIN VALDEZ vs. ROBERT MD SIMMONS

CASE NUMBER 140903592 Malpractice

________________________________________________________________________________

CURRENT ASSIGNED JUDGE

JOSEPH BEAN

PARTIES

Plaintiff - YASMIN VALDEZ

Represented by: NORMAN J YOUNKER

Represented by: ASHTON J HYDE

Represented by: JOHN M MACFARLANE

Defendant - ROBERT MD SIMMONS

Represented by: KURT M FRANKENBURG

Represented by: JASON R WATSON

Defendant - JASON MD KIRKHAM - DISMISSED

Defendant - UTAH IMAGING ASSOCIATES INC - DISMISSED

Represented by: VAUN B HALL

Defendant - OGDEN REGIONAL MEDICAL CENTER - DISMISSED

Represented by: TAWNI J ANDERSON

Represented by: SHELLEY M DOI

Doing Business As - COLUMBIA OGDEN MEDICAL CENTER - DISMISSED

ACCOUNT SUMMARY

TOTAL REVENUE Amount Due: 860.00

Amount Paid: 860.00

Credit: 0.00

Balance: 0.00

REVENUE DETAIL - TYPE: COMPLAINT - NO AMT S

Amount Due: 360.00

Amount Paid: 360.00

Amount Credit: 0.00

Balance: 0.00

REVENUE DETAIL - TYPE: JURY DEMAND - CIVIL

Amount Due: 250.00

Amount Paid: 250.00

Amount Credit: 0.00

Balance: 0.00

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REVENUE DETAIL - TYPE: JURY DEMAND - CIVIL

Amount Due: 250.00

Amount Paid: 250.00

Amount Credit: 0.00

Balance: 0.00

CASE NOTE

PROCEEDINGS

06-03-14 Filed: Complaint and Jury Demand

06-03-14 Judge JOSEPH BEAN assigned.

06-03-14 Fee Account created Total Due: 360.00


06-03-14 COMPLAINT - NO AMT S Payment Received: 360.00

06-03-14 JURY DEMAND - CIVIL Payment Received: 250.00

06-03-14 Filed: Complaint

06-09-14 Filed return: Acceptance of Service upon KURT FRANKENBURG for

Party Served: ROBERT MD SIMMONS

Service Type: Mail

Service Date: June 09, 2014

06-09-14 Filed: Return of Electronic Notification

06-13-14 Filed: Notice of Appearace of Counsel


06-30-14 Filed: Answer and Jury Demand of Defendant Robert Simmons, M.D.

ROBERT MD SIMMONS

06-30-14 Note: Certificate of Readiness for Trial due 07/13/2015


06-30-14 JURY DEMAND - CIVIL Payment Received: 250.00

06-30-14 Filed: NOTICE OF EVENT DUE DATES


06-30-14 Filed: Answer to Plaintiffs Complaint

OGDEN REGIONAL MEDICAL CENTER


07-01-14 Note: Notice of Event Due Dates mailed to parties. (No address

for Jason Kirkham MD, Utah Imagin Associates Inc.)

07-03-14 Filed return: Acceptance of Service of Jason Kirkham, MD upon

VAUN B. HALL for

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Party Served: JASON MD KIRKHAM

Service Type: Mail

Service Date: July 03, 2014

07-03-14 Filed return: Acceptance of Service of Utah Imaging Associates,

Inc. upon VAUN B. HALL for

Party Served: UTAH IMAGING ASSOCIATES INC

Service Type: Mail

Service Date: July 03, 2014


07-14-14 Filed: Certificate of Service of Plaintiffs Initial Disclosures


07-31-14 Filed: Answer to Complaint and Jury Demand

JASON MD KIRKHAM

UTAH IMAGING ASSOCIATES INC


07-31-14 Filed: Certificate of Service of Rule 26(a)(1) and 26.2 Initial

Disclosures of Robert B. Simmons, M.D.

07-31-14 Filed: Certificate of Service of Defendant Robert Simmons,

M.D.s First Set of Interrogatories and Requests for Production

of Documents to Plaintiff



08-11-14 Filed: Certificate of Service - ORMCs Initial Disclosures


08-13-14 Filed: Notice of Deposition of Robert Simmons, M.D.


