Filed: Jan. 10, 2017
Latest Update: Jan. 10, 2017
Summary: ORDER ON FINAL PRETRIAL CONFERENCE SUSAN M. BAZIS , Magistrate Judge . A final pretrial conference was held on the 6 th day of January, 2017. Appearing for the parties as counsel were: JOSEPH D. THORNTON, #AT0007980 SMITH PETERSON LAW FIRM, LLP The Sawyer Building 133 West Broadway P.O. Box 249 Council Bluffs, IA 51502 Telephone: (712) 328-1833 Facsimile: (712) 328-8320 E-mail: jdthornton@smithpeterson.com WILLIAM L. CARR C. ROBERT BUCKLEY White, Graham, Buckley & Carr, LLC 19049 E. Val
Summary: ORDER ON FINAL PRETRIAL CONFERENCE SUSAN M. BAZIS , Magistrate Judge . A final pretrial conference was held on the 6 th day of January, 2017. Appearing for the parties as counsel were: JOSEPH D. THORNTON, #AT0007980 SMITH PETERSON LAW FIRM, LLP The Sawyer Building 133 West Broadway P.O. Box 249 Council Bluffs, IA 51502 Telephone: (712) 328-1833 Facsimile: (712) 328-8320 E-mail: jdthornton@smithpeterson.com WILLIAM L. CARR C. ROBERT BUCKLEY White, Graham, Buckley & Carr, LLC 19049 E. Vall..
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ORDER ON FINAL PRETRIAL CONFERENCE
SUSAN M. BAZIS, Magistrate Judge.
A final pretrial conference was held on the 6th day of January, 2017. Appearing for the parties as counsel were:
JOSEPH D. THORNTON, #AT0007980
SMITH PETERSON LAW FIRM, LLP
The Sawyer Building
133 West Broadway
P.O. Box 249
Council Bluffs, IA 51502
Telephone: (712) 328-1833
Facsimile: (712) 328-8320
E-mail: jdthornton@smithpeterson.com
WILLIAM L. CARR
C. ROBERT BUCKLEY
White, Graham, Buckley & Carr, LLC
19049 E. Valley View Pkwy, Suite C
Independence, Missouri 64055
816-33-9080
816-373-9319
wcarr@wagblaw.com
(A) Exhibits. Attached
(B) Uncontroverted Facts. The parties have agreed that the following may be accepted as established facts for purposes of this case only:
1. Plaintiffs, Jonathan Cooper and Jeffrey Cooper are citizens of Missouri. Defendant, Shawn Redding, is a resident of Minnesota. Jurisdiction is based on 28 U.S.C. §1332 as Plaintiffs and Defendants are citizens of different states and the matter in controversy exceeds the value of $75,000.
2. On September 10, 2012, Plaintiff Jonathan Cooper was operating a vehicle in a southerly direction on Highway 77 in Winslow, Nebraska.
3. On September 10, 2012, Defendant, Shawn Redding, was operating a truck and trailer in a southerly direction on Highway 77 in Winslow, Nebraska.
4. Plaintiff, Jeffrey Cooper, was a passenger in an automobile operated by Jonathan Cooper as described in paragraph 2 above.
5. That on September 10, 2012, the tractor and trailer Defendant Shawn Redding was operating collided with the rear of the vehicle operated by Plaintiff, Jonathan Cooper.
6. The police were called following the accident.
7. Both Plaintiffs were taken to Fremont Area Medical Center and released the same day.
(C) Controverted and Unresolved Issues. The issues remaining to be determined and unresolved matters for the court's attention are:
The fault of the driver in each vehicle.
The amount of the Plaintiffs' damages.
Nature and extent of Plaintiffs' injuries and whether those injuries are permanent.
Causation of Plaintiffs' alleged injuries.
