Cooper et al v. Redding et al

Filing 49

PRETRIAL ORDER - Counsel estimate the length of trial will consume not less than 2 days, not more than 4 days, and probably about 3 days. Jury Trial set for 1/30/2017 at 09:00 AM in Courtroom 7, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Magistrate Judge Susan M. Bazis. Ordered by Magistrate Judge Susan M. Bazis. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JONATHAN COOPER,

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and
JEFFREY COOPER,
Plaintiffs,
SHAWN REDDING,

Defendant.

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ORDER ON FINAL PRETRIAL
CONFERENCE

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A final pretrial conference was held on the
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: [phone]
Facsimile: [phone]
E-mail: [e-mail]
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
[e-mail]

(A) Exhibits. Attached

Civil Action No. 8:15cv441

5th

day of January, 2017. Appearing

(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.

2

(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

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(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.

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(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.

HORNTON, #ATOOO 980
S T PE RSON LAW FIRM, LLP
T
awyer Building
133 West Broadway
P.O. Box 249
Council Bluffs, IA 51502
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
ATTORNEYS FOR DEFENDANT

C. ROBERTS
WILLIAM L. CA R
White, Graham, Buckley & Carr, LLC
19049 E. Valley View Pkwy, Suite C
Independence, Missouri 64055
816-33-9080
816-373-9319
[e-mail]
ATTORNEY FOR PLAINTIFFS

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BY THE COURT:

CERTIFICATE OF SERVICE

I hereby certify that on December 30, 2016, 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:
Joseph D. Thornton
SMITH PETERSON LAW FIRM
35 Main Place
P.O. Box 249
Council Bluffs, IA 51502
[e-mail]
ATTORNEYS FO DEFENDANTS.

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IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA

Jonathan Cooper
and
Jeffrey Cooper
Plaintiff(s),

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SECOND AMENDED LIST OF EXHIBITS

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v.

Case Number: 8:15-cv-00441
Courtroom Deputy:
Court Reporter:

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Shawn Redding
Defendant(s).

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Trial Date(s): January 30, 2017

EXHIBIT NO.
PLF

OF

3 PTY

DESCRIPTION

OFF

OBJ

1

Accident Report

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
dummy and dummy

R

16

Photo of guitar

R

17

Photo of guitar

R

H

RCVD

NOTRCVD

DATE

18

Fremont Medical recordsJonathan Cooper

19

Winslow EMS RecordsJonathan Cooper

20

Advanced Chiropractic
Records-Jonathan
Cooper

21

Cass Regional RecordsJonathan Cooper

22

Danny Carroll recordsJonathan Cooper

23

Harrisonville Family
Practice RecordsJonathan Cooper

24

Prairie Star RecordsJonathan Cooper

25

Dr. Parmar RecordsJonathan Cooper

26

Winslow EMS billJonathan Cooper

27

Fremont Medical billJonathan Cooper

28

Cass Regional bill Jonathan Cooper

29

Bone & Joint Specialists
bill-Jonathan Cooper

30

Prairie Star bill-Jonathan
Cooper

31

Dr. Parmar bill-Jonathan
Cooper

32

Midwest Anesthesia BillJonathan Cooper

33

Fremont Medical recordsJeffrey Cooper

34

St. Joseph recordsJeffrey Cooper

35

Coliseum records-Jeffrey
Cooper

R, A,
0

36

Pain Care records-Jeffrey
Cooper

37

Wellspring recordsJeffrey Cooper

38

Fremont bill-Jeffrey Cooper

39

St. Joseph bill-Jeffrey
Cooper

40

Coliseum bill - Jeffrey
Cooper

R,A,
0

41

Pain Care bill-Jeffrey
Cooper

R,A,O

42

Truett Swaim Report Jeffrey Cooper

R, H,
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 reportsJonathan Cooper

51

Truett Swaim curriculum
vitae

52

Any tangible item of
evidence associated with
this case

R, H,
A

53

Plaintiff reserves the right
to use any exhibits listed
on Plaintiffs 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 billJonathan Cooper

59

Advanced Chiropractic billJeffrey Cooper

60

General Radiology billJonathan Cooper

61

General Radiology billJeffrey 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
Jonathan Cooper bates
labeled 001121-001170

R

109

Facebookaccountof
Jeffrey Cooper bates
labeled 001039-001120

R

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 000809000811

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
06122109, 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 000274000279

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
0: 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:
TERRENCEJ.SALERNO
809 N. 96th Street, Suite 100
Omaha, NE 68114
402-502-9002
402-991-0037 facsimile
[e-mail]

C. ROBERT BUCKLEY
WILLIAM CARR
White, Graham, Buckley & Carr, LLC
19049 E. Valley View Pkwy, Suite C
Independence, Missouri 64055
816-33-9080
816-373-9319
[e-mail]

s/ Rebecca Lambertus