National Railroad Passenger Corporation v. Young's Commercial Transfer, Inc. et al.

Filing 196

AMENDED FINAL PRETRIAL ORDER, signed by District Judge Dale A. Drozd on 4/25/2017. (Thorp, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NATIONAL RAILROAD PASSENGER
CORPORATION,
Plaintiff,

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No. 1:13-cv-01506-DAD-EPG

AMENDED FINAL PRETRIAL ORDER
v.
YOUNG’S COMMERCIAL TRANSFER,
INC., et al.,
Defendants.

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On March 7, 2017, this court issued a final pretrial order in this action. (Doc. No. 185.)

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National Railroad Passenger Corporation and Barbara Neu filed their filed objections on March

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20, 2017. (Doc. No. 186.) Rigoberto Jimenez, Jimenez Trucking, and Young’s Commercial

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Transfer, Inc. filed their objections on March 21, 2017. (Doc. No. 187.) Celia Ramirez filed a

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response to defendants’ objections on March 28, 2017. (Doc. No. 188.) Having considered the

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parties’ submissions, the court now issues this amended final pretrial order.

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The original complaint in this action was filed September 10, 2013, by National Railroad

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Passenger Corporation (“Amtrak”) against Young’s Commercial Transfer, Inc. (“Young’s”) and

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Rigoberto Fernandez Jimenez, individually and d/b/a Jimenez Trucking. (Doc. No. 1.) On

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September 5, 2014, that action was consolidated with Ramirez v. Jimenez, et al., Case No. 1:13-

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cv-02085. (Doc. No. 27.) On January 25, 2016, this court dismissed the parties in the lead case
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of the consolidated action, leaving claims brought by Celia Ramirez against Rigoberto Jimenez,

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Jimenez Trucking, Amtrak, Amtrak engineer Barbara Neu, BNSF Railway Company (“BNSF”),

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and Young’s, and claims brought in a cross-complaint by Rigoberto Jimenez, Jimenez Trucking,

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and Young’s against Amtrak and Barbara Neu. (Doc. No. 52.) On April 18, 2016, the parties

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stipulated to dismissal of BNSF as a party to the action. (Doc. No. 83.) On June 28, 2016, this

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court issued an order granting in part defendants’ motion for summary judgment, leaving only

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Celia Ramirez’s claims against Amtrak, Barbara Neu, Rigoberto Jimenez, Jimenez Trucking, and

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Young’s, as well as the cross-complaint by Rigoberto Jimenez, Jimenez Trucking, and Young’s

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against Amtrak and Barbara Neu.1 (Doc. No. 94.)

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On December 5, 2016, following the issuance of the court’s amended final pretrial order

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(Doc. No. 111), defendants collectively filed a stipulation wherein they agreed to: (i) admit joint

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and several liability to plaintiff Celia Ramirez for the injuries and damages, if any, arising out of

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the subject collision on September 19, 2011; and (ii) dismiss all cross-complaints against each

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other. (Doc. No. 151.)

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On December 6, 2016, the jury trial in this action commenced. The jury, however, was

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unable to reach a verdict. (Doc. No. 172.) The court held a status conference on February 14,

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2017, and agreed to issue a new pretrial order in preparation for retrial of the action, taking into

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account the defendants’ stipulation of December 5, 2016 in which they admitted liability. (Doc.

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No. 183.) As noted above, the court issued its final pretrial order on March 7, 2017. (Doc. No.

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185.)

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In light of defendants’ admission of liability, plaintiff Celia Ramirez now proceeds only

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on her negligence claims against defendants Amtrak, Barbara Neu, Rigoberto Jimenez, Jimenez

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Trucking, and Young’s with respect to causation and damages.

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I.

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JURISDICTION/VENUE
Jurisdiction is predicated on 28 U.S.C. § 1331. This court exercises jurisdiction of

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For ease of reference and in light of the parties remaining in this action, this pretrial order will
refer to Celia Ramirez as the plaintiff in this action, and to Amtrak, Barbara Neu, Rigoberto
Jimenez, Jimenez Trucking, and Young’s as the defendants.
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plaintiff’s state law claims pursuant to 28 U.S.C. § 1367(a). Jurisdiction is not contested.

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Venue is proper pursuant to 28 U.S.C. § 1391 and is not contested.
II.

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JURY
Both parties have demanded a jury trial.

III.

UNDISPUTED FACTS
1.

Geer Road is a two-lane, asphalt-paved road located in Modesto, California, that

runs north and south, with one lane for travel in each direction.

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2.

The lanes of travel on Geer Road were separated by solid double yellow lines.

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3.

Northbound traffic on Geer Road travels over a railway grade crossing before

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reaching an intersection with Santa Fe Avenue, a street parallel to the rail tracks, which has a stop

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sign thirty three feet south of its southern edge.

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4.

The rail crossing and the grade crossing warning system are on property owned

and maintained by BNSF Railway.
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On September 19, 2011, traffic control for northbound motorists on Geer road

included the following:

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i. highway-rail grade crossing pavement markings approximately 680 feet

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south of the crossing;

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ii. an advance highway-rail grade crossing warning sign, located

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approximately 308 feet south of the crossing;

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iii. a stop line on the pavement located approximately thirty five feet south of

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the crossing;

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iv. a mast mounted reflectorized crossbuck warning sign that was also

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equipped with red flashing warning lights;

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v. a warning bell; and

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vi. a crossing gate approximately twenty seven feet south of the crossing that

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are automatically activated by approaching trains.
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A similar array of active warning devices was also in place on the northwest side

of the crossing for southbound motorists.
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The presence of the crossing was visible to a northbound driver.

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8.

On September 19, 2011, at approximately 1:30 p.m., defendant Rigoberto Jimenez

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drove a 1991 Freightliner tractor truck, owned by him, in a northbound direction on Geer Road.

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pull trailer, both owned by Young’s Commercial Transfer.

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The train consisted of lead locomotive No. AM 77, with four coaches, and was

approximately 399 feet long.

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At the same time the train approached the Geer Road rail crossing, an Amtrak

train, No. 713, was traveling northbound from Bakersfield to Oakland.

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Defendant Jimenez was familiar with the crossing, and by his own estimation has

driven through the crossing more than one hundred times.

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The tractor passed the tracks at the Geer Road crossing and came to a stop before

reaching the intersection, such that the rear trailer remained across the tracks.

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Defendant Jimenez’s truck pulled two trailers containing tomatoes, a semi and a

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The train was operated by Amtrak engineer Barbara Ann Neu, who was acting in

the course and scope of her employment.

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Plaintiff Celia Ramirez was a passenger on the train.

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The train collided with the Jimenez trailer.

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Portions of the subject accident were captured by the front end camera on the

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locomotive, and by a camera on neighboring property.

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they were activated twenty eight seconds prior to the train’s arrival.

