DEFENDANT'S MOTION TO CONTINUE TRIAL
JAMES C. MAHAN, District Judge.
COMES NOW, Defendant VINCENT TJOTA ("Defendant"), by and through his counsel, Josh Cole Aicklen, Esq. and Stephen L. Titzer, Esq. of LEWIS BRISBOIS BISGAARD & SMITH LLP, and moves this Court for a continuance of the trial date pursuant to Local Court Rule 45-2.
This Motion is based upon the following Memorandum of Points and Authorities, the attached exhibits, the affidavit of counsel attached hereto, the papers and pleadings on file herein and any oral argument entertained at the time of hearing, if any.
DATED this 17 day of January, 2020.
Respectfully Submitted,
LEWIS BRISBOIS BISGAARD & SMITH LLP
By /s/ Josh Cole Aicklen
JOSH COLE AICKLEN
Nevada Bar No. 007254
STEPHEN L. TITZER
Nevada Bar No. 008289
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant
VINCENT TJOTA
AFFIDAVIT OF STEPHEN L. TITZER, ESQ., IN SUPPORT OF DEFENDANT'S MOTION TO CONTINUE TRIAL
STATE OF NEVADA
ss.
COUNTY OF CLARK
STEPHEN L. TITZER, being first duly sworn, deposes and says:
1. I am a Partner at LEWIS BRISBOIS BISGAARD & SMITH LLP, and am duly licensed to practice law in the State of Nevada.
2. I am competent to testify to the matters set forth in this Affidavit, and will do so if called upon.
3. I am an attorney representing Defendant VINCENT TJOTA in the subject lawsuit currently pending in the United States District Court of Nevada, Case No. 2:18-cv-00202-JCM-DJA.
4. On January 15, 2020, I contacted Mike Kristoff, Esq. attorney for Plaintiff, and informed him that the Defendant Vincent Tjota lives in Singapore and cannot attend the present trial date. I requested that Plaintiff's counsel stipulate to continue the trial to December 2020. Plaintiff's counsel did not respond, thus necessitating the instant Motion.
5. This Motion is not filed for any improper purpose or to cause undue delay.
6. Attached hereto as Exhibit A is a true and correct copy of ECF No. 77, Order Granting Joint Pretrial Order.
7. Attached hereto as Exhibit B is a true and correct copy of a Letter from Vincent Tjota to Defense Counsel Requesting a Continuance, dated January 8, 2020.
FURTHER YOUR AFFIANT SAYETH NAUGHT.
________
Stephen L. Titzer, Esq.
SWORN AND SUBSCRIBED to before
me this 17 day of January, 2020.
________
Notary Public in and for said
County and State
MEMORANDUM OF POINTS AND AUTHORITIES
I.
FACTUAL BACKGROUND
On Saturday, April 30, 2016, Defendant Vincent Tjota was visiting Las Vegas, Nevada and driving a Budget rental vehicle with Janice Siau, his fiancée, as a passenger. They live in Singapore. Vincent Tjota was driving a white 2016 Ford Mustang GT westbound on Bridger Avenue in Las Vegas, Nevada, while stopped at the intersection of Maryland Parkway. Plaintiff Rebecca Lemperle was driving a red 2015 Kia RIO LX vehicle southbound on Maryland. After stopping and looking both ways, Vincent Tjota proceeded to drive through the intersection, which was clear. At that time, Plaintiff drove through the intersection and struck Tjota's Mustang as she was likely speeding through the intersection. Plaintiff lived in Sweden.
Mr. Tjota disputes liability. Mr. Tjota stopped at the intersection and looked both ways before proceeding through the intersection. Mr. Tjota did not see the Plaintiff's car and did not have enough time to react to avoid the impact. Plaintiff struck the rear panel of Defendant's Mustang. Mr. Tjota disclosed the photographs from the scene of the accident that showed the damage to the right rear panel of his Mustang.
Presently, trial for this matter is scheduled to occur on June 15, 2020. See, ECF No. 77, attached hereto as Exhibit A. Recently, on January 8, 2020, Defense counsel received a letter from Mr. Tjota who expressed a desire for trial to be pushed back until December 2020 so he could be physically present at the time of trial. See, Correspondence from Vincent Tjota, attached hereto as Exhibit B. Mr. Tjota lives in Singapore and he will need to take off at least two weeks of work so he can travel to the United States and attend the trial. Id. Therefore, Defendant respectfully requests that this Court grant the Motion and continue trial until December 2020.
II.
LEGAL ARGUMENT
A. Motions to Continue Standard and Argument
Pursuant to this Court's local rules,
LCR 45-2 Continuance of Trial Date — Speedy Trial Act
A request to continue a trial date, whether by motion or stipulation, will not be considered unless it sets forth in detail the reasons a continuance is necessary and the relevant statutory citations for excludable periods of delay, if any, under the Speedy Trial Act, 18 U.S.C. § 3161(h). The request must be accompanied by a proposed order that contained factual findings and relevant statutory citations, if any.
See, LCR 45-2.
District courts have the inherent power to control their respective dockets. See, Oliva v. Sullivan, 958 F.2d 272, 273 (9th Cir. 1992); Hamilton Copper & Steel Corp. v. Primary Steel, Inc., 898 F.2d 1428, 1429 (9th Cir. 1990).
The importance of physical presence at trial cannot be overlooked. The Federal Rule of Civil Procedure 43(a) provides in part:
Rule 43. Taking Testimony
(a) In Open Court. At trial, the witnesses' testimony must be taken in open court unless a federal statute, the Federal Rules of Evidence, these rules, or others adopted by the Supreme Court provide otherwise. For good cause in compelling circumstances and with appropriate safeguards, the court may permit testimony in open court by contemporaneous transmission from a different location.
See, FRCP 43(a).
The Notes of Advisory Committee on Rules also provided the following with respect to live testimony:
Contemporaneous transmission of testimony from a different location is permitted only on showing good cause in compelling circumstances. The importance of presenting live testimony in court cannot be forgotten. The very ceremony of trial and the presence of the factfinder may exert a powerful force for truthtelling. The opportunity to judge the demeanor of a witness face-to-face is accorded great value in our tradition. Transmission cannot be justified merely by showing that it is inconvenient for the witness to attend the trial.