(D) Witnesses. All witnesses, including rebuttal witnesses, expected to be called to testify by plaintiffs, except those who may be called for impeachment purposes as defined in NECivR 16.2 (c) only, are:
1. Jeffrey Cooper, 524 River Drive, Branson, Missouri.
2. Jonathan Cooper, 625 Truman Drive, Branson, Missouri
3. Shawn Redding
5. Truett Swaim, M.D., 9233 Ward Parkway, Suite 365, Kansas City, Missouri.
6. Colton Bartels, D.C. 12643 Metcalf, Overland Park, Kansas
7. Prem Parmar, M.D., 23401 Prairie Star Parkway, Lenexa, Kansas 66227
8. Holly Cooper, 8711 Tinker Hill Circle, Lake Annette, Missouri 64746
9. Charlotte Cooper, 524 River Drive, Branson, Missouri
10. Deputy B. Kottich, Dodge County Sheriff's Office, 428 N. Broad, Fremont, NE
11. Elizabeth Jean Cooper, 625 Truman Drive, Branson, Missouri
12. Grace Botterbrodt, 614 9th Street, Scribner, NE 68057
13. Ryan Botterbrodt (same as Grace Botterbrodt)
All witnesses expected to be called to testify by defendant, except those who may be called for impeachment purposes as defined in NECivR 16.2 (c) only, are:
1. Jeffrey Cooper, 524 River Drive, Branson, Missouri.
2. Jonathan Cooper, 625 Truman Drive, Branson, Missouri
3. Shawn Redding
4. Dr. Lee Millward, M.D. Fremont Medical Center Emergency Department, 450 E. 23rd Street, Freemont, Nebraska
(E) Expert Witnesses Qualifications. Experts to be called by plaintiff and their qualifications are:
Truett Swaim (address above) and orthopedic specialist and independent medical examiner who examined plaintiffs.
Treating doctors (non-retained experts): Colton Bartels, D.C., a chiropractor who treated both Plaintiffs and Prem Parmar, M.D., an orthopedic surgeon who operated on Jonathan Cooper.
Experts to be called by defendant and their qualifications are:
None
(F) Voir Dire. Counsel have reviewed Federal Rule of Civil Procedure 47(a) and NECivR 47.2(a) and suggest the following with regard to the conduct or juror examination: The attorneys shall conduct Voir Dire.
(G) Number of Jurors. Counsel have reviewed Federal Rule of Civil Procedure 48 and NECivR 48.1 and suggest that this matter be tried to a jury composed of 8 members.
(H) Verdict. The parties will not stipulate to a less-than unanimous verdict.
(I) Briefs, Instructions, and Proposed Findings. Counsel have reviewed NECivR39.2(a), 51.1 (a), and 52.1, and suggest the following schedule for filing trial briefs, proposed jury instructions, and proposed findings of fact, as applicable: Trial briefs and proposed jury instructions should be due 5 working days before the start of trial or January 23, 2017.
(J) Length of Trial. Counsel estimate the length of trial will consume not less than 2 days, not more than 4 days, and probably about 3 days.
(K) Trial Date. Trial is set for January 30, 2017.
IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
Jonathan Cooper
and
Jeffrey Cooper SECOND AMENDED LIST OF EXHIBITS
Plaintiff(s),
v. Case Number: 8:15-cv-00441
Shawn Redding Courtroom Deputy:
Defendant(s). Court Reporter:
Trial Date(s): January 30, 2017
EXHIBIT NO.