08-15-14 Filed: Certificate of Service for Initial Disclosures on Behalf

of Jason A. Kirkham, M.D. and Utah Imaging Associates, Inc.


08-19-14 Filed: Notice of Deposition for Yasmin Valdez


09-04-14 Filed: Certificate of Service of Plaintiffs Answers to

Defendant Robert Simmons, MDs First Set of Interrogatories and

Requests for Production


09-05-14 Filed: Notice of Withdrawal of Co-Counsel


09-10-14 Filed: SECOND NOTICE OF EVENT DUE DATES

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09-16-14 Filed: Notice of Deposition of Risa Rowley, RN


09-25-14 Filed: Notice of Deposition of Jason Kirkham, M.D.


10-09-14 Filed: Stipulated Case Management Order Proposed


12-04-14 Filed: DEF Jason A. Kirkham, M.D.s and Utah Imaging Associates,

Inc.s First Set of Interrogatories and Requests for Production

of Documents


01-06-15 Filed: Certificate of Service of Plaintiffs Answers to

Defendant Jason A. Kirkham, M.D. and Utah Imaging Associates

Inc.s First Set of Interrogatories and Requests for Production

of Documents


01-22-15 Filed: Notice of Depositions for Angelina Valdez and Antonio

Valdez


02-09-15 Filed: Notice of Deposition for Jeanette Quinos


04-02-15 Filed: Notice of Deposition of Dennis Winters, MD


04-08-15 Filed: Notice of Deposition for Francis Yubero, M.D.


04-14-15 Filed: Notice of Depositions for Dinia Duran, Gloria Luna and

Patricia Puinones


04-16-15 Filed: Certificate of Service for First Supplemental

Disclosures on Behalf of Jason A. Kirkham, M.D. and Utah

Imaging Associates, Inc.


05-06-15 Filed: Notice of Deposition for Pam Frinkman, PT

05-06-15 Filed: Notice of Deposition for Joelle Creager, FNP


05-13-15 Filed: Certificate of Service: ORMCs First Set of Requests for

Production


06-01-15 Filed: Notice of Deposition for Bradley Melville, M.D.


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________________________________________________________________________________

06-08-15 Filed: Certificate of Service - First Supplemental initial

Disclosures of Robert Simmons, M.D.


06-11-15 Filed: Certificate of Service of Plaintiffs Responses to

Defendant Ogden Regional Medical Centers First Set of Requests

for Production


06-19-15 Filed: Stipulation to Dismiss Defendant Jason A. Kirkham, M.D.

and Utah Imaging Associates, Inc. with Prejudice

06-19-15 Filed: Order (Proposed) Order Granting Stipulation to Dismiss

Defendant Jason A. Kirkham, M.D. and Utah Imaging Associates,

Inc. with Prejudice


06-22-15 Note: Order on Stipulation to JMB

06-22-15 Filed order: Order Granting Stipulation to Dismiss Defendant

Jason A. Kirkham, M.D. and Utah Imaging Associates, Inc. with

Prejudice

Judge JOSEPH BEAN

Signed June 22, 2015


06-24-15 Dismissed party - KIRKHAM, JASON MD

06-24-15 Dismissed party - UTAH IMAGING ASSOCIATE

07-01-15 Notice - Notice of Intent for Case 140903592

Clerk: JACKIE BLACKHURST

Notice is hereby given that the above entitled matter will be

dismissed pursuant to Code of Judicial Administration Rule 4-103

for failure to file a certificate of readiness for trial within 330

days of defendant's answer. Unless a certificate of readiness for

trial or written statement showing good cause not to dismiss is

received by the court within 20 days of this notice, the court will

dismiss without further notice.