See, NOTES OF ADVISORY COMMITTEE ON RULES — 1996 AMENDMENT (emphasis added).
As noted above, Mr. Tjota is not a United States Citizen and resides in Singapore. Mr. Tjota has expressed his desire to Defense counsel to be physically present at the time of trial, but unfortunately, is unable to do so until December 2020 due to work restrictions and the distance he must travel to be present at trial — typically a twenty-plus hour flight. Mr. Tjota deserves his day in court as does every party to a legal proceeding. Defense counsel believes that it would be manifestly unjust if Defendant is not able to be present to testify in front of the finders of fact. As such, Defense counsel finds it imperative that Mr. Tjota be physically present at the time of trial and therefore respectfully requests that this Court continue trial until December 2020.
III.
CONCLUSION
Defendant requests that this Court grant his Motion and continue this matter's current trial date to December of 2020 so he can be physically present at trial.
DATED this 17 day of January, 2020.
Respectfully Submitted,
LEWIS BRISBOIS BISGAARD & SMITH LLP
By /s/ Josh Cole Aicklen
JOSH COLE AICKLEN
Nevada Bar No. 007254
STEPHEN L. TITZER
Nevada Bar No. 008289
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
Attorneys for Defendant
VINCENT TJOTA
ORDER
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Defendant's Motion to Continue Trial is GRANTED pursuant to Local Rule 45-2; and;
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the current trial date on June 15, 2020 is VACATED; and
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the new trial date shall commence on December 14, 2020, at 9:00 a.m. on a three-week stack. Calendar Call is December 9, 2020 at 9:00 a.m.
"IT IS SO ORDERED."
EXHIBIT A
ECF No. 77 — Joint Pretrial Order
JOSH COLE AICKLEN
Nevada Bar No. 007254
josh.aicklen@lewisbrisbois.com
STEPHEN L. TITZER
Nevada Bar No. 008289
stephen.titzer@lewisbrisbois.com
LEWIS BRISBOIS BISGAARD & SMITH LLP
6385 S. Rainbow Boulevard, Suite 600
Las Vegas, Nevada 89118
TEL.: 702.893.3383
FAX: 702.893.3789
Attorneys for Defendant
VINCENT TJOTA
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
REBECCA LEMPERLE, individually, CASE NO.: 2:18-cv-00202-JCM-DJA
Plaintiff,
vs.
VINCENT TJOTA, individually; DOES I-X,
and ROE CORPORATIONS I-X, inclusive,
Defendants.
JOINT PRETRIAL ORDER
COMES NOW Plaintiff, REBECCA LEMPERLE ("Plaintiff"), by and through her attorneys, Michael A. Kristof, Esq. of THE POWELL LAW FIRM; and Defendant VINCENT TJOTA ("Defendant"), by and through his attorneys, Josh Cole Aicklen, Esq. and Stephen L. Titzer, Esq. of LEWIS BRISBOIS BISGAARD & SMITH LLP; and submit the Joint Pretrial Order pursuant to LR 16-3 and LR 16-4.
Following pretrial proceedings in this case:
I. STATEMENT OF ACTION
A. Nature of Action
This is a case arising from a motor vehicle accident involving Plaintiff REBECCA LEMPERLE and Defendant VINCENT TJOTA. The accident occurred in Las Vegas, Nevada, Clark County, on April 30, 2016. Plaintiff alleges that Defendant caused the accident. Defendant disputes liability and alleges Plaintiff caused the accident.
B. Relief Sought
Plaintiff seeks general damages, past and future medical specials, pain and suffering.
C. Identification of the Parties
This case was removed to Federal Court pursuant to 28 U.S.C. §§ 1441(a) and 1446 based upon diversity jurisdiction.
During all relevant times, Plaintiff is a resident of Clark County, Nevada.
During all relevant times, Defendant VINCENT TJOTA is a foreign resident of the Country of Singapore.
Plaintiff made claims for medical special damages and pain and suffering, with the amount in controversy in excess of $75,000.00.
D. Contentions of the Parties
1. Plaintiff's Contentions
Plaintiff contends that Defendant caused the accident and Plaintiff was injured.
2. Defendant's Contentions
Defendant contends that Plaintiff caused the accident, that the Plaintiff did not sustain personal injury as a result of the subject event, that Plaintiff's injuries were pre-existing, not causally related to the subject event and that the medical billings were not reasonable and necessary.
II. STATEMENT OF JURISDICTION
This Court has diversity jurisdiction over this matter pursuant to 28 U.S.C. § 1332(A)(1), as the alleged value of the matter in controversy exceeds $75,000.00, and the suit is between citizens of different states.
III. ADMITTED FACTS
The following facts are admitted by the parties and require no proof:
1. The subject motor vehicle accident occurred on April 30, 2016.
2. Plaintiff filed the Complaint.
3. Defendant filed an Answer.
IV. UNCONTESTED FACTS
The following facts, though not admitted, will not be contested at trial by evidence to the contrary: None.
V. ISSUES OF FACT FOR TRIAL
The following issues of fact are to be tried and determined upon trial:
1. Whether Defendant was negligent.
2. Whether Plaintiff was negligent.
3. Whether the subject incident proximately caused injuries and other damages to Plaintiff.
4. The amount of apportionment for any pre-existing condition or unrelated event and subsequent accident.
5. The monetary value of Plaintiff's injuries and damages, if any.
VI. ISSUES OF LAW FOR TRIAL
The following are issues of law are to be tried and determined upon trial:
1. Whether Defendant breached a duty of care to Plaintiff.
2. Whether Defendant caused the subject accident.
3. Whether Plaintiff breached a duty of care to Defendant.
4. Whether Plaintiff caused the subject accident and comparative fault.
2. Whether Plaintiff met her burden of proof, production and persuasion as to alleged injuries and amount of damages, and the issue of apportionment for any pre-existing conditions or the subsequent events for Plaintiff's claims in controversy.
VII. EXHIBITS FOR TRIAL
(a) The following exhibits are stipulated into evidence in this case and may be so marked by the clerk:
1. Plaintiff's Complaint.
2. Defendant's Answer.
(b) As to the following additional exhibits the parties have reached the stipulations stated:
None.