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Before the collision, defendant Neu sounded the horn, and continued to sound it

and bell warnings for eight seconds, from 13:37:52–13:38:00 event recorder time.

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The warning devices were working prior to, and at the time of the accident, and

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IV.

After sounding the horn and bell, defendant Neu applied the emergency brakes

DISPUTED FACTUAL ISSUES

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1.

The various speeds of the train as it approached the crossing.

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2.

Whether plaintiff Celia Ramirez was injured by the collision.

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3.

Whether plaintiff Celia Ramirez’s medical or other expenses are attributable to the
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subject incident.

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4.

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Whether plaintiff Celia Ramirez’s claimed expenses are reasonable and

compensable.

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Whether plaintiff Celia Ramirez suffered wage loss and loss of earning capacity as

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a result of the accident, and if so, what the reasonable amount of damages are for any losses.

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V.

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DISPUTED EVIDENTIARY ISSUES/MOTIONS IN LIMINE
The court does not encourage the filing of motions in limine unless they are addressed to

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issues that can realistically be resolved by the court prior to trial and without reference to the

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other evidence which will be introduced by the parties at trial.

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Any motions in limine are due no later than twenty one (21) days before trial.

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Opposition to defendant’s motions shall be filed no later than fourteen (14) days before trial and

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any replies shall be filed no later than ten (10) days before trial. Upon receipt of any opposition

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briefs, the court will notify the parties if it will hear argument on any motions in limine prior to

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the first day of trial.

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VI.

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SPECIAL FACTUAL INFORMATION: TORT ACTION FOR PERSONAL INJURY
Pursuant to Local Rule 281(b)(6)(iv), the following special factual information pertains to

this action:

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Factual Information

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1.

This action concerns the collision of an Amtrak train with the rear trailer of a

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tractor trailer combination that occurred on September 19, 2011, at a railroad crossing located

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near the intersection of Geer Road and Santa Fe Street in an unincorporated area of Modesto,

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California.

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Basis for Liability

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Plaintiff Ramirez contends that defendants are liable because they collectively

caused the Amtrak train collision. The parties have stipulated to negligence. (Doc. No. 151.)

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Basis for Defenses

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1.

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Defendants contend that plaintiff’s injuries were not caused by the collision, and

that plaintiff failed to mitigate her damages.
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Statutes, Ordinances, or Regulations Violated

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No statutes, ordinances, or regulations are relevant to this case.

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Applicability of Strict Liability or Res Ipsa Loquitur

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Neither strict liability nor res ipsa loquitur are applicable in this case.

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Factual Information as to Plaintiff

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1.

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thirty eight years old.

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Plaintiff was thirty three years old at the time of the incident. She is currently

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Plaintiff contends that she suffered injury to her back, shoulders, neck, hips, knee

and legs and feet as a result of the collision. A decompression and fusion at L5-S1 was

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performed that did not solve the problem. Defendants contend that the decompression and fusion

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surgery was not necessary and both Dr. Harvey Edmonds (plaintiff’s retained neurologist) and

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Dr. Kurt Miller (defendants’ retained neurologist) agree that the procedure was unnecessary.

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Plaintiff maintains that, in addition to the above, she suffers generalized anxiety disorder with

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panic attacks, depressive disorder, post-traumatic stress disorder, restless leg syndrome, weight

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gain due to restricted physical activity due to the effects of the collision, chronic low back pain,

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right gluteal muscle tear, leg weakness secondary to disuse atrophy, kinesophobia, carpal tunnel

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syndrome, migraine, and axonal sensory neuropathy.

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3.

Defendants assert that plaintiff suffered chronic lumbar back pain prior to the

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accident, dating back to 2005. Plaintiff acknowledges that she had back pain from time to time in

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the past, but disputes that she suffered from “chronic lumbar back pain.”

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4.

Plaintiff was taken to the Memorial Medical Center in Modesto via ambulance

after the incident and released that day. She was treated at several hospitals later.

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5.

Plaintiff asserts medical specials as of May 16, 2016 amounting to approximately

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$344,212.49. Defendants’ expert asserts the figure should be below $100,000. Plaintiff’s

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retained medical expert, Dr. Harvey Edmunds, has opined that plaintiff will need comprehensive

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multispecialty rehabilitation, at an estimated cost of $50,000.00. Plaintiff maintains that future

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medical expenses will exceed $326.848.

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disability.

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Plaintiff was not employed at the time of the incident, and claims continued

Plaintiff had not been employed for several years prior to the accident, and has not

sought employment since the accident.

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Plaintiff contends that had the accident not occurred, she would have attended

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college at UC Berkeley and obtained a bachelor’s degree. Her expert estimates past and future

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loss of salary and benefits at $1,163,676, unless she is able to resume her education and

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accomplish her employment objectives. Plaintiff maintains that loss of earnings/earning capacity

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claims range from $238,881 to $1,163,676 depending upon the period of disability

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$1,000,000.00 to $3,000,000.00 or more.

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Plaintiff is claiming damages for pain and suffering in the amount of

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VII.

Plaintiff does not claim property damage.

RELIEF SOUGHT

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1.

Plaintiff seeks damages for wage loss.

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2.

Plaintiff seeks damages for past and future hospital and medical expenses.

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3.

Plaintiff seeks damages for severe and pain and suffering.

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4.

Plaintiff seeks damages for loss of earning capacity and emotional distress.

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VIII.

POINTS OF LAW
The court summarizes the parties’ positions on several points of law below.2 Trial briefs

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addressing these points more completely shall be filed with this court no later than seven (7) days

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before trial in accordance with Local Rule 285.

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In addition, the court notes that at the first trial of this action, plaintiff requested that the jury be
instructed with CACI 3929 regarding a defendant who is found liable being also responsible for
additional harm resulting from the acts of others in providing reasonable required medical
treatment, even if that treatment was negligently performed. Defendants objected to the
instruction. The court declined to give it, determining that it did not apply in light of the evidence
introduced at trial. If plaintiff intends once again to request that this instruction be given, the
parties are directed to address in their trial briefs the issue of whether the instruction applies under
the facts of this case.
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California Negligence Law: General Duty of Reasonable Care

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“Everyone is responsible…for an injury occasioned to another by his or her want of

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ordinary care or skill in the management of his or her property or person, except so far as the

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latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.” (Cal.

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Civ. Code § 1714.) The elements of a negligence cause of action are: “(a) a legal duty to use due

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care; (b) a breach of such legal duty; [and] (c) the breach as the proximate or legal cause of the

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resulting injury.” Ladd v. County of San Mateo, 12 Cal. 4th 913, 917 (1996).

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“In most cases, courts have fixed no standard of care for tort liability more precise than

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that of a reasonably prudent person under like circumstances.” Ramirez v. Plough, Inc., 6 Cal.

