Tate, Jr., M.D. v. University Medical Center Of Southern Nevada et al
| James S. Tate, Jr., M.D. |
| University Medical Center Of Southern Nevada, Steve Sisolak, Tom Collins, Larry Brown, Chris Giunchigliani, Susan Brager, Rory Reid, Medical and Dental Staff of the University Medical Center of Southern Nevada, Kathleen Silver, John Ellerton, M.D., Peter Mansky and Lawrence Weekly |
| 2:2009cv01748 |
| September 3, 2009 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Clark |
| Lloyd D. George |
| Robert J. Johnston |
| Plaintiff |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
410
ORDER. IT IS HEREBY ORDERED that 401 UMC's motion to compel plaintiff to pay and arrange for transcripts is GRANTED. Tate must reimburse UMC for the $5,664.80 payment that it has already made and for any additional payment that UMC is required to make to secure the final transcript once it has been completed. Signed by Judge Jennifer A. Dorsey on 9/19/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
405
ORDER Granting 404 Motion to Withdraw as Attorney. John P. Aldrich withdrawn from the case. Signed by Magistrate Judge Nancy J. Koppe on 7/13/17. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
384
ORDER: All meals and lodging for jurors shall be paid by the Clerk of Court. Signed by Judge Jennifer A. Dorsey on 12/28/2016. (Copies have been distributed pursuant to the NEF - DC)
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Filing
364
MINUTES OF PROCEEDINGS - Jury Trial - Day 7 held on 12/15/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Jacob Hafter, John Aldrich; Def Counsel: Matthew Dushoff, Michael Davidson; als o at counsel table: Anne Marie Landis, Mason Vanhouweling, Shane Godfrey; Court Reporter/Recorder: Felicia Zabin; Time of Hearing: 9:00 a.m. - 5:05 p.m.; Courtroom: 6D; Plaintiff's Witnesses: Craig Iwamoto and Stan Smith. Exhibits admitted.Jury Trial continued to 12/16/2016 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (SEE ATTACHED MINUTES) (Copies have been distributed pursuant to the NEF - DC)
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Filing
362
MINUTES OF PROCEEDINGS - Jury Trial - Day 6 held on 12/14/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Jacob Hafter, John Aldrich; Def Counsel: Matthew Dushoff, Michael Davidson, Dav id Edelblute; also at counsel table: Anne Marie Landis, Susan Pitz, Shane Godfrey; Court Reporter/Recorder: Felicia Zabin; Time of Hearing: 9:00 a.m. - 5:00 p.m.; Courtroom: 6D; Plaintiff's Witnesses: Rory Reid, Dale Carrison, Steve Sisolak, and Bradley Ballard. Exhibits admitted.Jury Trial continued to 12/15/2016 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (SEE ATTACHED MINUTES) (Copies have been distributed pursuant to the NEF - DC)
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Filing
360
MINUTES OF PROCEEDINGS - Jury Trial held on 12/13/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Jacob Hafter, John Aldrich; Def Counsel: Matthew Dushoff, Michael Davidson; also at cou nsel table: Anne Marie Landis, James Conway, Shane Godfrey; Court Reporter/Recorder: Felicia Zabin; Time of Hearing: 9:00 a.m. - 4:45 p.m.; Courtroom: 6D;Plaintiff's Witnesses: Martin Fakiel, Billy Jones and Maurice Gregory. Exhibits admitted. Jury Trial continued to 12/14/2016 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey.(See Attached Minutes.) (Copies have been distributed pursuant to the NEF - DC)
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Filing
343
MINUTES OF PROCEEDINGS - Jury Trial - Day 1 held on 12/6/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Jacob Hafter, John Aldrich; Def Counsel: Matthew Dushoff, Michael Davidson; also at counsel table: Anne Marie Landis, Mason Vanhouweling, Shane Godfrey; Court Reporter/Recorder: Felicia Zabin; Time of Hearing: 9:05 a.m. - 5:15 p.m.; Courtroom: 6D;Jury empanelled. Plaintiff's Witness: Kathleen Silver. Exhibits admitted. Jury Trial continued to 12/7/2016 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (See Attached Minutes.) (Copies have been distributed pursuant to the NEF - DC)