(1) Plaintiff's exhibits:
MEDICAL AND/OR BILLING RECORDS
1. Medical records and billing from Align Med for dates of service 5/2/16 through 9/1/16;
2. Medical records and billing from Med MRI Center for dates of service 5/19/16 through 5/26/17;
3. Medical records and billing from Interventional Pain and Spine Institute for dates of service 6/15/16 through 8/31/17;
4. Medical records and billing from Surgical Arts Center for dates of service 6/27/16 through 2/20/17;
5. Medical records and billing from Anesthesiology Consultants for date of service 6/27/16;
6. Medical records and billing from Western Regional Center for Brain and Spine Surgery for dates of service 8/4/16 through 6/6/17;
7. Medical records and billing from Louis Mortillaro, Ph.D. for dates of service 2/16/17 through 4/12/17;
8. Medical records and billing from Spring Valley Hospital Medical Center for dates of service 3/12/17 through 4/24/17;
9. Billing from Shadow Emergency Physicians, PLLC for dates of service 3/14/17 through 4/24/17;
10. Billing from Desert Radiologists for dates of service 3/14/17 through 4/22/17;
11. Medical records and billing from Centennial Hills Hospital Medical Center for dates of service 4/19/17 through 4/21/17;
12. Medical records and billing from Monitoring Associates for date of service 4/19/17;
13. Medical records and billing from Neuromonitoring Associates for date of service 4/19/17;
14. Billing from Orthassist, LLC for date of service 4/19/17;
15. Medical records and billing from American Medical Response for date of service 4/22/17;
16. Medical records and billing from Pueblo Medical Imaging for date of service 5/11/17;
17. Medical records and billing from Wellhealth Quality Care for date of service 4/26/17;
18. Medical records and billing from Jackson Physical Therapy for dates of service 6/15/17 through 8/23/17;
19. Medical records and billing from Advanced Orthopedics and Sports Medicine for dates of service 6/8/17 through 8/21/17;
20. Billing from Select Physical Therapy for date of service 6/19/17;
21. Medical records and billing from Southern Nevada Adult Mental Health Services for dates of service 5/11/16 through 8/8/16;
22. Medical records and bills from Spring Valley Hospital for date of service 3/27/18;
23. Medical records and billing from Jackson Physical Therapy for dates of service 2/8/18 through 4/6/18;
24. Patient forms from Align;
25. Patient forms from Western Regional Center for Brain and Spine Surgery;
26. Patient forms from Interventional Pain & Spine Institute;
27. Medical records and billing from Interventional Pain & Spine Institute for date of service 11/29/18;
28. Medical records and billing from Nevada Health Centers for dates of service 1/30/19 and 2/1/19;
29. Medical records and billing from Southwest Medical Associates for date of service 2/19/19;
30. Medical records and billing from Premier Physical Therapy & Sports Performance for dates of service 2/11/19 through 2/27/19;
31. Medical records and billing from Pueblo Medical Imaging for date of service 3/18/19;
32. Medical records and billing from Interventional Pain & Spine Institute for dates of service 1/30/19 and 2/21/19;
33. Medical records and billing from Select Physical Therapy for date of service 6/19/17;
34. Medical billing from Shadow Emergency Physicians for dates of service 8/11/16, 3/12/17 and 3/27/18; and
35. Medical records and billing from Spring Valley Hospital for date of service 8/11/16.
OTHER
1. Complaint;
2. State of Nevada Traffic Accident Report;
3. Google Maps Overview of Maryland Parkway and Bridger Avenue;
4. Google Maps street view of southbound Maryland Parkway at Bridger Avenue;
5. Google Maps street view of westbound Bridger Avenue at Maryland Parkway;
6. Property damage Estimate of Record and CCC One Market Evaluation Report, from Geico Insurance;
7. Fifty-four (54) color photographs of Plaintiff's vehicle, from Geico Insurance;
8. Documents produced by Las Vegas Metropolitan Police Department responsive to Subpoena Duces Tecum;
9. 911 audio file produced by Las Vegas Metropolitan Police Department responsive to Subpoena Duces Tecum;
10. Pink journal entries written by Plaintiff;
11. Black journal entries written by Plaintiff;
12. Curriculum Vitae, fee schedule and prior testimony list of David Oliveri, M.D.;
13. Curriculum Vitae, fee schedule and prior testimony list of Stan Smith, Ph.D.;
14. Curriculum Vitae and fee schedule of Ryan Kissling, D.C.;
15. Curriculum Vitae and fee schedule of Michael DiGregorio, M.D.;
16. Curriculum Vitae and fee schedule of Kristine Lukens, D.C.;
17. Curriculum Vitae and fee schedule of Keith Lewis, M.D.;
18. Curriculum Vitae, fee schedule and prior testimony list of Jorg Rosier, M.D.;
19. Curriculum Vitae, fee schedule and prior testimony list of Jason Garber, M.D.;
20. Curriculum Vitae, fee schedule and prior testimony list of Nick Liu, M.D.;
21. Employment records from VegeNation;
X-RAYS, FILMS AND DIAGNOSTIC STUDIES
Plaintiff is aware of the following x-rays, films and diagnostic studies:
1. Align Med MRI Center
2. Desert Radiologists
3. Pubelo Medical Imaging
4. Southwest Medical Associates
DEMONSTRATIVE EXHIBITS
Plaintiff may offer at trial certain exhibits for demonstrative purposes, including but not limited to, the following:
1. Power point images, blowups and transparencies for exhibits.
2. Models of various parts of the human body.
3. Diagrams, drawings, pictures, photos, film, video, DVD and CD ROM of various parts of the human body, diagnostic and surgical procedures.
4. Exemplars, models, or pictures of the surgical hardware/implantation devises used, or expected to be used in the care and treatment of Plaintiff.