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4th 539, 546 (1993). “But the proper conduct of a reasonable person under particular situations

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may become settled by judicial decision or be prescribed by statute or ordinance.” Id. at 547.

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CACI 401 instructs the jury as to the general standard of care.

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California Negligence Law: Operation of Motor Vehicles

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The basic standard of care for the operator of a motor vehicle is summarized by CACI

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700:
A person must use reasonable care in driving a vehicle. Drivers
must keep a lookout for pedestrians, obstacles, and other vehicles.
They must also control the speed and movement of their vehicles.
The failure to use reasonable care in driving a vehicle is negligence.
“‘The degree of care required in watching the movements of a particular machine depends

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upon the facts and circumstances existing at the time and place of the accident’ and a driver is

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required to use that degree of care, only, which would be required of a reasonably prudent driver

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under similar circumstances.” Whitford v. Pacific Gas & Elec. Co., 136 Cal. App. 2d 697, 702

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(1955). “The operator of a vehicle must keep a proper lookout for other vehicles or persons on

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the highway and must keep his car under such control as will enable him to avoid a collision;

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failure to keep such a lookout constitutes negligence.” Downing v. Barrett Mobile Home

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Transport, Inc., 38 Cal. App. 3d 519, 524 (1974).

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California Negligence Law: Operation of Railroads

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“Generally speaking the duty to exercise reasonable or ordinary care is imposed upon the

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operator of a railroad at public highway crossings with respect to persons traveling upon the
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highway and over the crossing, both as to the manner of operating the train and the maintenance

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of the crossing. The standard of care is that of the man of ordinary prudence under the

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circumstances.” Peri v. Los Angeles Junction Ry., 22 Cal. 2d 111, 120 (1943). “Ordinarily the

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issue of the negligence in crossing cases, whether the railroad was negligent . . . in the operation

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of the train, is one of fact as in other negligence cases.” Romo v. Southern Pac. Transportation

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Co., 71 Cal. App. 3d 909, 916 (1977). CACI 800 states the basic standard of care, as may

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applicable in accordance with federal law.

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California Negligence Law: Common Carriers

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“A carrier of persons for reward must use the utmost care and diligence for their safe

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carriage, must provide everything necessary for that purpose, and must exercise to that end a

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reasonable degree of skill.” Cal. Civ. Code § 2100. “The elevated standard of care for common

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carriers is ‘based on a recognition that the privilege of serving the public as a common carrier

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necessarily entails great responsibility, requiring common carriers to exercise a high duty of care

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towards their customers.’” Squaw Valley Ski Corporation v. Superior Court, 2 Cal. App. 4th

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1499, 1507 (1992), internal citations omitted. See also CACI 902.

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Causation

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Under California law, “A defendant’s negligent conduct may combine with another factor

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to cause harm; if a defendant’s negligence was a substantial factor in causing the plaintiff’s harm,

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then the defendant is responsible for the harm; a defendant cannot avoid responsibility just

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because some other person, condition, or event was also a substantial factor in causing the

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plaintiff’s harm; but conduct is not a substantial factor in causing harm if the same harm would

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have occurred without that conduct.” Yanez v. Plummer, 221 Cal. App. 4th 180, 187 (2013); see

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also CACI 431.

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IX.

ABANDONED ISSUES

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1.

All claims against defendant BNSF were dismissed by stipulation. (Doc. No. 83.)

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2.

Plaintiff’s negligence claim against defendant Amtrak based on failure to train

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employees was dismissed by this court’s order partially granting defendants’ motion for summary

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judgment. (Doc. No. 94.)
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3.

Plaintiff’s negligence claim against defendant Amtrak based on failure to warn

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passengers in emergency situations was dismissed by this court’s order partially granting

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defendants’ motion for summary judgment. (Doc. No. 94.)

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4.

All claims by defendants Rigoberto Jimenez, Jimenez Trucking, and Young’s

against defendants Amtrak and Barbara Neu were dismissed by stipulation. (Doc. No. 151.)

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5.

All defendants have stipulated to negligence, and contest only the issues of

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causation and damages. (Doc. No. 151.)

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X.

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WITNESSES
Witnesses shall be those listed in Attachment A. Each party may call any witnesses

designated by the other.
The parties dispute whether certain witnesses listed in the pre-trial order were timely

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disclosed and are appropriately designated as trial witnesses. (Doc. Nos. 186 at 3–9; 188 at 3–4.)

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Prior to the initial trial in this action, the court made note in its final pretrial order of the large

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number of witnesses listed by the parties in their joint pretrial statement, and admonished the

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parties that time limits on their presentations might be imposed to ensure compliance with the ten

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day trial length estimate. The parties ultimately called nine witnesses to testify during the initial

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trial. Based on this experience, the court anticipates that no witnesses beyond those who testified

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during the first trial will testify at the second trial. If the parties intend to call any additional

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witnesses, they shall notify the other parties and the court before the commencement of trial, and

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should be prepared to make a showing of good cause as to why the testimony of these witnesses

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is necessary. Plaintiff will be required to file and serve a list of any such additional witnesses no

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later than fourteen (14) days before trial, and defendants will be required to file and serve a list

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of those additional witnesses who will be called to testify in defendant’s case no later than seven

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(7) days before trial.

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A.

The court will not permit any other witness to testify unless:
(1)

The party offering the witness demonstrates that the witness is for the

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purpose of rebutting evidence that could not be reasonably anticipated at

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the pretrial conference, or
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(2)

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The witness was discovered after the pretrial conference and the proffering
party makes the showing required in paragraph B, below.

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B.

Upon the post pretrial discovery of any witness a party wishes to present at trial,

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the party shall promptly inform the court and opposing parties of the existence of

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the unlisted witnesses so the court may consider whether the witnesses shall be

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permitted to testify at trial. The witnesses will not be permitted unless:

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(1)

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The witness could not reasonably have been discovered prior to the
discovery cutoff;

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(2)

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The court and opposing parties were promptly notified upon discovery of
the witness;

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(3)

If time permitted, the party proffered the witness for deposition; and

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(4)

If time did not permit, a reasonable summary of the witness’s testimony

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was provided to opposing parties.
XI.

EXHIBITS, SCHEDULES, AND SUMMARIES
Plaintiff’s exhibits are listed in Attachment B. At trial, plaintiff’s exhibits shall be listed

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alphabetically. Defendant Amtrak’s exhibits are listed in Attachment C, and defendants Jimenez

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and Young’s exhibits are listed in Attachment D. At trial, defendants’ exhibits shall be listed

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numerically. Defendants Jimenez, Jimenez Trucking, and Young’s shall list exhibits using the

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numbers 100–299, and defendant Amtrak shall use the numbers 300 and on. All exhibits must be

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pre-marked.

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The parties must prepare exhibit binders for use by the court at trial, with a side tab

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identifying each exhibit in accordance with the specifications above, and with numbered pages

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for all exhibits. Each binder shall have an identification label on the front and spine.