07-01-15 Filed: Notice of Intent to Dismiss

07-17-15 Filed: Reply Plaintiffs Response to the Courts Notice of Intent

to Dismiss


07-23-15 Filed: Notice Regarding Objection to Notice of Intent to

Dismiss

07-23-15 Note: The case was taken off of OTSC hold

07-28-15 Filed: Order (Proposed) Amended Stipulated Case Management

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________________________________________________________________________________

Order


07-29-15 Note: Order on Amended Stipulated Case Management Order to JMB

07-29-15 Filed order: Order Amended Stipulated Case Management Order

Judge JOSEPH BEAN

Signed July 29, 2015


09-01-15 Filed: Certificate of Service: ORMCs Supplemental Initial

Disclosures


09-30-15 Filed: Plaintiffs Designation of Witnesses and Exhibits


10-06-15 Filed: Defendant Robert Simmons, M.D.s Election to Depose

Plaintiffs Expert Witnesses


10-07-15 Filed: COS: Defendant ORMCs Election of Expert Discovery


10-08-15 Filed: Order (Proposed) Second Amended Case Management Order

Proposed


10-14-15 Filed: Notice of Deposition Duces Tecum for John Frazee, M.D.


10-14-15 Filed order: Order Second Amended Case Management Order

Proposed

Judge JOSEPH BEAN

Signed October 14, 2015


10-26-15 Filed: Certificate of Service: Defendant ORMCs First

Supplemental Initial Disclosures


12-01-15 Filed: Certificate of Service of Plaintiffs First Set of

Interrogatories, Requests for Admission and Requests for

Production of Documents to Defendants


12-05-15 Filed: Notice of Deposition duces tecum for Sheryl Wainwright


12-10-15 Filed: Notice of Deposition duces tecum for Arthur Lipman, M.D.


12-10-15 Filed: Notice of Continuation of deposition duces tecum for

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________________________________________________________________________________

Sheryl Wainwright


12-14-15 Filed: Notice of Deposition DT for Cheryl Randolph, RN


12-17-15 Filed: Notice of Deposition duces tecum for Gabor Kelen, M.D.


12-22-15 Filed: Certificate of Service of Plaintiffs First Supplemental

Initial Disclosures


12-31-15 Filed: Substitution of Counsel Notice of Substitution of

Counsel

12-31-15 Filed: Appearance of Counsel/Notice of Limited Appearance

Notice of Appearance of Counsel


01-19-16 Filed: Second Notice of Deposition duces tecum for Sheryl

Wainwright


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


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

Request for Notice


03-02-16 Filed: Notice of Deposition duces tecum for Gary Abrams, M.D.

03-02-16 Filed: Notice of Cancellation of Deposition duces tecum for

Sheryl Wainwright


03-03-16 Filed: Notice of Deposition duces tecum for Terri Marshal


03-23-16 Filed: Notice of Deposition duces tecum for James Anderson,

M.D.


04-05-16 Filed: Amended Notice of Deposition duces tecum for Gary

Abrams, M.D.


04-20-16 Filed: Third Notice of Deposition duces tecum for Sheryl

Wainwright

04-20-16 Filed: Notice of Deposition duces tecum for John Dana, M.D.


05-02-16 Filed: Order (Proposed) Third Amended Case Management Order

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________________________________________________________________________________

Proposed


05-04-16 Note: 3rd case managment order to JMB

05-05-16 Filed order: Order Third Amended Case Management Order Proposed

Judge JOSEPH BEAN

Signed May 05, 2016


09-20-16 Filed: Order (Proposed) Stipulated Fourth Amended Case

Management Order Proposed


09-22-16 Note: 4th case management order to JMB

09-22-16 Filed order: Order Stipulated Fourth Amended Case Management

Order Proposed

Judge JOSEPH BEAN

Signed September 22, 2016


10-12-16 Filed: Notice of Videoconference Deposition Duces Tecum of

Christopher Cowell, MD


10-26-16 Filed: COS - ORMCs Disclosure of Expert Witnesses

10-26-16 Filed: Certificate of Service (Defendant Robert Simmons, M.D.s

Designation of Expert Witnesses)



10-26-16 Filed: Amended Certificate of Service (Defendant Robert

Simmons, M.D.s Designation of Expert Witnesses)