5. Power point images, drawings, diagrams, animations, story boards of the incident, the location of the incident.
6. Power point images and blowups of deposition transcripts, discovery responses, and jury instructions.
7. Maps, diagrams or models of the scene of the incident that is the subject of this litigation.
(2) Defendant's exhibits:
A. Plaintiff's Complaint.
B. Defendant's Answer to Complaint.
C. Redacted Traffic Accident Report, TAR-00001-TAR-00006.
D. Color photographs, DEF-00001-DEF-00020.
E. Color photographs, DEF00030-DEF00046.
F. Visual Assessment Report and Salvage of Defendant's vehicle, DEF00058-DEF00059.
G. Plaintiff's Property Damage Records, DEF000323-DEF000350.
H. GEICO's records for Plaintiff's vehicle, DEF000351-DEF000436.
I. Pueblo Medical Imaging's billing records (Canyon), CMBL00001-02.
J. Select Physical Therapy's medical and billing records, SPT00001-09.
K. Align Med's medical and billing records, AM0001-159.
L. Interventional Pain and Spine Institute's medical and billing records, IPAS00001-108.
M. Surgical Arts Center's medical records, SAC00001-79.
N. American Medical Response's medical and billing records, AMRI00001-17.
O. Orthassist, LLC's medical and billing records, OL0001-04.
P. Monitoring Associates' medical and billing records, MACT00001-11.
Q. Centennial Hills Hospital's medical records, CHHM00001-395.
R. Desert Radiologists' billing records, DRIB00001-03.
S. Louis Mortillaro, Ph.D.'s medical and billing records, LFMP00001-58.
T. Canyon Medical's Billing records re Jackson Physical Therapy, Bates-stamped CMBL00001-06.
U. Southern Nevada Adult Mental Health Services' records, Bates-stamped SNAM00001-25.
V. Desert Radiologists' medical records, Bates-stamped DRI00001-12.
W. Spring Valley Hospital Medical Center's Billing records, Bates-stamped SVHM00001-15.
X. Western Regional Center for Brain and Spine Surgery's medical records, Bates-stamped WRCF00001-117.
Y. CD's of films from Align Med, Bates-stamped ALIGN-CD-00001 and ALIGN-CD-00002.
Z. Shadow Emergency Physician's medical and billing records, Bates-stamped SEP00001-83.
AA. Western Regional Center for Brain and Spine Surgery's medical and billing records, Bates-stamped WRCF00001-117.
BB. Anesthesiology Consultants, Inc.'s affidavit of no records, Bates-stamped ACI00001.
CC. Canyon Medical Billing for Centennial Hospital's medical and billing records, Bates-stamped CMBL00001-02.
DD. Advanced Orthopedics and Sports Medicine, PC's medical and billing records, Bates-stamped AOAS00001-34.
EE. Pueblo Medical Imaging's medical records, Bates-stamped PMIL00001-05.
FF. One 40 Beauty Lounge's Employment Records, Bates-stamped OBL00001-11.
GG. GEICO Claims File, Bates-stamped GEICO-00001-01135 and GGIC00001-1204; Recorded Statement of Plaintiff, Bates-stamped GEICO-AUDIO-00001 and GEICO-AUDIO-00002.
HH. Vege Nation's Employment Records, Bates-stamped V00001-35.
II. Care Now Urgent Care's medical records, Bates-stamped CUC00001-26.
JJ. Southern Hills Hospital Medical Center's Billing records, Bates-stamped SHHM00001-09.
KK. Southern Hills Hospital Medical Center's medical records, Bates-stamped SHHM00001-175.
LL. Walmart's medical and billing records, Bates-stamped WSI00001-06.
MM. Jackson Physical Therapy and Sport Medicine's medical and billing records, Bates-stamped JPTA00001.
NN. Spring Valley Hospital Medical Center's medical records, Bates-stamped SVHM00001-575.
OO. Southern Nevada Mental Health Services' medical and billing records, Bates-stamped SNAM00026-29.
PP. Wellhealth Quality Care's medical and billing records, Bates-stamped WQC00001-11.
QQ. Vege Nation's Employment Records, Bates-stamped V00036.
RR. Keith M. Lewis, M.D.'s medical records, KMLM00001.
SS. Southern Nevada Adult Mental Health Services' medical records, Bates-stamped SNAM00026-30.
TT. Trails Family Medical's medical records, TFM00001-51.
UU. CD of films from Southern Hills Hospital, SHH-CD-00001.
VV. GEICO Insurance Company's records, GGIC01205-1211.
XX. Lake Mead Radiologists' medical records, LMR00001.
YY. Nevada Department of Health and Human Services' records, NDOH00001-NDOH00045.
ZZ. Certificate no records, Healthcare Partners Nevada, HPNL00001-02.
AAA. LMR Upright MRI, affidavit of no records, LUM00001-LUM00002.
BBB. Premier Physical Therapy and Sports Performance's medical and billing records, PPTA00001-PPTA00120.
CCC. Southwest Medical/OPTUM Dept. of Radiology's medical records, SMDO 00001-SMDO 00003.
DDD. CD of films, Southwest Medical/OPTUM Dept. of Radiology, SMDO-CD-00001. The CD is available for inspection.
EEE. Martin Luther King Family Health Center's medical records and billing, MLKF00001-154.
FFF. Southwest Medical Associates' medical records and billing, SMA00001-64.
GGG. CD of Dr. David Oliveri's file, bates stamped DO-CD-00001.
HHH. Premier Physical Therapy and Sports Performance, Affidavit of no films, PPTA 00121.
(c) As to the following exhibits, the party against whom the same will be offered objects to their admission upon the grounds stated:
(1) Objections to Plaintiff's exhibits:
Any medical records, billings or claims for damages Plaintiff failed to disclose and produce in the FRCP Rule 26 disclosures, and/or submitted after the expiration of the discovery deadline; and any initial and rebuttal experts and their expert reports disclosed after the expert deadlines.
Defendant does not stipulate to the reasonableness, necessity, causation and/or relatedness of the medical records in the Exhibits.
(2) Objections to Defendant's exhibits:
None
(d) Electronic Evidence:
No party in this matter anticipates presenting electronic evidence to the jury.
(e) Depositions:
1. Plaintiff will offer the following depositions: Plaintiff does not intend to read any depositions at this time, but reserves the right to use depositions due to deponent unavailability, to refresh recollection and/or to impeach deposed witnesses.