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The parties are to exchange exhibits no later than twenty eight (28) days before trial.

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Any objections to exhibits are due no later than fourteen (14) days before trial. The final

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exhibits are to be delivered to the court by June 8, 2017. In making any objection, the party is to

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set forth the grounds for the objection. As to each exhibit which is not objected to, it shall be

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marked and received into evidence and will require no further foundation.
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A.

The court will not admit exhibits other than those identified on the exhibit lists

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referenced above unless:

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(1)

The party proffering the exhibit demonstrates that the exhibit is for the

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purpose of rebutting evidence that could not have been reasonably

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anticipated, or

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(2)

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The exhibit was discovered after the issuance of this order and the
proffering party makes the showing required in paragraph B, below.

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B.

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Upon the discovery of exhibits after the discovery cutoff, a party shall promptly
inform the court and opposing parties of the existence of such exhibits so that the

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court may consider their admissibility at trial. The exhibits will not be received

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unless the proffering party demonstrates:

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(1)

The exhibits could not reasonably have been discovered earlier;

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(2)

The court and the opposing parties were promptly informed of their

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existence;

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(3)

The proffering party forwarded a copy of the exhibits (if physically

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possible) to the opposing party. If the exhibits may not be copied the

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proffering party must show that it has made the exhibits reasonably

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available for inspection by the opposing parties

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XII.

DISCOVERY DOCUMENTS
Counsel must lodge the sealed original copy of any deposition transcript to be used at trial

with the Clerk of the Court no later than fourteen (14) days before trial.
The parties may use the following discovery documents at trial.
Reporter’s Transcripts and exhibits of depositions of:

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1.

Scott Berner

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2.

Cheryl Chandler

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3.

Marcus Chavez

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4.

Michael Crabtree

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5.

Charles Culver
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6.

Harvey Edmonds, M.D.

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7.

Maria Madalena Enes

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8.

James Flynn

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John Heberger

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10.

Brian Heikkila

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Rigoberto Jimenez

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12.

Dan Layton

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13.

Kurt Miller, M.D.

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14.

Barbara Neu

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15.

Officer Mathew McCain

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Celia Ramirez

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George Warren

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Discovery responses by:

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18.

Plaintiff, Celia Ramirez.

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19.

Rigoberto Fernandez Jimenez/Jimenez Trucking

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20.

Young’s Commercial Transfer, Inc.

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21.

National Railroad Passenger Corporation

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22.

BNSF

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Barbara Neu

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The parties may also use portions of depositions for impeachment purposes, as permitted by the

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Federal Rules of Evidence. In addition, the parties may use responses to interrogatories, request

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for admissions, and requests for production of documents in this case for impeachment purposes.

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XIII.

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FURTHER DISCOVERY OR MOTIONS
None. However, plaintiff anticipates producing additional medical records that will also

be the subject of testimony, since plaintiff has continued to receive medical treatment.

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XIV. STIPULATIONS

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None.
XV.

AMENDMENTS/DISMISSALS
Former defendant BNSF Railway Company has been dismissed pursuant to a stipulation

between plaintiff Ramirez and BNSF Railway Company
All claims by defendants Rigoberto Jimenez, Jimenez Trucking, and Young’s against
defendants Amtrak and Barbara Neu were dismissed by stipulation.
All defendants have stipulated to negligence, and contest only the issues of causation and
damages.
XVI. SETTLEMENT
The parties have taken part in private mediation which did not produce a settlement. In

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addition, settlement conferences before Magistrate Judge Grosjean took place on November 28,

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2016, and on April 11, 2017, but did not result in a settlement of this action. No further

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settlement conferences will be scheduled.

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XVII. JOINT STATEMENT OF THE CASE

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This lawsuit arises out of a collision involving a tractor-trailer combination rig and an

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Amtrak passenger train, which occurred at the rail crossing of Geer Road near Santa Fe Avenue

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in Denair, California on September 19, 2011. Plaintiff, Celia Ramirez, was a passenger on the

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Amtrak train.

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Defendant, Rigoberto Jimenez was the owner and operator of the tractor, and Young’s

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Commercial Transfer was the owner of the attached trailers involved in the accident. Barbara

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Neu was the engineer of the Amtrak train involved in the accident.

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Plaintiff Ramirez, alleges she was injured in the collision and seeks monetary damages for

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past and future medical expenses, past wage loss and loss of earning capacity, and for pain,

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suffering, and emotional distress.

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Defendants admit legal responsibility for this accident. However, defendants dispute the

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nature and extent of plaintiff Ramirez’s claimed medical injuries, and dispute the necessity and

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reasonableness of her medical treatment. Defendants also deny that plaintiff Ramirez is entitled
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to recover for wage loss and loss of future earnings.

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XVIII. SEPARATE TRIAL OF ISSUES

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None requested.
XIX. IMPARTIAL EXPERTS/LIMITATION OF EXPERTS

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None.
XX.

ATTORNEYS’ FEES
Neither party seeks attorneys’ fees.

XXI. TRIAL PROTECTIVE ORDER AND REDACTION OF TRIAL EXHIBITS
None.
XXII. ESTIMATED TIME OF TRIAL/TRIAL DATE
Jury trial is set for June 13, 2017, at 8:30 a.m. in Courtroom 5 before the Honorable Dale

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A. Drozd. Trial is anticipated to last no more than ten days. The parties are directed to Judge

13

Drozd’s standard procedures available on his webpage on the court’s website.

14

Counsel are to call Renee Gaumnitz, courtroom deputy, at [phone], one week prior

15

to trial to ascertain the status of the trial date.

16

XXIII. PROPOSED JURY VOIR DIRE AND PROPOSED JURY INSTRUCTIONS

17
18
19

The parties shall file any proposed jury voir dire seven (7) days before trial. Each party
will be limited to fifteen minutes of jury voir dire.
The court directs counsel to meet and confer in an attempt to generate a joint set of jury

20

instructions and verdicts. The parties shall file any such joint set of instructions fourteen (14)

21

days before trial, identified as “Joint Jury Instructions and Verdicts.” To the extent the parties

22

are unable to agree on all or some instructions and verdicts, their respective proposed instructions

23

are due fourteen (14) days before trial.

24

Counsel shall e-mail a copy of all proposed jury instructions and verdicts, whether agreed

25

or disputed, as a Word document to [e-mail] no later than fourteen (14)

26

days before trial; all blanks in form instructions should be completed and all brackets removed.

27

Objections to proposed jury instructions must be filed seven (7) days before trial; each

28

objection shall identify the challenged instruction and shall provide a concise explanation of the
15

1

basis for the objection along with citation of authority. When applicable, the objecting party shall

2

submit an alternative proposed instruction on the issue or identify which of his or her own

3

proposed instructions covers the subject.