11-03-16 Filed: Plaintiffs Notice of Election of Expert Witness

Depositions Report



Thomas Chen, MD


Dallas Poffenroth, RN


11-22-16 Filed: Notice of Videoconference Deposition Duces Tecum of Lora

White


Matthew Sims, MC, MS

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12-15-16 Filed: Amended Notice of Videoconference Deposition Duces Tecum

of Lora White


01-09-17 Filed: Notice of Deposition Duces Tecum of Brad Hare, MD


02-06-17 Filed: Amended Notice of Deposition Duces Tecum of Brad Hare,

MD


02-07-17 TELEPHONE CONFERENCE scheduled on March 02, 2017 at 08:45 AM in

4th Floor Southeast with Judge BEAN.

02-07-17 Notice - NOTICE for Case 140903592 ID 18031734

TELEPHONE CONFERENCE is scheduled.

Date: 03/02/2017

Time: 08:45 a.m.

Location: 4th Floor Southeast

Second District Court

2525 Grant Avenue

Ogden, UT 84401

Before Judge: JOSEPH BEAN

EXPIRED CASE MANAGEMENT ORDER

02-07-17 Filed: Notice for Case 140903592 ID 18031734

03-02-17 Minute Entry - TELEPHONE CONFERENCE

Judge: JOSEPH BEAN

Clerk: heidib

TELEPHONE CONFERENCE

PRESENT

Plaintiff's Attorney(s): ASHTON J HYDE

Defendant's Attorney(s): TAWNI J ANDERSON

JENNIFER M BRENNAN

Audio

Tape Number: 4C 030217 Tape Count: 851-855

__________________________________________________________________

Time set for telephone conference regarding an expired case

management order.

The parties address the Court and note that discovery is still

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________________________________________________________________________________

being completed and request an extension of the discovery deadline.

The Court grants the request.

Mr Hyde to draft the amended case management order, send to the

parties for approval as to form, and submit to the Court for

signature.

03-09-17 Filed: Order (Proposed) Stipulated Fifth Case Management Order


03-13-17 Filed: Other - Not Signed Order (Proposed) Stipulated Fifth

Case Management Order

03-13-17 Note: Stipulated 5th Case Management Order filed unsigned.

Order does not comply with Rule 10(e).


03-14-17 Filed: Order (Proposed) Fifth Amended Case Management Order


03-15-17 Note: Case mgmt order to JMB

03-17-17 Filed order: Order Fifth Amended Case Management Order

Judge JOSEPH BEAN

Signed March 17, 2017


05-17-17 Filed: Certificate of Readiness for Trial and Request for

Pre-Trial Conference


05-18-17 Filed: Joinder in Simmons Certificate of Readiness



PRETRIAL CONFERENCE is scheduled.

Date: 06/29/2017

Time: 09:30 a.m.



2525 Grant Avenue

Ogden, UT 84401


05-23-17 PRETRIAL CONFERENCE scheduled on June 29, 2017 at 09:30 AM in


05-23-17 Filed: Notice for Case 140903592 MP: Judge JOSEPH BEAN

06-09-17 Filed: Objection to Defendants Certificate of Readiness for

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Trial


06-16-17 Filed: Joint Response to Plaintiffs Objection to Certificate of

Readiness for Trial


06-19-17 TELEPHONE CONFERENCE scheduled on June 28, 2017 at 08:45 AM in



06-19-17 TELEPHONE CONFERENCE Cancelled.

Reason: Counsel's request.

06-19-17 Note: Counsel indicated via email that the objection re cert of

readiness has been resolved. TC cancelled.

06-27-17 Note: PRETRIAL CONFERENCE calendar modified.

06-29-17 PRETRIAL CONFERENCE scheduled on January 18, 2018 at 09:30 AM

in 4th Floor Northeast with Judge BEAN.


PRETRIAL CONFERENCE is scheduled.

Date: 01/18/2018

Time: 09:30 a.m.



2525 Grant Avenue

Ogden, UT 84401

before Judge JOSEPH BEAN

FINAL PRETRIAL CONFERENCE is scheduled.

Date: 02/15/2018

Time: 09:30 a.m.