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Filing
335
ORDER: Defendants Motion in Limine 267 is GRANTED in part and DENIED in part as stated in this order and on the record at the November 30, 2016, calendar call. Plaintiffs Motion in Limine 284 is GRANTED in part and DENIED in part as stated on the record at the November 30, 2016, calendar call and summarized in this order. The parties requests for judicial notice of documents 301 , 309 , 310 , and 314 are DENIED. Defendants motion to exclude testimony 300 is GRANTED as stated on the record at the November 30, 2016, calendar call. Plaintiffs request to invoke the exclusionary rule 307 is GRANTED in part as stated on the record at the November 30, 2016, calendar call. Signed by Judge Jennifer A. Dorsey on 12/2/2016. (Copies have been distributed pursuant to the NEF - DC)
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Filing
274
ORDER GRANTING in part and DENYING in part 270 Motion for Leave to File Excess Pages. UMC's Motion in Limine 269 is DENIED without prejudice to the filing of a new Omnibus Motion in Limine of 35 pages or less, including tables, on or before 5:00 p.m. on November 10, 2016. Signed by Judge Jennifer A. Dorsey on 10/8/2016. (Copies have been distributed pursuant to the NEF - DC)
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Filing
260
ORDER Granting 257 Motion to Substitute Party. Richard Tate substituted for James S. Tate, Jr., M.D. Signed by Magistrate Judge Nancy J. Koppe on 9/23/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
254
ORDER. The Court hereby SETS a telephonic hearing regarding the settlement conference for this afternoon, 9/14/16, at 1:30 p.m. Counsel shall appear telephonically by calling the Court conference line at 877-402-9757 at least five minutes prior t o the hearing. The conference code is 6791056. In order to ensure a clear recording of the hearing, the call must be made using a land line phone. Cell phone calls, as well as the use of a speaker phone, are prohibited. Signed by Magistrate Judge Nancy J. Koppe on 9/14/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
252
ORDER re 251 Order Scheduling Settlement Conference. Due to conflicting duties of the Court, the settlement conference is hereby ADVANCED to 9:30 a.m. on September 15, 2016. Signed by Magistrate Judge Nancy J. Koppe on 8/5/16. (Copies have been distributed pursuant to the NEF - ADR)
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Filing
250
ORDER that this case is hereby referred to Magistrate Judge Nancy J. Koppe for a settlement conference. Signed by Judge Jennifer A. Dorsey on 6/8/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
247
ORDER denying ECF No. 220 Motion to Strike; denying ECF No. 223 Motion to Reconsider; denying ECF No. 224 Motion to Amend/Correct Complaint; denying ECF No. 239 Motion for Attorney Fees; and directing the parties to file the Proposed Joint Pretrial Order by 6/3/2016. Signed by Judge Jennifer A. Dorsey on 5/3/16. (Copies have been distributed pursuant to the NEF - JC)
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Filing
246
ORDER. The 146 Motion to Disqualify is DENIED without prejudice, the 147 Motion to Quash the Trial Subpoena is DENIED without prejudice, and the 148 Motion for Sanctions is DENIED. To the extent Defendants believe that submitted evidence or trial testimony renders Mr. Hafter's testimony necessary, they may seek that testimony through an appropriate request for relief from United States District Judge Jennifer A. Dorsey, at which time the parties may renew their arguments. Signed by Magistrate Judge Nancy J. Koppe on 2/5/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
237