4

XXIV. TRIAL BRIEFS

5
6
7

As noted above, trial briefs are due seven (7) days before trial.
XXV. CONCLUSION
Pursuant to Rule 16(e) of the Federal Rules of Civil Procedure and Local Rule 283 of this

8

court, this order shall control the subsequent course of this action and shall be modified only to

9

prevent manifest injustice.

10
11
12

IT IS SO ORDERED.
Dated:

April 25, 2017
UNITED STATES DISTRICT JUDGE

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16

1

ATTACHMENT A: Witnesses

2

1.

Michael Aldaco, Director, Admissions and Records, Contra Costa College

3

2.

Ramon Barrios, Amtrak

4

3.

Chief Scott Berner, Hughson Fire Protection District, 2316 3rd Street, Hughson,

5
6

CA [phone]
4.

7

Manuel Bravo, Young’s Commercial Transport, 2075 W. Scranton, Porterville,
CA 93257 [phone]

8

5.

Leo Calieco, Amtrak

9

6.

Zack Carlson, Amtrak

10

7.

Marcus Chavez

11

8.

Captain Michael Crabtree, Hughson Fire Protection District, 2316 3rd Street,

12

Hughson, CA [phone].

13

9.

Matt Dorland, BNSF employee

14

10.

Joe Duncan, Young’s Commercial Transport, 2075 W. Scranton, Porterville, CA

15

93257 [phone]

16

11.

Maria Madelena Enes, 8656 Peacock Way, Hilmar, CA 95324 [phone]

17

12.

Matt Fowles, California Highway Patrol, 601 N. 7th, Sacramento, CA 95831 (800)

18

835-5247

19

13.

Elijah Garza, 381 Danielle Way, #C, Woodlake, CA 93286, plaintiff’s son

20

14.

Jose Gonzalez, 27817 Avenue 146, Porterville, CA 93257 [phone]

21

15.

Jonathan Hines, Amtrak employee

22

16.

Trinity Hernandez, 381 Danielle Way, #C, Woodlake, CA 93286, plaintiff’s

23
24

daughter
17.

25

Julia Hernandez, 381 Danielle Way, #C, Woodlake, CA 93286, plaintiff’s
daughter

26

18.

Rigoberto Fernandez Jimenez

27

19.

Andrea John, 917 Zina Lane, Turlock, CA 95380 [phone]

28

20.

Jon Lindskoog, 5213 W. Main Street, Turlock, CA 95381 [phone]
17

1

21.

Julia Martinez, 451 E. Lakeview, Woodlake, CA 93286, plaintiff’s mother

2

22.

Officer Matthew McCain, Badge Number 018216, California Highway Patrol,

3

4030 Kiernan Avenue, Modesto, CA 95356. [phone]

4

23.

Kyle Michaels, Amtrak

5

24.

Barbara Ann Neu, 16073 Gramercy Drive, San Leandro, California 94579 (510)

6

278-6679

7

25.

Lizette Ponthier, Contra Costa College

8

26.

Celia Ramirez

9

27.

Zack Rey

10

28.

Greg Santos, Amtrak employee

11

29.

Ronny Schaefer, Amtrak employee

12

30.

Keith Schoon, Director, Community College Transfer Center, Transfer Alliance

13

Project, University of California, Berkeley, 2150 Kittredge Street, Suite 3A,

14

Berkeley, CA 94720 [phone]

15

31.

Marty Severance, Amtrak

16

32.

Theodore Sierra, plaintiff’s nephew

17

33.

Dennis Skeels, BNSF employee

18

34.

Dennis Stonecypher, BNSF employee

19

35.

Patrick Sullivan, Amtrak employee

20

36.

Anthony Tanachion, 1985 San Luis Street, Los Banos, CA 93635 [phone]

21

37.

George Warren, Amtrak employee

22

38.

Larry Young, Young’s Commercial Transfer, 2075 W. Scranton, Porterville, CA

23

93257 [phone]

24

Passengers

25

39.

Dominic Arnold, 535 Park Avenue, Apt. 6, Rodeo, CA 94572

26

40.

Kevin Arnold, 535 Park Avenue, Apt. 6, Rodeo, CA 94572

27

41.

Elizabeth Al-Iman, PO Box 11, Hayward, CA 94543 [phone]

28

42.

Rasun Allah, 1865 Tioga Pass Way, Antioch, CA 94531 [phone]
18

1

43.

Sharon Andres, 1271 Washington Ave., No. 726, San Leandro, CA 94577

2

44.

Monique Ballin, 1900 E. Street, Fresno, CA 93703 [phone]

3

45.

Desiree Carey, 8022 Tamoshanter Street, #296, Stockton, CA 95210 (805) 734-

4

7291

5

46.

Lynn Chase, 615 Chestnut, Corning, CA 96021

6

47.

Moises Chavez, 1912 35th Street, Oakland, CA 94601

7

48.

Reginald Durell Colbert, 333 Lester, Apt. 3A, Oakland, CA 94601

8

49.

Samyka Crane, 713 Putnam Way, Antioch, CA 94509

9

50.

Mageela Dixon, 1647 W. Kearney Blvd., Fresno, CA 93706 [phone].

10

51.

Marissa Elder

11

52.

Paul Farve, 3900 3rd Street, San Francisco, CA 94124 [phone]

12

53.

Santos Matilde Flores, 2752 58th Street, Apt. B, Huntington Park, CA 90255

13

54.

Jonathan Mark Freemantle, 515 Van Buren, Apt. D, Oakland, CA 94610 (510)

14
15

585-1424
55.

16
17

Aerisina Keyona George, 1027 Loughborouch Drive, Apt. A, Merced, CA 95346
[phone]

56.

18

Saundra Hardaway, 2553 Manchester Ave., #1, San Pablo, CA 94806 (510) 2301601

19

57.

Omar Jovel

20

58.

Mary Lou Lemas, 545 Road 29, grand Junction, CO 81504

21

59.

Alisha Little, 2107 White Forge Ct., Stockton, CA 95212 [phone]

22

60.

David J. Lobay, 42490 Road 415, Coarsegold, CA 93614

23

61.

Sheila Lockhart, 1900 E. Street, Fresno, CA 93703 [phone]

24

62.

Gwendolyn McClure, 2370 Lancaster Drive, San Pablo, CA 94806 [phone]

25

63.

Santos Naevae, 1604 Avenue 33, Oakland, CA 94601 [phone]

26

64.

Shikibullah Noori

27

65.

Jakhare Rankins, 3393 N. Millbrook, #44, Fresno, CA 93726 [phone]

28

66.

Christina Rivera, 15980 Drake Road, Guerneville, CA 95446 [phone]
19

1

67.

2

Non-Retained Treating Physicians:

3

68.

4
5

Arash Afari, M.D., TEMPLE COMMUNITY HOSPITAL, 235 North Hoover
Street, Los Angeles, CA 90026

69.