2525 Grant Avenue

Ogden, UT 84401


ORAL ARGUMENT is scheduled.

Date: 03/09/2018

Time: 09:00 a.m.



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________________________________________________________________________________

2525 Grant Avenue

Ogden, UT 84401


JURY TRIAL is scheduled.

Date: 03/16/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date:

Date: 03/26/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 03/27/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 03/28/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 03/30/2018

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________________________________________________________________________________

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 04/02/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 04/03/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 04/04/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 04/06/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


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________________________________________________________________________________

Date: 04/09/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 04/10/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


Date: 04/11/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


06-29-17 FINAL PRETRIAL CONFERENCE scheduled on February 15, 2018 at

09:30 AM in 4th Floor Northeast with Judge BEAN.



06-29-17 ORAL ARGUMENT scheduled on March 09, 2018 at 09:00 AM in 4th

Floor Northeast with Judge BEAN.




06-29-17 JURY TRIAL scheduled on March 26, 2018 at 09:00 AM in 4th Floor

Northeast with Judge BEAN.






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06-29-17 JURY TRIAL scheduled on April 02, 2018 at 09:00 AM in 4th Floor

















06-29-17 Minute Entry - PRETRIAL CONFERENCE

Judge: JOSEPH BEAN

Clerk: heidib

PRESENT

Plaintiff's Attorney(s): JOHN M MACFARLANE

Defendant's Attorney(s): TAWNI J ANDERSON

KURT M FRANKENBURG

Audio

Tape Number: 4C 062917 Tape Count: 9:32-9:54

__________________________________________________________________

Respective parties address the Court. Jury trial is set for

3/26/18, 3/27/18, 3/28/18 morning, 3/30/18, 4/2/18, 4/3/18, 4/4/18

morning, 4/6/18, 4/9/18, 4/10/18, 4/11/18 morning, 4/13/18.

Pretrial is set for 1/18/18 at 9:30 a.m.. Final pretrial is set for

2/15/18 at 9:30 a.m. Oral arguments on motions in limine set for

3/9/18 at 9:00 a.m. and 3/16/18 at 9:00 a.m. Attorney for plaintiff

to draft the order from today's hearing.

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________________________________________________________________________________


ORAL ARGUMENT.

Date: 03/16/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


The reason for the change is Correct calendar

06-29-17 TELEPHONE CONFERENCE Modified.




07-20-17 Filed: Request/Notice to Submit for Decision Stipulated

Pretrial Scheduling Order

07-20-17 Filed: Order (Proposed) Pretrial Scheduling Order


07-21-17 Filed: Other - Not Signed Order (Proposed) Pretrial Scheduling

Order

07-21-17 Note: Pretrial Scheduling Order entered as not signed. Missing

rule 10e language.


07-21-17 Filed: Request/Notice to Submit for Decision Stipulated

Pretrial Scheduling Order

07-21-17 Filed: Order (Proposed) Pretrial Scheduling Order

07-21-17 Note: Scheduling order to JMB. MM


07-21-17 Filed order: Order Pretrial Scheduling Order

Judge JOSEPH BEAN

Signed July 21, 2017





ORAL ARGUMENT.

Date: 03/19/2018

Time: 09:00 a.m.

Location: 4th Floor Northeast

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________________________________________________________________________________


2525 Grant Avenue

Ogden, UT 84401


The reason for the change is Conflict in Judge schedule

ORAL ARGUMENT.

Date: 03/16/2018

Time: 09:00 a.m.



2525 Grant Avenue

Ogden, UT 84401


08-31-17 ORAL ARGUMENT rescheduled to March 16, 2018 at 09:00 AM in 4th



08-31-17 Note: Counsel stipulated to new hearing date for oral argument

via telephone.

11-14-17 Filed: Notice of Withdrawal of Counsel


11-21-17 Filed: Certificate of Service of Plaintiffs Amended Designation

of Expert Witnesses


11-27-17 Filed: Defendant Robert Simmons, M.D.s Election to Depose

Plaintiffs Expert Witness Scott Mueller, Pharm. D.