ORDER. IT IS HEREBY ORDERED that a new Joint Pretrial Order will be due 30 days after the Court enters an order deciding the motions filed at ECF 146 , 149 , 220 , 223 , and 224 ;IT IS FURTHER ORDERED that all pending motions in limine ECF [1 64], 165 , 166 , 167 , 168 , 169 , 171 , 172 , 173 , 174 and the pending motions to file replies in support of those motions in limines ECF 197 , 199 , 227 , 229 , 231 , 233 , and 235 are DENIED without prejudice to their refiling c onsistent with the instructions above;IT IS FURTHER ORDERED that Defendants' Motion to Disqualify Jacob Hafter, Esq. as Trial Counsel; Plaintiff's Motion to Quash Trial Subpoena; Plaintiff's Motion for Sanctions; and Plaintiff' s Motion to Strike Defendants' Untimely Discovery Disclosures ECF: 146 , 147 , 148 , 149 are referred to Magistrate Judge Nancy J. Koppe.Signed by Judge Jennifer A. Dorsey on 12/4/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
225
ORDER. THE COURT ORDERS that the STAY in this matter 217 is LIFTED. THE COURT FURTHER ORDERS that the Clerk of the Court shall STRIKE the letter to the Court 210 . THE COURT FURTHER ORDERS that Plaintiff's Motion to Recuse 214 is DENIED.THE COURT FURTHER ORDERS that the Clerk of the Court shall transfer this matter to another District Judge. Signed by Judge Lloyd D. George on 12/1/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
217
ORDER THE COURT ORDERS that this matter is STAYED. THE COURT FURTHER ORDERS that the Jury Trial currently set for November 16, 2015, and the Calendar Call set for November 10, 2015, at 2:00 p.m. are VACATED. THE COURT FURTHER ORDERS that plaintif f shall file a status report regarding resolution of his Motion for Clarification of Memorandum thirty days from entry of this Order, and every sixty days thereafter until the Ninth Circuit Court of Appeals rules on that document. Further, upon the Ninth Circuit Court of Appeals resolution of that document, plaintiff shall promptly file a status report so informing the Court. Signed by Judge Lloyd D. George on 11/6/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
212
ORDER Granting in part and Denying in part 140 Motion for Summary Judgment as follows: 1) Defendants Steve Sisolak, Tom Collins, Larry Brown, Lawrence Weekly, Chris Giunchigliani, Susan Brager, and Rory Reid, in their ex officio capacity as the Board of Trustees of the University Medical Center of Southern Nevada,, are DISMISSED; 2: Defendant The Medical and Dental Staff of UMC is DISMISSED; and 3) The only remaining defendant in this action, University Medical Center of Southern Nev ada, is not entitled to immunity pursuant to the Health Care Quality improvement action as to any of Plaintiff, James Tate's remaining claims. Signed by Judge Lloyd D. George on 11/4/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing
150
ORDER that 141 Motion to Strike is DENIED. Signed by Judge Lloyd D. George on 9/16/15. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
124
CORRECTED ORDER Stricking 122 Letter re 121 Motion to Substitute Attorney. Responses due by 8/11/2015. Replies due by 8/14/2015. Signed by Magistrate Judge Nancy J. Koppe on 8/6/2015. (Copies have been distributed pursuant to the NEF - SLD)
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Filing
104
THE COURT ORDERS and ADJUDGES that Plaintiff, James S. Tate, Jr., M.D., recover nothing, that the action is dismissed, and that Defendants recover costs from the Plaintiff. Signed by Judge Lloyd D. George on 3/26/2013. (Copies have been distributed pursuant to the NEF - DXS)
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Filing
96
ORDER Granting 94 Motion for Leave to File Supplement to 91 Response to 86 MOTION for Summary Judgment. Signed by Judge Lloyd D. George on 10/2/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
84
PROTECTIVE ORDER on 83 Stipulation for Protective Order. Signed by Magistrate Judge Robert J. Johnston on 4/23/12. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
82
ORDERED that the parties shall file a joint Interim Discovery Status Report on May 21, 2012. Signed by Magistrate Judge Robert J. Johnston on 4/9/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
41
ORDER Granting 11 Motion to Dismiss as Follows: Plaintiffs prayer for punitive damages on his state law claims is DISMISSED with prejudice andPlaintiffs Claims 2-21, 23, and 24 are DISMISSED without prejudice. Signed by Judge Lloyd D. George on 9/23/10. (Copies have been distributed pursuant to the NEF - ASB)
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