2. Defendant will offer the following depositions: Plaintiff.
VIII. WITNESSES FOR TRIAL
The following witnesses may be called by the parties at trial:
(a) Plaintiff's Witnesses
1. REBECCA LEMPERLE c/o Paul D. Powell, Esq. The Powell Law Firm 6785 W. Russell Road, Suite 210 Las Vegas, Nevada 89118
REBECCA LEMPERLE is the Plaintiff in this action and is expected to testify as to her knowledge of the facts and and circumstances surrounding the incident that occurred on April 30, 2016, her injuries and treatment and other matters pertinent hereto.
2. VINCENT TJOTA c/o Josh Cole Aicklen, Esq. Lewis Brisbois Bisgaard & Smith, LLP 6385 Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118
VINCENT TJOTA is the Defendant in this action and is expected to testify regarding the facts and circumstances surrounding the incident that occurred on April 30, 2016 and other matters pertinent hereto.
3. The Person Most Knowledgeable AVIS RENT A CAR SYSTEMS, LLC c/o Josh Cole Aicklen, Esq. Lewis Brisbois Bisgaard & Smith, LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118
The Person Most Knowledgeable of AVIS RENT A CAR SYSTEMS, LLC is the Defendant and is expected to testify regarding the facts and circumstances surrounding the incident that occurred on April 30, 2016 and other matters pertinent hereto.
4. The Person Most Knowledgeable PV HOLDING CORP. c/o Josh Cole Aicklen, Esq. Lewis Brisbois Bisgaard & Smith, LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, Nevada 89118
The Person Most Knowledgeable of PV HOLDING CORP. is the Defendant and is expected to testify regarding the facts and circumstances surrounding the incident that occurred on April 30, 2016 and other matters pertinent hereto.
5. Janice Siau 1005 Lower Delta Singapore
Janice Siau, a passenger in Defendant Vincent Tjota's vehicle, is expected to testify regarding the facts and circumstances surrounding the incident that occurred on April 30, 2016 and other matters pertinent hereto.
6. Officer Almaguer, ID# 13467 c/o Las Vegas Metropolitan Police Department 400 S. Martin Luther King Boulevard Las Vegas, Nevada 89106
Officer Almaguer is expected to testify regarding the facts and circumstances surrounding the incident that occurred on April 30, 2016 and other matters pertinent hereto.
7. Joseph Camel 6711 West Tropicana Avenue, Apartment 359 Las Vegas, Nevada 89103 (702) 372-0253
Mr. Camel is Plaintiff's neighbor and is expected to testify as to his knowledge of the facts and circumstances surrounding the incident that occurred on April 30, 2016, how the crash has impacted Plaintiff and any other matters pertinent thereto.
8. Liz Torres 2312 North Green Valley Parkway, Apartment 212 Henderson, Nevada 89014 (714) 321-4234
Ms. Torres is Plaintiff's church friend and is expected to testify as to her knowledge of the facts and circumstances surrounding the incident that occurred on April 30, 2016, how the crash has impacted Plaintiff and any other matters pertinent thereto.
9. Maliena Stasher 1393 Whithorn Court Riverside, California 92507 (951) 880-4750
Ms. Stasher is Plaintiff's church friend and is expected to testify as to her knowledge of the facts and circumstances surrounding the incident that occurred on April 30, 2016, how the crash has impacted Plaintiff and any other matters pertinent thereto.
10. Person Most Knowledgeable Viva Las Vegan DBA VegeNation 616 East Carson Avenue, Suite 120 Las Vegas, Nevada 89101
Person Most Knowledgeable at Viva Las Vegan is expected to testify as to his or her knowledge of Plaintiff's Employment, any lost wages Plaintiff has incurred as a result of the accident and any other matters pertinent hereto.
11. Kristine Lukens, DC Marilyn Adair, DC Michael DiGregorio, MD Todd Gardner, DC Person Most Knowledgeable Custodian of Records Align Med 8680 W. Warm Springs Road, Suite 155 Las Vegas, Nevada 89148
12. Keith Lewis, MD Person Most Knowledgeable Custodian of Records Align Med MRI Center 2208 S. Nellis Boulevard, Suite 1A Las Vegas, Nevada 89104
13. Jorg Rosier, MD Person Most Knowledgeable Custodian of Records Interventional Pain and Spine Institute 851 S. Rampart Boulevard, Suite 100 Las Vegas, Nevada 89145
14. Jorg Rosier, MD Person Most Knowledgeable Custodian of Records Surgical Arts Center 9499 W. Charleston Boulevard, Suite 250 Las Vegas, Nevaa 89117
15. Person Most Knowledgeable Custodian of Records Anesthesiology Consulants PO Box 50209 Henderson, Nevada 89016
16. Jason Garber, MD Person Most Knowledgeable Custodian of Records Western Regional Center for Brain and Spine Surgery 2471 Professional Court Las Vegas, Nevada 89128
17. Louis Mortillaro, Ph.D. Person Most Knowledgeable Custodian of Records Louis Mortillaro, Ph.D., Ltd. 501 S. Rancho Drive, Suite F-37 Las Vegas, Nevada 89106
18. Deirdre O'Reilly, MD Salah Baydoun, MD Daniel Baldwin, MD Kathleen Cornia, MD Person Most Knowledgeable Custodian of Records Spring Valley Hospital Medical Center 5400 S. Rainbow Boulevard Las Vegas, Nevada 89118
19. Person Most Knowledgeable Custodian of Records Shadow Emergency Physicians, PLLC PO Box 13917 Philadelphia, PA 19101-3917
20. Person Most Knowledgeable Custodian of Records Desert Radiologists PO Box 3057 Indianapolis, Indiana 46206-3057
21. Jason Garber, MD Ahmed Mohamed, MD Person Most Knowledgeable Custodian of Records Centennial Hills Hospital 6900 N. Durango Drive Las Vegas, Nevada 89149
22. Person Most Knowledgeable Custodian of Records Monitoring Associates PO Box 459 Princeton, Louisiana 71067
23. Person Most Knowledgeable Custodian of Records Neuromonitoring Associates PO Box 459 Princeton, Louisiana 71067
24. Person Most Knowledgeable Custodian of Records Orthassist, LLC 28085 N. Ashley Circle, Suite 101 Libertyville, Illinois 60048-9758