11-27-17 Filed: COS ORMCs Election of Expert Discovery


01-04-18 Filed: Appearance of Counsel/Notice of Limited Appearance

Notice of Appearance of Counsel

01-04-18 Filed: Notice of Deposition Duces Tecum for Scott Mueller,

Pharm. D.



01-16-18 Filed: Defendants Robert Simmons, M.D. and Columbia Ogden

Medical Center, Inc., dba Ogden Regional Medical Centers Joint

Designation of Witnesses and Exhibits for Trial


01-16-18 Filed: Plaintiffs Designation of Trial Witnesses and Exhibits

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01-16-18 Filed: Motion Defendant Robert Simmons, M.D.s Motion in Limine

to Limit the Testimony of Treating Providers

Filed by: SIMMONS, ROBERT MD


to Preclude Reptile and/or Veiled Golden Rule Arguments



Regarding Standard of Proof



Regarding Expert Life Expectancy Testimony



01-16-18 Filed: Motion in Limine Plaintiffs Motions in Limine

Filed by: VALDEZ, YASMIN


01-16-18 Filed: Defendant Robert Simmons, M.D.s Supplemental Designation

of Witnesses for Trial


01-18-18 ORAL ARGUMENTS scheduled on February 07, 2018 at 09:30 AM in

4th Floor Northeast with Judge BEAN.

01-18-18 Minute Entry - PRETRIAL CONFERENCE

Judge: JOSEPH BEAN

Clerk: jackietb

PRESENT

Plaintiff's Attorney(s): JOHN M MACFARLANE

Defendant's Attorney(s): KURT M FRANKENBURG

Tape Number: 4B 011818 Tape Count: 9:28-9:45

__________________________________________________________________

This is time set for pretrial conference. The case is set for oral

arguments on February 7, 2018 at 9:30 a.m. on the outstanding

motions in limine. With regard to jury instructions, the court uses

the standard MUJI (Model Utah Jury Instructions). The court will

rule on any contested instructions at the close of evidence.

Counsel are working on a stipulated jury questionnaire. The parties

agree 50 jurors would be sufficient. The court goes over the

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________________________________________________________________________________

general jury trial schedule. The prior oral arguments hearing set

for March 19, 2018 at 9:00 a.m. is stricken. The court keeps oral

arguments set for March 16, 2018 at 9:00 a.m. as a tentative date.

The court requests the jury questionnaire be submitted no later

than March 2, 2018. The parties indicate the defendant, Ogden

Regional Medical Center, has settled out and a notice of release

will be filed.

ORAL ARGUMENTS is scheduled.

Date: 02/07/2018

Time: 09:30 a.m.


SECOND DISTRICT COURT

2525 GRANT AVENUE

OGDEN, UT 84401


ORAL ARGUMENTS is scheduled.

Date: 03/16/2018

Time: 09:00 a.m.


SECOND DISTRICT COURT

2525 GRANT AVENUE

OGDEN, UT 84401


01-19-18 ORAL ARGUMENT Cancelled.

01-19-18 ORAL ARGUMENTS scheduled on March 16, 2018 at 09:00 AM in 4th


01-25-18 Filed: Defendant Robert Simmons, M.D.s Rule 9 Notice of Intent

to Apportion Fault


01-30-18 Filed: Opposition to Defendant Robert Simmons, M.D.s Memorandum

in Opposition to Plaintiffs Motions in Limine


01-30-18 Filed: Opposition to Defendant Robert Simmons, M.D.s Motion in

Limine to Limit the Testimony of Treating Providers


Limine Regarding Expert Life Expectancy Testimony

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Limine to Preclude Reptile and/or Veiled Golden Rule Agruments