PLF DF 3 PTY DESCRIPTION OFF OBJ RCVD NOT RCVD DATE
1 Accident Report H
2 Photo of accident scene
3 Photo of accident scene
4 Aerial Photo of accident
scene
5 Photo of sign on highway
6 Photo of accident scene
7 Photo of accident scene
8 Map of Winslow
9 Photo Plaintiff car
10 Photo Plaintiff car
11 Photo Plaintiff car
12 Photo Plaintiff car
13 Photo Plaintiff car
14 Photo Plaintiff car
15 Photo of ventriloquist R
dummy and dummy
16 Photo of guitar R
17 Photo of guitar R
18 Fremont Medical records—
Jonathan Cooper
19 Winslow EMS Records—
Jonathan Cooper
20 Advanced Chiropractic
Records—Jonathan
Cooper
21 Cass Regional Records—
Jonathan Cooper
22 Danny Carroll records—
Jonathan Cooper
23 Harrisonville Family
Practice Records—
Jonathan Cooper
24 Prairie Star Records—
Jonathan Cooper
25 Dr. Parmar Records—
Jonathan Cooper
26 Winslow EMS bill—
Jonathan Cooper
27 Fremont Medical bill—
Jonathan Cooper
28 Cass Regional bill—
Jonathan Cooper
29 Bone & Joint Specialists
bill—Jonathan Cooper
30 Prairie Star bill—Jonathan R, A,
Cooper O
31 Dr. Parmar bill—Jonathan
Cooper
32 Midwest Anesthesia Bill—
Jonathan Cooper
33 Fremont Medical records—
Jeffrey Cooper
34 St. Joseph records—
Jeffrey Cooper
35 Coliseum records—Jeffrey
Cooper
36 Pain Care records—Jeffrey
Cooper
37 Wellspring records—
Jeffrey Cooper
38 Fremont bill—Jeffrey Cooper
39 St. Joseph bill—Jeffrey
Cooper
40 Coliseum bill—Jeffrey R, A,
Cooper O
41 Pain Care bill—Jeffrey R, A, O
Cooper
42 Truett Swaim Report — R, H,
Jeffrey Cooper A
43 MRI—Jonathan Cooper
44 MRI—Jeffrey Cooper
45 CT Scan—Jeffrey Cooper
46 Medequip bill (CPM)—
Jonathan
47 Deposition Transcript
Shawn Redding and
exhibits
48 Photos of Defendant's
tractor and trailer
49 Exhibit 5 Shawn Redding
Deposition
50 Truett Swaim reports— R, H,
Jonathan Cooper A
51 Truett Swaim curriculum
vitae
52 Any tangible item of
evidence associated with
this case
53 Plaintiff reserves the right
to use any exhibits listed
on Plaintiff's list as well as
any exhibits either not
presently known to
Plaintiffs or are produced
or circulated after creation
of this list.
54 Any exhibits to be used for
impeachment
55 Any document produced by
any party in discovery
56 Any document identified in
any deposition
57 Advanced Chiropractic
Records— Jeffrey Cooper
58 Advanced Chiropractic bill—
Jonathan Cooper
59 Advanced Chiropractic bill—
Jeffrey Cooper
60 General Radiology bill—
Jonathan Cooper
61 General Radiology bill—
Jeffrey Cooper
DEFENDANT'S EXHIBITS
100 Exhibit 1 from deposition of
Jonathan Cooper (Photo of
Cooper vehicle)
101 Exhibit 2 from deposition of
Jonathan Cooper (Diagram
from police report bates
number 000004)
102 Exhibit 3 from deposition of
Shawn Redding (satellite
image of US 77)
103 Exhibit 4 from deposition of
Shawn Redding (satellite
image of US 77 and
railroad tracks)
104 Exhibit 5 from deposition of
Shawn Redding (Satellite
image of railroad tracks)
105 Exhibit 6 from deposition of
Shawn Redding (Satellite
image of highway 77 and
railroad tracks)
106 Exhibit 7 from deposition of
Shawn Redding (Satellite
image of highway 77 and
railroad tracks)
107 Exhibits 8-19 Photos of
Defendant Shawn
Redding's tractor
108 Facebook account of R
Jonathan Cooper bates
labeled 001121-001170
109 Facebook account of R
Jeffrey Cooper bates
labeled 001039-001120
110 Hotel Grand Victoria
Application for Employment
for Jeffrey Cooper,
000955-000958
111 Hotel Grand Victoria
Employment Application for
Jonathan Cooper, bates
labeled 000994-000997
112 Deposition transcript of
Jonathan Cooper
113 Deposition transcript of
Jeffrey Cooper
114 Records from Fremont
Area Medical Center X ray
hip dated 09/10/12, Bates