25. Jeremy Dapprich, AMR Megan Leclair, AMR Person Most Knowledgeable Custodian of Records American Medical Response File 56141 Los Angeles, California 90074-0001
26. Steven Sogge, MD Eric Biesbroeck, MD Person Most Knowledgeable Custodian of Records Pueblo Medical Imaging 5495 S. Rainbow Boulevard, Suite 203 Las Vegas, Nevaa 89118
27. Person Most Knowledgeable Custodian of Records Wellhealth Quality Care 10100 W. Charleston Boulevard, Suite 210 Las Vegas, Nevada 89135
28. Casey Bartolo, PT Brandon Jackson, PT Michael Farren, PTA Danielle Riske, PTA Bart Taylor, DPT Tammi Full, PTA Person Most Knowledgeable Custodian of Records Jackson Physical Therapy 4765 S. Durango Drive, Suite 106 Las Vegas, Nevada 89147
29. Nick Liu, MD Megan Bichsel, PA-C Person Most Knowledgeable Custodian of Records Advanced Orthopedics & Sports Medicine 8420 W. Warm Springs Road, Suite 100 Las Vegas, Nevada 89113
30. Person Most Knowledgeable Custodian of Records Select Physical Therapy 400 Technology Drive, Suite 240 Canonsburg, PA 15317
31. Person Most Knowledgeable Custodian of Records Southern Nevada Adult Mental Health Services 6161 W. Charleston Boulevard Las Vegas, Nevada 89146
32. David Oliveri, MD 851 S. Rampart Boulevard, Suite 115 Las Vegas, Nevada 89145
33. Stan Smith, Ph.D. Smith Economics Group, Ltd. 1165 N. Clark Street, Suite 600 Chicago, Illinois 60610
34. Greta Gonzalez-Rios, MD Person Most Knowledgeable Custodian of Records Nevada Health Centers Martin Luther King Health Center 1799 Mount Mariah Drive Las Vegas, Nevada 89106
35. Richard Penfil, MD Person Most Knowledgeable Custodian of Records Southwest Medical Associates 2300 West Charleston Boulevard Las Vegas, Nevada 89106
36. Jared Morasco, DPT Person Most Knowledgeable Custodian of Records Premier Physical Therapy & Sports Performance 5546 South Fort Apache Road, Suite 100B Las Vegas, Nevada 89148
The above-listed witnesses (11-36) are expected to testify as to the cause, nature, and extent of Plaintiff's injuries, the reasonableness and necessity of medical treatment, the reasonableness of the cost of Plaintiff's treatment, the likelihood for future treatment, if any, and cost of said treatment, and any permanent disability Plaintiff is likely to suffer as a result of her injuries. These witnesses will also testify regarding the nature and extent of Plaintiff's permanent injuries and the restrictions these permanent injuries place on Plaintiff's daily lives.
Plaintiff hereby designates her treating physicians in this case as expert witnesses insofar as they will provide opinion testimony regarding the cause, nature and extent of Plaintiff's injuries, the reasonableness and necessity of their medical treatment, the reasonableness and customary nature of the cost of Plaintiff's treatment, the likelihood Plaintiff will require future treatment, the cost of any future treatment, and the permanent disability Plaintiff has suffered and will suffer in the future as a result of the injuries sustained in the subject-incident.
Plaintiff reserves the right to name additional witnesses should they become known. Plaintiff further reserves the right to utilize any witnesses named by Defendants.
(b) Defendant's Witnesses
1. Rebecca Lemperle, Plaintiff c/o Paul D. Powell, Esq. THE POWELL LAW FIRM 6785 W. Russell Road, Suite 210 Las Vegas, NV 89118 (702) 728-5500
Plaintiff is expected to testify regarding her knowledge of the facts and circumstances surrounding the accident on April 30, 2016, the alleged injuries, the medical treatment and records.
2. Person Most Knowledgeable Budget Rent A Car System, Inc. Erroneously sued as Avis Rent A Car Systems, LLC c/o Josh Cole Aicklen, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 (702) 893-3383
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident and any records.
3. Person Most Knowledgeable Custodian of Records Budget Rent A Car System, Inc. Erroneously sued as Avis Rent A Car Systems, LLC c/o Josh Cole Aicklen, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 (702) 893-3383
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident and any records.
4. Person Most Knowledgeable PV Holding Corp. c/o Josh Cole Aicklen, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 (702) 893-3383
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident and any records.
5. Person Most Knowledgeable Custodian of Records PV Holding Corp. c/o Josh Cole Aicklen, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 (702) 893-3383
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident and any records.
6. Vincent Tjota c/o Josh Cole Aicklen, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 (702) 893-3383
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident and any records.
7. Janice Siau c/o Josh Cole Aicklen, Esq. LEWIS BRISBOIS BISGAARD & SMITH LLP 6385 S. Rainbow Boulevard, Suite 600 Las Vegas, NV 89118 (702) 893-3383
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident and any records.
8. Custodian of Records/Person Most Knowledgeable Officer Almagauer, #13467 Las Vegas Metropolitan Police Dept. (LVMPD) 400 South Martin Luther King Blvd. Las Vegas, NV 89106 (702) 828-3111
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, the traffic accident report and records.
9. Custodian of Records/Person Most Knowledgeable Deidre O'Reilly, M.D. Michael W. Schunk, M.D. Howard Tischler, M.D. Oscar Rago, M.D. Kathleen Cornia, M.D. Spring Valley Hospital Medical Center 5400 S. Rainbow Blvd. Las Vegas, NV 89118 (866) 823-4250
The witnesses will testify regarding their knowledge of the facts and circumstances surrounding the subject accident on 4/30/16, Plaintiff's medical records and treatment for the subject accident, and medical records and treatment after the accident on 8/24/17.