01-31-18 Filed: Certificate of Service Plaintiffs Offer of Judgment

Pursuant to Utah R. Civ. P. 68


02-01-18 Filed: Stipulated Proposed Voir Dire

02-01-18 Filed: Stipulated Jury Questionnaire


02-01-18 Filed: Jury Instructions Plaintiffs Proposed Jury Instructions


02-01-18 Filed: Jury Instructions Stipulated Proposed Jury Instructions

02-01-18 Filed: Jury Instructions Defendants Proposed Non-Stipulated

Jury Instructions


02-01-18 Filed: Defendants Proposed Special Verdict Form


02-06-18 Filed: Objection to Defendant Robert Simmons, M.D.s Designation

of Trial Witnesses and Exhibits

02-06-18 Filed: Reply in Support of Motion in Limine re: Collateral

Source Payments


02-06-18 Filed: Stipulation Regarding Unopposed Motions in Limine

02-06-18 Filed: Reply Defendant Robert Simmons, M.D.s Reply in Support

of Motion in Limine Regarding Expert Life Expectancy Testimony


02-07-18 Filed: Motion Stipulated Motion to Dismiss with Prejudice

Filed by: OGDEN REGIONAL MEDICAL CENTER,

02-07-18 Filed: Order (Proposed) proposed Order of Dismissal with

Prejudice


02-07-18 Minute Entry - ORAL ARGUMENTS

Judge: JOSEPH BEAN

Clerk: jackietb

No Parties Present

Plaintiff's Attorney(s): ASHTON J HYDE


JASON R WATSON

Audio

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________________________________________________________________________________


__________________________________________________________________

This is time set for oral arguments on the parties outstanding

motions in limine.

The parties provide a copy of the stipulation regarding unopposed

motions.

(9:10) Mr. Hyde presents arguments as to the plaintiff's motion in

limine #1 and #3.

(9:13) Mr. Frankenburg presents arguments.

(9:17) Mr. Hyde presents rebuttal arguments as to #1.

The court presents ruling. The court will allow the defendant to

testify with regard to taking the lawsuit and his profession

seriously.

(9:18) Mr. Hyde presents rebuttal arguments as to #3.

(9:19) The court presents ruling. The court will allow testimony

with regard to the defendant's background, training, and interest

in medicine, to a limited extent.

(9:21) Mr. Hyde presents arguments as to plaintiff's motion in

limine #6.


(9:28) Mr. Hyde presents rebuttal arguments.

(9:30) The court presents ruling. The court will allow the

defendant to testify with regard to his past experience, and

whether he is aware of any problems that have arisen with his

standard procedure, to a limited extent.


limine #10.



(9:54) The court presents ruling. The court grants the motion, the

collateral source cannot be referred to, unless further ordered.

Mr. Hyde presents arguments as to plaintiff's motion in limine #12.

(9:56) Mr. Frakenburg presents arguments.

The court presents ruling and grants the motion with regard to

#12.

Mr. Hyde presents arguments as to plaintiff's motion in limine #13.


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________________________________________________________________________________

The court presents ruling and grants the motion with regard to #13.


limine #14.



The court present ruling and grants the motion in limine with

regard to #14.

(10:04) Mr. Hyde presents arguments as to plaintiff motion in

limine #15.

The court presents ruling and denies the motion with regard to #15.

(10:06) Mr. Frankenburg presents arguments as to the defendant's

Motion in Limine Regarding Expert Life Expectancy Testimony.

(10:13) Mr. Hyde presents arguments.

(10:15) Mr. Frankenburg presents rebuttal arguments.

(10:16) The court presents ruling and denies the motion at this

time.

(10:17) Mr. Watson presents arguments as to the defendant's Motion

in Limine to Limit the Testimony of Treating Providers.


(10:29) Mr. Watson presents rebuttal arguments.

(10:37) The court presents ruling and grants the motion in limine.

(10:39) The parties address the possible limitation the ruling may

have on the plaintiff's life care planner's testimony.

(10:46) Mr. Watson presents arguments as to the defendant's Motion

in Limine to Preclude Reptile and/or Veiled Golden Rule Arguments.


(10:53) Mr. Watson presents rebuttal arguments.

(10:54) The court presents ruling and to an extent that the parties

understand, grants the motion. To the extent that it prohibits the

plaintiff from using certain words and certain contexts the court

denies the motion. It will depend on the context in which it comes

out.

Mr. Hyde will prepare the appropriate order for the court's

signature.