6
7

Charles Irvine Williams, 2410 Aberdeen, Apt. 15, San Pablo, CA 94806.

Patrick Alore, M.D., FRESNO IMAGING CENTER, 6191 N. Thesta, Fresno, CA
93710 [phone]

70.

Richard Anderson, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

8

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

9

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

10

71.

11
12

Street, Los Angeles, CA 90026
72.

13
14

Edward Barton, M.D., INTRANERVE, 13 S. Tejon, Suite 501, Colorado Springs,
CO 80903

73.

15
16

Randall Aybar, M.D., TEMPLE COMMUNITY HOSPITAL, 235 North Hoover

Jared Boothe, AMERICAN MEDICAL RESPONSE, 4701 Stoddard Road,
Modesto, CA 95354

74.

Daniel D. Brown, D.O., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

17

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

18

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

19

75.

20
21

Juan Avenue, Exeter, CA 93221
76.

22
23

Kenneth Chong, M.D., FRESNO IMAGING CENTER, 6191 N. Thesta, Fresno,
CA 93710 [phone]

77.

24
25

Jose Campos, M.D., KAWEAH DELTA EXETER HEALTH CLINIC, 1014 San

Mariella Corchado, M.D., FRESNO IMAGING CENTER, 6191 N. Thesta,
Fresno, CA 93710 [phone]

78.

Alma Corvera, P.A., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

26

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

27

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

28

79.

Stephanie Davis, PT, DASH THERAPY, 1827 S. Court Street, Visalia, CA 93277
20

1

80.

2
3

Kevin Do, M.D., PROSPICE MEDICAL GROUP, 4770 N. Cedar, Suite 103,
Fresno, CA 93726 [phone]

81.

Ruqayya Gill, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

4

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

5

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

6

82.

7
8

Ron Goldstein, M.D., THE INSTITUTE FOR HAND AND MICROSURGERY,
3000 W. MacArthur Blvd., Suite 600, Santa Ana, CA 92704

83.

Matthew Graber, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

9

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

10

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone].

11

84.

12
13

93710 [phone]
85.

14
15

86.

87.

Malcolm C. Johnson, M.D., DOCTORS MEDICAL CENTER, 2000 Vale Road,
San Pablo, CA 94806

88.

20
21

Cory Jacques, M.D., KAWEAH DELTA EXETER HEALTH CLINIC, 1014 San
Juan Avenue, Exeter, CA 93221

18
19

R. Marvin Jabola, M.D., MEMORIAL MEDICAL CENTER, 1700 Coffee Road,
Modesto, CA 95355

16
17

David Hang, M.D., FRESNO IMAGING CENTER, 6191 N. Thesta, Fresno, CA

Sean Johnston, M.D., CALIFORNIA IMAGING NETWORK, INC., 6641
Wilshire Blvd., Suite 105, Beverly Hills, CA 90211 [phone]

89.

Chadi Kahwaji, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

22

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

23

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

24

90.

Douglas Kerr, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

25

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

26

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

27
28

91.

Christine T. Ko, M.D., DOCTORS MEDICAL CENTER, 2000 Vale Road, San
Pablo, CA 94806
21

1

92.

2
3

Pablo, CA 94806
93.

4
5

94.

Tom Leskovar, M.D., PHYSICIAN’S IMAGING, 137 S. Aspen Court, Suite A,
Visalia, CA 93291 [phone]

95.

8
9

Dae Lee, M.D., BRENTWOOD ORTHOPEDIC AND SPINE SURGERY, 11980
San Vicente Blvd., Suite 114, Los Angeles, CA 90049

6
7

Christopher Lee, M.D., DOCTORS MEDICAL CENTER, 2000 Vale Road, San

Sean Mangskau, ET, AMERICAN MEDICAL RESPONSE, 4846 Stratos Way,
Modesto, CA 95356 [phone]

96.

Alexus Manneh, P.A., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

10

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

11

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

12

97.

Nick Mashour, M.D., PO Box 1867, Huntington Beach, CA 92647 [phone]

13

98.

Shirley McWilliams, LAC, SHIRLEY McWILLIAMS ACUPUNCTURE, INC.,

14
15

4770 N. Cedar, Suite 103, Fresno, CA 93726 [phone]
99.

16
17

CO 80903
100.

18
19

101.

102.

103.

28

Michael Rappaport, M.D., FRESNO IMAGING CENTER, 6191 N. Thesta,
Fresno, CA 93710 [phone]

104.

26
27

Miguel Palos, M.D., TEMPLE COMMUNITY HOSPITAL, 235 North Hoover
Street, Los Angeles, CA 90026

24
25

Shun Pa, M.D., MEMORIAL MEDICAL CENTER, 1700 Coffee Road, Modesto,
CA 95355

22
23

Kenneth C. Nieberg, M.D., BRENTWOOD ORTHOPEDIC AND SPINE
SURGERY, 11980 San Vicente Blvd., Suite 114, Los Angeles, CA 90049

20
21

Kristen Myles, CNIM, INTRANERVE, 13 S. Tejon, Suite 501, Colorado Springs,

Jerome Robson, M.D., PROSPICE MEDICAL GROUP, 4770 N. Cedar, Suite
103, Fresno, CA 93726 [phone]

105.

Glade Roper, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West
Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and
22

1
2

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone].
106.

3
4

Amjad Safvi, M.D., MID VALLEY IMAGING, 9500 Artesia Blvd., Bellflower,
CA 90706

107.

Michael Shin, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

5

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

6

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone].

7

108.

8
9

Roger Shortz, M.D., PROSPICE MEDICAL GROUP, 4770 N. Cedar, Suite 103,
Fresno, CA 93726 [phone]

109.

Gregg Shubert, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

10

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

11

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

12

110.

13
14

Street, Los Angeles, CA 90026
111.

15
16

Mohinder Sohal, M.D., TEMPLE COMMUNITY HOSPITAL, 235 North Hoover

Brian M. Swan, M.D., PROSPICE MEDICAL GROUP, 4770 N. Cedar, Suite 103,
Fresno, CA 93726 [phone]

112.

Jeffrey Swensen, M.D., KAWEAH DELTA DISTRICT HOSPITAL, 520 West

17

Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA and

18

Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]

19

113.

20
21

Steven Torres, M.D., FRESNO IMAGING CENTER, 6191 N. Thesta, Fresno, CA
93710 [phone]

114.

22

Thomas B. Traut, M.Ed., FUNCTIONAL ERGONOMICS, 4200 Truxton Avenue,
Suite 106, Bakersfield, CA 93309 [phone]

23

115.

Elizabeth Tully, M.D., 1014 San Juan Avenue, Exeter, CA 93221

24

116.

Jeffrey Wang, M.D., MEMORIAL MEDICAL CENTER, 1700 Coffee Road,

25
26

Modesto, CA 95355
117.