10. Custodian of Records/Person Most Knowledgeable Megan LeClair, Paramedic Jeremy Dapprich, EMT American Medical Response (AMR) 7201 W. Post Rd, Las Vegas, NV 89113 (702) 384-3400
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
11. Custodian of Records/Person Most Knowledgeable Kristin Lukens, D.C. Marilyn Adair, D.C. Michael Digregorio, M.D. Todd Gardner, D.C. Ryan N. Kissling, D.C. Align Med 8680 W. Warms Springs Road, Suite 155 Las Vegas, NV 89148 (702) 538-39100
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
12. Custodian of Records/Person Most Knowledgeable Keith M. Lewis, M.D. Align Med MRI Center 2208 S. Nellis Blvd., Suite 1A Las Vegas, NV 89104 (702) 431-7696
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
13. Custodian of Records/Person Most Knowledgeable Hans Jorg Rosier, M.D. Andrew M. Hall, M.D. Interventional Pain & Spine Institute 851 South Rampart Blvd., Suite 100 Las Vegas, NV 89145 (702) 357-8004
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
14. Custodian of Records/Person Most Knowledgeable Hans Jorg Rosler, M.D. Surgical Arts Center 9499 W. Charleston Blvd., Suite 250 Las Vegas, NV 89117 (702) 933-3600
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
15. Custodian of Records/Person Most Knowledgeable Anesthesiology Consultants P.O. Box 50209 Henderson, NV 89016 (702) 878-0070
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
16. Custodian of Records/Person Most Knowledgeable Jason E. Garber, M.D. Las Vegas Neurosurgical Institute Center for Brain and Spine Surgery Western Regional Center for Brain and Spine Surgery 2471 Professional Court Las Vegas, NV 89128 (702) 835-0088
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
17. Custodian of Records/Person Most Knowledgeable Louis Mortillaro, Ph.D. Kristi A. Walter, Psy.D. Louis Mortillaro, Ph.D., Ltd. 501 South Rancho Drive, Suite F-37 Las Vegas, NV 89106 (702) 388-9403
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
18. Custodian of Records/Person Most Knowledgeable Shadow Emergency Physicians, PLLC P.O. Box 13917 Philadelphia, PA 19101-3917 (702) 355-2470
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
19. Custodian of Records/Person Most Knowledgeable Desert Radiologists P.O. Box 3057 Indianapolis, IN 46206-3057 (702) 759-8600
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
20. Custodian of Records/Person Most Knowledgeable Jason Garber, M.D. Ahmed Mohammed, M.D. Centennial Hills Hospital 6900 N. Durango Drive Las Vegas, NV 89149 (702) 835-9700
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
21. Custodian of Records/Person Most Knowledgeable Monitoring Associates, LLC 7455 West Charleston, #302 Las Vegas, NV 89128 (855) 864-4322
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
22. Custodian of Records/Person Most Knowledgeable Neuromonitoring Associates 9811 W. Charleston Blvd., Suite 2-641 Las Vegas, NV 89117 (801) 808-9538
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
23. Custodian of Records/Person Most Knowledgeable Orthassist, LLC 28085 N. Ashley Circle, Suite 101 Libertyville, IL 60078 (800) 515 9510
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
24. Custodian of Records/Person Most Knowledgeable Megan LeClair, Paramedic Jeremy Dapprich, EMT American Medical Response (AMR) 7201 W. Post Road Las Vegas, NV 89113 (702) 384-3400
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
25. Custodian of Records/Person Most Knowledgeable Steven Sogge, M.D. Eric Biesbroeck, M.D. Pueblo Medical Imaging 5495 S. Rainbow Blvd., Suite 203 Las Vegas, NV 89118 (702) 228-0031
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
26. Custodian of Records/Person Most Knowledgeable Wellhealth Quality Care 10100 W. Charleston Blvd., Suite 210 Las Vegas, NV 89135 (702) 304-5780
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
27. Custodian of Records/Person Most Knowledgeable Casey Bartolo, P.T. Michael Farren, P.T. Bart Taylor, P.T. Tammi Full, P.T. Jackson Physical Therapy 4765 S. Durango Drive, Suite 106 Las Vegas, NV 89147 (702) 898-7633
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
28. Custodian of Records/Person Most Knowledgeable Nick Liu, M.D. Megan Bischel, PC-C Advanced Orthopedics & Sports Medicine 8420 W. Warm Springs Road, Suite 100 Las Vegas, NV 89113 (702) 740-5327
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
29. Custodian of Records/Person Most Knowledgeable Javier J. Ibarra, PT Select Physical Therapy 2650 N. Tenaya Way, #180 Las Vegas, NV 89128 (702) 240-2952
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
30. Custodian of Records/Person Most Knowledgeable Adelwisa V. Lizada, M.D. Roger Durfey, MHC II Cheryl Philpotts, PN II Sandra Robertson, ON II Kelly Gomez, PN II Rosanna Octaviano, APRN John Wrpay, PN II Myra Schultz, Southern Nevada Adult Mental Health Services 6161 W. Charleston Blvd. Las Vegas, NV 89146 (702) 486-6045
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
31. Custodian of Records/Person Most Knowledgeable Nevada Medicaid 1100 East William Street, Suite 102 Carson City, NV 89701 (877) 638-3472
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
32. Custodian of Records/Person Most Knowledgeable Bikas Sharma, M.D. Trails Family Medical 6787 W. Tropicana Avenue Las Vegas, NV 89103 (702) 754-1744
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
33. Custodian of Records/Person Most Knowledgeable Care Now Urgent Care 4075 South Durango Drive, Suite 108 Las Vegas, NV 89147 (702) 701-9509
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
34. Custodian of Records/Person Most Knowledgeable Amanda Meyer Donald Lemperle Viva Las Vegan, LLC dba Vege Nation 616 East Carson Avenue, Suite 120 Las Vegas, NV 89101 (702) 366-8515
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's employment and records.
35. Custodian of Records/Person Most Knowledgeable Kathy Mone One 40 Beauty Lounge 1434 E. Lake Mead Pkwy., Suite 140 Henderson, NV 89015 (702) 373-3876
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's employment and records.
36. Custodian of Records/Person Most Knowledgeable Hugh Bassewitz, M.D. Desert Orthopaedic Center (DOC) 2800 E. Desert Inn Road, #100 Las Vegas, NV 89121 (702) 731-4088
The defense expert witness will testify regarding knowledge of the facts and circumstances surrounding the accident, the FRCP Rule 35 medical examination, the medical records review, Plaintiff's medical records and treatment, and expert reports.