The order is to be signed approved as to form and/or contain a Rule

7 notice.

The parties agree the pretrial conference on February 15, 2018 at

9:30 a.m. may be stricken.

The parties discuss vior dire.

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Oral arguments and the final pretrial conference will remain set

for March 16, 2018 at 9:00 a.m. to hear any other motions that may

be filed.

The plaintiff's objection to the defendant's expert witness and any

objections to exhibits will also be heard on March 16, 2018.

02-08-18 Filed order: Order proposed Order of Dismissal with Prejudice

Judge JOSEPH BEAN

Signed February 08, 2018


02-09-18 FINAL PRETRIAL CONFERENCE Cancelled.

02-09-18 Dismissed party - COLUMBIA OGDEN MEDICAL

02-09-18 Dismissed party - OGDEN REGIONAL MEDICAL

02-20-18 **** PRIVATE **** Filed: Juror Questionnaire #63914183

02-21-18 **** PRIVATE **** Filed: Jury Questionnaire #63864988

02-21-18 Filed: Order (Proposed) Order Regarding Motions in Limine


02-22-18 **** PRIVATE **** Filed: Jury Questionnaire #66894951 (Ret










02-23-18 Filed order: Order Regarding Motions in Limine

Judge JOSEPH BEAN

Signed February 23, 2018


02-23-18 Filed: Defendants Response to Plaintiffs Objections to Robert

Simmons, M.D.s Designation of Trial Witnesses and Exhibits





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03-16-18 Minute Entry - ORAL ARGUMENTS

Judge: JOSEPH BEAN

Clerk: jackietb

PRESENT

Plaintiff's Attorney(s): NORMAN J YOUNKER

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________________________________________________________________________________


JASON R WATSON

Audio


__________________________________________________________________

This is time set for oral arguments on outstanding motions,

objections, and pretrial issues.

Mr. Frankenburg presents arguments as to the special verdict form

and apportionment of fault.

(9:14) Mr. Younker presents arguments.

(9:21) Mr. Frankenburg presents rebuttal arguments.

(9:30) Mr. Younker replies.

(9:36) Mr. Frankenburg responds.

(9:41) The court presents findings and will allow apportionment of

fault to the hospital under the special verdict form.

Mr. Younker is directed to prepare the appropriate order for the

court's signature.

The parties discuss the juror questionnaires and stipulate to

striking three of the prospective jurors for cause.

The jury instructions are discussed.

The issue of collateral sources are discussed.

The plaintiff will have a court certified interpreter for any

witnesses that need assistance.

The practicalities of using an interpreter and deposition

transcripts are discussed. .

The parties agree to displaying the depositions to the jury for

impeachment purposes.

The jury selection process, exhibits, and jury questions are

discussed.

The court advises the parties the the general jury schedule.

03-22-18 JURY TRIAL Modified.


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________________________________________________________________________________


03-22-18 Filed: Request/Notice to Submit for Decision Pretrial Order

03-22-18 Filed: Order (Proposed) Pretrial Order


03-23-18 Note: Sent Pretrial Order to JMB

03-23-18 Filed: Return of Service. Trial Subpoena to Risa Rowley, R.N.

03-23-18 Filed: Return of Service. Trial Subpoena to Francis Yubero,

M.D.


03-23-18 Filed: Return of Service. Trial Subpoena to Bradley Melville,

M.D.

03-23-18 Filed: Return of Service. Trial Subpoena to Jeanette Quinones

03-23-18 Filed: Email confirmations from Spanish Interpreters, Cecelia

Alomia, Grant Anderson, and Luther Gaylord

03-23-18 Filed: Return of Service. Trial Subpoena to Patricia Quinones

03-23-18 Filed: Return of Serice. Trial Subpoena to Pam Frinkman


03-23-18 Filed: Return of Service. Trial Subpoena to Joelle Creager, FNP



03-23-18 Filed order: Order Pretrial Order

Judge JOSEPH BEAN

Signed March 23, 2018


03-26-18 Filed: Return of Service of Trial Subpoena to Dennis Winters,

M.D.


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