Angela Fisher Weaver, PA., KAWEAH DELTA DISTRICT HOSPITAL, 520

27

West Mineral King, Visalia, CA 93191 and 400 West Mineral King, Visalia, CA

28

and Urgent Care Center, 1633 S. Court Street, Visalia, CA 93277 [phone]
23

1

118.

2
3

Suite 103, Fresno, CA 93726 [phone]
119.

4
5

120.

121.

Ronald P. Ybarra, D.C., IBARRA CHIROPRACTIC, INC., 1524 South Mooney
Boulevard, Visalia, CA 93277 [phone]

122.

10
11

Darrell Wilson, AMERICAN MEDICAL RESPONSE, 4701 Stoddard Road,
Modesto, CA 95354

8
9

Moshe H. Wilker, M.D., BRENTWOOD ORTHOPEDIC AND SPINE
SURGERY, 11980 San Vicente Blvd., Suite 114, Los Angeles, CA 90049

6
7

Stephen E. Williams, P.A.-C, PROSPICE MEDICAL GROUP, 4770 N. Cedar,

Elizabeth Yoo, M.D., TEMPLE COMMUNITY HOSPITAL, 235 North Hoover
Street, Los Angeles, CA 90026

123.

12

Charles F. Xeller, M.D., PROSPICE MEDICAL GROUP, 4770 N. Cedar, Suite
103, Fresno, CA 93726 [phone]

13

Retained Experts:

14

124.

15
16

[phone], plaintiff’s expert
125.

17
18

126.

127.

128.

129.

Agnes M. Grogan, R.N., B.S., GROGAN & ASSOCIATES, 4186 Racquet Club
Drive, Huntington Beach, CA 92649 [phone], defendants’ expert

130.

27
28

James E. Flynn, P.D., J2 ENGINEERING, INC., 5234 E. Pine, Fresno, CA 93727
[phone], Amtrak’s expert

25
26

Harvey L. Edmonds, M.D., 728 E. Bullard, Suite 104, Fresno, CA 93710 (885)
267-2767), plaintiff’s expert

23
24

Charles L. Culver, 2951 Marina Bay Drive, Suite 130-474, League City, TX 77573
[phone], plaintiff’s expert

21
22

Cheryl R. Chandler, M.A., 8469 N. Millbrook, Suite 102, Fresno, CA 93720 (559)
248-8200, plaintiff’s expert

19
20

Joahnna D. Evans Budge, RN, 1581 W. Iron Horse Blvd., Bluffdale, UT 84065

John W. Heberger, CPA, 5900 North Fruit, Suite 102, Fresno, CA 93711 (559)
227-9772, plaintiff’s expert

131.

Brian Heikkila, DENNIN, HEIKKILA & ASSOCIATES, 312 Crosstown Drive,
24

1

No. 206, Peachtree city, GA 30269 [phone], Amtrak’s expert

2

132.

3

Steven D. Koobatian, Ph.D., C.R.C., VOCATIONAL DESIGNS, INC., 401 North
Church, Visalia, CA 93291 [phone], defendants’ expert

4

133.

5

Dan Layton, Dan Layton & Associates, 3941 Park Drive #20-306, El Dorado
Hills, CA 95762 [phone], Jimenez’ expert

6

134.

7

Kurt V. Miller, M.D., 1660 East Herndon, Suite 150, Fresno, CA 93720,
defendants’ expert

8

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9

/////

10

/////

11

/////

12

/////

13

/////

14

/////

15

/////

16

/////

17

/////

18

/////

19

/////

20

/////

21

/////

22

/////

23

/////

24

/////

25

/////

26

/////

27

/////

28

/////
25

1

ATTACHMENT B: Plaintiff’s Exhibit List

2

Medical Bills and Records

3

1.

AIM Radiology

4

2.

American Medical Response

5

3.

California Imaging Network

6

4.

Jose Campos, M.D.

7

5.

Dash Physical Therapy

8

6.

Doctor’s Medical Center

9

7.

Fresno Imaging

10

8.

Ron Y. Goldstein, M.D./The Institute for Hand and Microsurgery

11

9.

Ronald Ibarra, DC

12

10.

Intranerve LLC

13

11.

Corey Jacques, M.D.

14

12.

Kaweah Delta District Hospital

15

13.

Kaweah Delta Health Care Clinics

16

14.

Nick Mashour, M.D.

17

15.

Memorial Medical Center

18

16.

Mid Valley Imaging

19

17.

Physician’s Imaging

20

18.

Prospice Medical Group

21

19.

Temple Community Hospital

22

20.

Elizabeth Tully, M.D.

23

21.

Moshe Wilker, M.D.

24

22.

Ronald Ybarra, DC

25

Reports

26

23.

Hughson Fire Department Reports

27

24.

Traffic Collision Report by CHP Officer McCain and supplements

28

25.

Reports and deposition exhibits of Harvey Edmonds, M.D.
26

1

26.

Reports and deposition exhibits of Kurt Miller, M.D.

2

27.

Reports and deposition exhibits of Dan Layton

3

28.

Reports of Agnes Grogan

4

29.

Reports of Steven Koobatian, Ph.D.

5

30.

Reports and deposition exhibits of Brian Heikkila

6

31.

Reports and depositions exhibits of James Flynn

7

32.

Reports and deposition exhibits of Charles Culver.

8

Other Exhibits

9

33.

Bates Nos. P 2.1-2.5, Ramirez Transcript, Scholarship and Transfer Documents

10

34.

Bates Nos. P1-P193 and P2.1-2.30, Ramirez Production

11

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12

/////

13

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14

/////

15

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16

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17

/////

18

/////

19

/////

20

/////

21

/////

22

/////

23

/////

24

/////

25

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26

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27

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28

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27

1
2

ATTACHMENT C: Defendant Amtrak’s Exhibit List
1.

Bates Nos. NRPC 00001-2, NRPC Locomotive Event Recorder/Camera Download

3

Custody Logs for locomotive unit 77 and cab car 8314; CD containing data from

4

locomotive event recorder

5

2.

6
7

Bates Nos. NRPC 00003-9, Tabular and graph data tables from locomotive event
recorder

3.

8

Bates Nos. NRPC 00010-00011, Unusual Occurrence Report dated 9/20/2011
completed by Greg Santos

9

4.

Bates Nos. NRPC 00012, Pacific Division Delay Report

10

5.

Bates Nos. NRPC 00013-14, Maintenance Analysis Program (MAP),

11
12

locomotive/cab car inspection reports for locomotive unit 77 and cab car 8314
6.

13
14

Bates Nos. NRPC 00015-71, Maintenance Analysis Program (MAP), locomotive
cab/car inspection and repair records

7.

15

Bates Nos. NRPC 00072-73, Recorded information, locomotive event recorder
(unit 77)

16

8.

Bates Nos. NRPC 00074, Train 713 consist

17

9.