labeled 000577
115 Fremont Area Medical
Center Emergency
Documentation dated
09/10/12, bates labeled
000597-000599
116 Fremont Area Medical
Center Xray spine
lumbosacral dated
09/10/12, bates labeled
000579
117 Fremont Area Medical
Center X ray spine dated
09/10/12 Bates labeled
000578
118 Records from St Joseph
Medical Center for Jeffrey
Cooper, bates labeled
000871-000874
119 Pain Care Initial Evaluation
for Jeffrey Cooper dated
08/19/14 —bates labeled
000797-000799
120 Coliseum Imaging MRI for
Jeffrey Cooper dated
07/29/14, bates labeled
000705
121 Pain Care Re-evaluation
dated 12/16/14 and back
index for Jeffrey Cooper,
Bates labeled 000809-000811
122 Records from Advanced
Sports and Family
Chiropractic for Jeffrey
Cooper date of service
11/02/10, bates labeled
000281-000283
123 Records from Advanced
Sports and Family
Chiropractic for Jeffrey
Cooper Date of service
01/29/13, bates labeled
000158-000159
124 Records from Advanced
Sports and Family
Chiropractic for Jeffrey
Cooper date of service
06/22/09, bates labeled
000272-000273
125 Records from Advanced
Sports and Family
Chiropractic for Jeffrey
Cooper dates of service
from 08/12/09 to 04/26/10,
bates labeled 000274-000279
126 Records from Fremont
Area Medical center for
Jonathan Cooper
Emergency documentation
dated 09/10/12, bates
labeled 000666
127 Records from Fremont
Area Medical center for
Jonathan bates labeled
000683
and Jeffrey Cooper bates
labeled 000704
128 Cass Regional Medical
Center MR Upper joint for
Jonathan Cooper dated
12/07/12 — bates labeled
000576
129 Bone and Joint Specialists
records for Jonathan
Cooper, bates labeled
000709-000711
130 Advanced Sports and
Family Chiropractic records
for Jonathan Cooper date
of service 01/04/13, bates
labeled 000431-000436
131 Advanced Sports and
Family Chiropractic records
for Jonathan Cooper dates
of service in 2009, bates
labeled 000562-000565
132 Dr. Parmar progress note
dated 02/25/14, bates
labeled 000728
133 Dr. Parmar release from
care dated 05/12/14, bates
labeled 000729
134 09/13/12 MRI of Thoracic
Spine for Jonathan Cooper
bates labeled 000761
135 Bone and Joint Specialists
records dated 12/05/12 to
01/13/13 — bates labeled
000763-000767
135 Shawnee Mission medical
center x-ray of shoulder
dated 12/17/13 —bates
labeled 000713
137 Kansas City Sports and
Family Chiropractic chart
bates numbers —000716 to
000760
138 Kansas City Sports and
Family Chiropractic
Progress note for Jonathan
Cooper dated 05/12/14
bates labeled 000729
139 Any document produced by
any party (or by subpoena
to a non-party) in discovery
140 Any document identified in
any deposition
141 Any photographs or videos
produced in discovery
142 Any tangible item of
evidence associated with
this case
143 Defendant reserves the
right to use any exhibits
listed on Plaintiff's Exhibit
List, as well as, any
exhibits either not presently
known to Defendant or that
are produced or created
after circulation of this list.
Plaintiff also reserves the
right to present any exhibits
for the purpose of
impeachment.
OBJECTIONS
R: Relevancy
H: Hearsay
A: Authenticity
O: Other (specify)
CERTIFICATE OF SERVICE
I hereby certify that on January 6, 2017, I electronically filed the foregoing with the
Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following:
TERRENCE J. SALERNO C. ROBERT BUCKLEY
809 N. 96th Street, Suite 100 WILLIAM CARR
Omaha, NE 68114 White, Graham, Buckley & Carr, LLC
402-502-9002 19049 E. Valley View Pkwy, Suite C
402-991-0037 facsimile Independence, Missouri 64055
terry@tsalerno-law.com 816-33-9080
816-373-9319
bbuckley@wagblaw.com
s/ Rebecca Lambertus
_____________________