37. Custodian of Records/Person Most Knowledgeable Sarah Martinez Eric A. Daly, Esq. GEICO STAFF COUNSEL 8345 W. Sunset Road, Suite 250 Las Vegas, NV 89113 (702) 233-9303 (520) 546-2520
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, GEICO's claims files, the records for the UM/UIM claim, and any records for the subsequent motor vehicle accident on 08/24/2017.
38. Custodian of Records/Person Most Knowledgeable Michael D. Digregorio, M.D. Action Medical Center 6655 West Sahara Avenue Las Vegas, NV 89146 (702) 644-6008
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
39. Custodian of Records/Person Most Knowledgeable Southern Hills Hospital 9300 W. Sunset Road Las Vegas, NV 89148 (702) 916-9000
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
40. Custodian of Records/Person Most Knowledgeable Keith M. Lewis, M.D. Lake Mead Radiologists 2559 Wigwam Parkway Henderson, NV 89074 (702) 982-3659
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
41. Custodian of Records/Person Most Knowledgeable Walmart Stores, Inc. 702 SW 8th Street, Bentonville, AR 72716 (800) 925-6278
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
42. Kevin B. Kirkendall, MBA, CPA, CFE Kirkendall Consulting Group, L.L.C. 1522 West Warm Springs Henderson, Nevada 89014 (702) 313-1617
The defense expert witness will testify regarding knowledge of the facts and circumstances surrounding the accident, the records review, Plaintiff's claims for lost earnings, the Plaintiff's expert reports and his expert reports.
43. Peter L. Weidenfeld, M.D. 2953 Kedleston Street Las Vegas, Nevada 89135 (702) 339-0581
The defense expert witness will testify regarding knowledge of the facts and circumstances surrounding the accident, the Independent Imaging Review and medical records, his expert reports and the Plaintiff's expert reports.
44. Custodian of Records/Person Most Knowledgeable Ertha A. Nanton, MD R. Webster, M.D. Martin Luther King Health Center Nevada Health Centers 1799 Mt. Mariah Drive Las Vegas, NV 89106 (800) 787-2568
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
45. Custodian of Records/Person Most Knowledgeable Greta Gonzales-Rios, M.D. Richard Penfil, M.D. Medicaid HPN Southwest Medical Associates 2300 West Charleston Las Vegas, NV 89102 (702) 877-8600
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
46. Custodian of Records/Person Most Knowledgeable Jared Morasco, DPT Premier Physical Therapy & Sports Performance 5546 S. Forth Apache, Suite 100B (702) 798-4778
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
47. Custodian of Records/Person Most Knowledgeable Sandra L. Abdullah, LCSW Alison Ledworowski, LCSW Nevada Health Centers Cambridge Family Health Center 3900 Cambridge Street, Suite 102 Las Vegas, NV 89119 (800) 787-2568
The witness will testify regarding knowledge of the facts and circumstances surrounding the accident, Plaintiff's medical records and treatment.
The witness will testify regarding knowledge of the facts and circumstances surrounding the subject event, Plaintiff's medical records and treatment.
Defendant reserves the right to call at trial any of the witnesses identified in Plaintiff's list of witnesses and reserve the right to call any person not named herein for rebuttal/impeachment purposes. Defendant reserves the right to call any Custodian of Records as may be necessary to testify as to the authenticity of the medical and billing records associated with Plaintiff's care and treatment.
IX. PROPOSED TRIAL DATES
June 2, 2020; June 9, 2020; June 16, 2020.
X. PROPOSED TRIAL DURATION
It is estimated that the trial will take a total of 4-5 days.
Approved as to form and content: Respectfully submitted,
DATED: October 10, 2019. DATED: October 10, 2019.
THE POWELL LAW FIRM LEWIS BRISBOIS BISGAARD & SMITH
LLP
By: /s/ Mike Kristof By: /s/ Josh Cole Aicklen
PAUL D. POWELL JOSH COLE AICKLEN
Nevada Bar No. 007488 Nevada Bar No. 007254
MICHAEL A. KRISTOF STEPHEN L. TITZER
Nevada Bar No. 007780 Nevada Bar No. 008289
8918 Spanish Ridge Avenue, #100 6385 South Rainbow Blvd., Suite 600
Las Vegas, NV 89148 Las Vegas, Nevada 89118
Attorneys for Plaintiff Attorneys for Defendant
REBECCA LEMPERLE VINCENT TJOTA
XI. ACTION BY THE COURT
(a) This case is set down for jury trial on the stacked calendar on June 15, 2020 at 9:00 a.m.. Calendar call shall be held on June 10, 2020 at 1:30 p.m
(b) An original and two copies of each trial brief shall be submitted to the clerk for filing on or before at Calendar Call.
(c) Jury trials:
(1) An original and two (2) copies of all instructions requested by either party shall be submitted to the clerk for filing on or before at Calendar Call.
(2) An original and two (2) copies of all suggested questions of the parties to asked of the jury panel by the court on voir dire shall be submitted to the clerk for filing on or before at Calendar Call.
(d) Court Trials:
Not applicable.
The foregoing pretrial order has been approved by the parties to this action as evidenced by the signatures of their counsel hereon, and the order is hereby entered and will govern the trial of this case. This order shall not be amended except by order of the court pursuant to agreement of the parties or to prevent manifest injustice.
"IT IS SO ORDERED:"
DATED: October 16, 2019.
________
UNITED STATES DISTRICT JUDGE
EXHIBIT B
Letter from Defendant Vincent Tjota to Defense Counsel Requesting Trial Continuance, dated January 8, 2020, Bates Stamped DEF000437
Case No.: 2:18-cv-00202-JCM-DJA
Lemperle v. Tiota
My name is Vincent Tjota, I am a resident of Singapore and a named defendant in the subject litigation. I request for the trial to be continued in December 2020, as I need to take 2 weeks leave off from work to attend the trial in the United States, including the time required to travel to the United States from Singapore.
Respectfully,
________
Vincent Tjota