Bates Nos. NRPC 00075, Centralized National Operations Center (CNOC) Report

18

from 9/20/2011

19

10.

Bates Nos. NRPC 00076-91, California Highway Patrol Police Report

20

11.

Bates Nos. NRPC 00092-93, Statements from Amtrak conductor Ronny Schaefer

21

and Assistant conductor Zack Carlson; Video from locomotive camera; Video

22

from security camera on premises of Associated Feed near the involved crossing

23

12.

Bates Nos. NRPC 00094, Work Order

24

13.

Bates Nos. NRPC 00095-258, Amtrak Air Brake and Train Handling Rules and

25
26

Instructions (AMT-3) effective January 10, 2011
14.

Bates Nos. NRPC 00259-274, Amtrak Safety Instructions for Transportation

27

employees on or about locomotives, cars or equipment (AMT-5) effective January

28

5, 2009
28

1

15.

2

Bates Nos. NRPC 00275-426, General Code of Operating Rules, 6th Edition,
Effective April 7, 2010

3

16.

Bates Nos. NRPC 00427-428, Amtrak Documents

4

17.

Bates Nos. NRPC 00429-572, Operating Manual, Genesis Series 1 – Diesel

5

Electric Locomotives

6

18.

Bates Nos. NRPC 00573, Weight Report

7

19.

Bates Nos. NRPC 00574-598, Alstom Documents

8

20.

Bates Nos. NRPC 00599-602, Amtrak Equipment Director

9

21.

Bates Nos. NRPC 00603-629, Miscellaneous Amtrak documents

10

22.

Bates Nos. NRPC 00630-640, U.S. Department of Transportation Crossing

11

Inventory, photos and diagram

12

23.

Bates Nos. NRPC 00641, Barbara Neu Efficiency Test

13

24.

Bates Nos. NRPC 00642, Work Order History, locomotive 77

14

25.

Bates Nos. NRPC 00643-796, 2011 System General Road Foreman Notices

15

26.

Bates Nos. NRPC 00797-821, Amtrak Equipment Work Orders

16

27.

Bates Nos. BNSF 00001-20, BNSF Inspection Report – highway grade crossing

17
18

tests and inspections
28.

19

Bates Nos. BNSF 00021-25, BNSF highway grade crossing signal post-incident
test: instructions and checklist

20

29.

Bates Nos. BNSF 00026-29, BNSF signal ticket report

21

30.

Bates Nos. BNSF 00030-55, General Track Bulletin No. 31571

22

31.

Bates Nos. BNSF 00056, Diagram of crossing on google maps satellite image

23

32.

Bates Nos. BNSF 00057-82, U.S. Department of Transportation – Crossing

24
25

Inventory information as of 9/20/2011
33.

26

Bates Nos. BNSF 00083-84, U.S. Department of Transportation-Federal Railroad
Administration Accident/Incident Reports for Crossing ID No. 028732U

27

34.

Bates Nos. BNSF 00085-110, Photographs from incident scene and photo log

28

35.

Bates Nos. BNSF 00111-121, Photographs of crossing showing train approach
29

1

36.

2

Bates Nos. BNSF 00122-124, Weather information and history for crossing
location dated 9/20/2011

3

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1

ATTACHMENT D: Defendant Jimenez and Young’s Exhibit List

2

1.

Bates Nos. DFJ001-DFJ024, Photographs of train

3

2.

Bates Nos. DFJ025-DFJ035, 09/28/11 SCA Appraisal Company Estimate re 2009

4

Utility Pull Trailer #2041

5

3.

Bates No. DFJ036, 09/29/11 Accord Automobile Loss Notice

6

4.

Bates Nos. DFJ037-DFJ040, Coastal Brokers Insurance Services First Notice of

7

Loss

8

5.

Bates Nos. DFJ041-DFJ076, Photographs of train and scene

9

6.

Bates Nos. DFJ077-DFJ083, Data Table from Amtrak re train speed and braking

10

7.

Bates No. DFJ084. California DMV Registration for 1991 Freightliner

11

8.

Bates Nos. DFJ085-DFJ106, 09/28/11 SCA Appraisal estimate with On Road

12

Tractor-Trailer Caption Report of Initial Inspection

13

9.

Bates Nos. DFJ107-DFJ108, Copy of Jimenez California driver’s license

14

10.

Bates Nos. DFJ109-DFJ185, Scottsdale Insurance Policy

15

11.

Bates Nos. DFJ185-DFJ188, Certificates of Title for Young’s Commercial

16

Transfer – Utility Trailer 4JZ1426 and 4JZ1427

17

12.

Bates Nos. DFJ189-DFJ196, 09/30/11 Crawford & Company Photo Sheets (scene)

18

13.

Bates Nos. DFJ197, Google maps of 4380 Geer Road

19

14.

Bates Nos. DFJ198, Modesto News photo

20

15.

Bates Nos. DFJ199, Google maps of 4380 Geer Road

21

16.

Bates Nos. DFJ200-DFJ201, Certificates of Title for Young’s for trailers

22

17.

Bates Nos. DFJ202, Salvage value re utility trailer

23

18.

Bates Nos. DFJ203, News 10 article on tomato hauler, Amtrak crash

24

19.

Bates Nos. DFJ204-DFJ209, SCA Appraisal Company Photos of truck and trailers

25

20.

Bates Nos. DFJ210, Modesto News photo

26

21.

Bates Nos. DFJ211-DFJ214, SCA Appraisal Company Photos of truck and trailer

27
28

debris
22.

Bates Nos. DFJ215, Google Maps Street photo 4380 Geer Road – view of rail
31

1

crossing

2

23.

3

Bates Nos. DFJ251-DFJ255, 09/19/11 Accident Report with diagram, handwritten
report by Jose Gonzalez and statement by Jimenez

4

24.

Bates Nos. DJF256-DFJ268, 09/19/11 Traffic Collision Report by CHP McCain

5

25.

Bates Nos. DFJ269-DFJ270, 10/13/11 Santos Matilde Flores letter to CHP

6

26.

Bates Nos. D DFJ271-DFJ273, 11/14/11 Narrative/Supplemental Traffic Collision

7

Report by CHP McCain

8

27.

Bates Nos. DFJ274-DFJ275, 11/28/11 David Lobay letter to CHP

9

28.

Bates No. DFJ276, 11/14/11 Narrative/Supplemental Traffic Collision Report by

10

CHP McCain

11

29.

Bates No. DFJ277, 12/26/11 Lynn Chase statement

12

30.

Bates No. DFJ278, 10/03/11 Narrative/Supplemental Traffic Collision Report by

13

CHP Balos

14

31.

Bates No. DFJ279, Truck/Bus Collision Supplemental Report by CHP McCain

15

32.

Letter to Celia Ramirez from Keith Schoon, TAP, University of California,

16

Berkeley

17

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32