Filed: Apr. 04, 2017
Latest Update: Apr. 04, 2017
Summary: Stipulation and Order GLORIA M. NAVARRO , District Judge . The parties stipulate to various matters, as described below. 1. The TJX Companies, Inc. ("TJX") may file a third-party complaint against Mr. Hinojos' employer when accident described in his amended complaint happened, believed to be Forward Air. 2. Mr. Hinojos agrees to dismiss his second cause of action, with prejudice, each party to bear its own fees and costs incurred from that cause of action. 3. Mr. Hinojos' will not design
Summary: Stipulation and Order GLORIA M. NAVARRO , District Judge . The parties stipulate to various matters, as described below. 1. The TJX Companies, Inc. ("TJX") may file a third-party complaint against Mr. Hinojos' employer when accident described in his amended complaint happened, believed to be Forward Air. 2. Mr. Hinojos agrees to dismiss his second cause of action, with prejudice, each party to bear its own fees and costs incurred from that cause of action. 3. Mr. Hinojos' will not designa..
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Stipulation and Order
GLORIA M. NAVARRO, District Judge.
The parties stipulate to various matters, as described below.
1. The TJX Companies, Inc. ("TJX") may file a third-party complaint against Mr. Hinojos' employer when accident described in his amended complaint happened, believed to be Forward Air.
2. Mr. Hinojos agrees to dismiss his second cause of action, with prejudice, each party to bear its own fees and costs incurred from that cause of action.
3. Mr. Hinojos' will not designate any expert witnesses to testify concerning any standard of care TJX may have owed or how TJX may have breached that standard of care. TJX will not designate any expert witnesses to testify concerning any standard of care Mr. Hinojos may have owed or how he may have breached that standard of care. This stipulation does not affect Mr. Hinojos' or TJX's ability to designate expert witnesses, if needed, concerning its anticipated third-party complaint against Forward Air.
4. Mr. Hinojos is not asserting that he requires future medical treatment due to accident described in his amended complaint.
5. Mr. Hinojos received worker's compensation as a result of the accident described in his amended complaint. The entire worker's compensation file was obtained and has been disclosed as TJX000001-873. This file contains all of Mr. Hinojos' past medical treatment due to the accident described in his amended complaint. The parties stipulate the documents in this range are genuine and authentic for purposes of admissibility at trial, but reserve any further objections each may have to parts of specific records. The parties stipulate that the medical treatment and charges contained in the worker's compensation file, TJX000001-873, are causally related and reasonably necessary due to the accident described in the amended complaint. The parties may still dispute at trial the reasonable value of the services, as permitted by NRS 616C.215(10) and interpreted in Tri-Cty. Equip. & Leasing, LLC v. Klinke, 128 Nev. 352, 286 P.3d 593 (2012).
6. This stipulation has no impact upon the current scheduling order.
IT IS SO ORDERED.
