Mocettini v. Kenworth Truck Company

Filing 84

STIPULATION and ORDER 82 regarding medical expenses and wage replacement benefits signed by Senior Judge William B. Shubb on 1/29/2015. Parties ordered that Exhibit 1 as attached shall be admitted as proof of amounts paid for past medical services provided to Louis Mocettini. It is further ordered pursuant to Joint Stipulation of parties, and for purpose of post-verdict Motions only, that this Stipulation establishes that Reliable Trucking paid wage continuation benefits to Louis Mocettini in the sum of $66,176.00 and Athens Administrators has paid Louis Mocettini temporary disability benefits and permanent disability benefits in the sum of $24,889.20. (Marciel, M)

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Clayeo C. Arnold, SBN 65070
Anthony M. Ontiveros, SBN 152758
Kiersta D. Perlee, SBN 187675
CLAYEO C. ARNOLD
A Professional Law Corporation
865 Howe Avenue
Sacramento, CA 95825
Tel: [phone]
Fax: [phone]
Email:[e-mail]
Email:[e-mail]

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Attorneys for Plaintiff LOUIS MOCETTINI

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LOUIS MOCETTINI,

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2:13-cv-01300-WBS-DAD

Plaintiff,

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Case No.:

v.
KENWORTH TRUCK COMPANY, A
DIVISION OF PACCAR, INC., and DOES 1
through 25, inclusive,
Defendants.

STIPULATION AND [PROPOSED]
ORDER REGARDING MEDICAL
EXPENSES AND WAGE
REPLACEMENT BENEFITS
Trial Date:
Time:
Judge:
Dept.:

February 3, 2015
9:00 a.m.
Hon. William B. Shubb
Courtroom 5, 14th Floor

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THE PARTIES, by and through their counsel of record hereby stipulate that the chart attached
hereto as Exhibit 1 reflects amounts paid for medical services provided to Louis Mocettini on the

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dates indicated and from the medical providers indicated such that the parties agree that there is no
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need for a witness to lay foundation for the medical expenses set forth in the chart, and Exhibit 1 may

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be admitted into evidence as proof of the amounts paid for past medical services. However, the

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parties continue to dispute whether the listed medical services were reasonable or necessary to treat

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the injuries which Louis Mocettini has put at issue in this action.

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-1STIPULATION AND [PROPOSED] ORDER REGARDING MEDICAL EXPENSES AND WAGE
REPLACEMENT BENEFITS

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Further, Reliable Trucking has filed a lien in this case for recovery of wage continuation

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benefits it paid to Louis Mocettini in the sum of $66,176.00. Additionally, the Third Party

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Administrator of Reliable Trucking’s workers’ compensation program, Athens Administrators, has

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notified the parties to this action that it has paid Louis Mocettini temporary disability benefits and

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permanent disability benefits in the sum of $24,889.20. The parties hereby stipulate for the purpose of

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post-verdict motions only, that these sums accurately represent amounts which Reliable Trucking and

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Athens Administrators paid to date to Louis Mocettini.
IT IS SO STIPULATED.
Dated: January 28, 2015

ARNOLD LAW FIRM

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By:

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/s/ Anthony M. Ontiveros
Anthony M. Ontiveros
Attorneys for Plaintiff, Louis Mocettini

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Dated: January 28, 2015

BUCHMAN PROVINE BROTHERS SMITH, LLP

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By:

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/s/ Horace W. Green
Horace W. Green
Attorneys for Defendant Kenworth Truck
Company, an unincorporated division of
PACCAR, Inc.

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Dated: January 28, 2015

LAW OFFICES OF CLARK W. PATTEN

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By:

/s/ Clark W. Patten
Clark W. Patten
Attorney for Arch Insurance Company & Reliable
Trucking, Inc.

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-2STIPULATION AND [PROPOSED] ORDER REGARDING MEDICAL EXPENSES AND WAGE
REPLACEMENT BENEFITS

ORDER

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Pursuant to the joint stipulation of the parties it is hereby ordered that Exhibit 1 as attached

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hereto shall be admitted as proof of the amounts paid for past medical services provided to Louis

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Mocettini.

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It is further ordered pursuant to the joint stipulation of the parties, and for the purpose of postverdict motions only, that this stipulation establishes that Reliable Trucking paid wage continuation

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benefits to Louis Mocettini in the sum of $66,176.00 and that Athens Administrators has paid Louis
Mocettini temporary disability benefits and permanent disability benefits in the sum of $24,889.20.
IT IS SO ORDERED.
Dated: January 29, 2015

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-3STIPULATION AND [PROPOSED] ORDER REGARDING MEDICAL EXPENSES AND WAGE
REPLACEMENT BENEFITS