McCabe v. Ramparts, Inc.

Filing 296

MINUTES OF PROCEEDINGS - Continuation of Daubert/Motion Hearing held on 7/10/2012 before Judge Philip M. Pro. Crtrm Administrator: D. Sherwood; Pla Counsel: Robert W. Cottle, David A. Tanner; Def Counsel: Esther P. Holm, Jeffrey D. Olster, Dustin E. Woods; Court Reporter/FTR #: Joan Quiros, Henry Enriquez; Time of Hearing: 9:00 a.m.; Courtroom: 7C; Defendant's witnesses: Howard Tung, MD. Plaintiff's witnesses (Present Telephonically): Shawn P. DeRosa, Charles R. Haines. ORDERED Defendant's Motion to Exclude Cumulative Evidence 233 denied without prejudice. Defendant's Motion to Exclude Evidence Regarding Alleged Inadequacy of Luxor's Post-Incident Investigation 223 granted as stated in open court. Plaintiff's Motion to Exclude Arguments That the Warnings at the Luxor Complied with Nevada Law 137 denied as moot. (SEE ATTACHED MINUTES.) (Copies have been distributed pursuant to the NEF - DMS)

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UNITED STATES DISTRICT COURT DISTRICT OF NEVADA KEVIN McCABE, ) ) Plaintiff(s), ) ) vs. ) ) RAMPARTS, INC., d/b/a LUXOR) HOTEL AND CASINO, etc. ) ) Defendant(s). ) PRESENT: Case 2:08-CV-1232-PMP-GWF MINUTES OF THE COURT DATED: July 10, 2012 THE HONORABLE PHILIP M. PRO, U.S. DISTRICT JUDGE DEPUTY CLERK: Donna Sherwood RECORDER: Henry Enriquez, Joan Quiros COUNSEL FOR PLAINTIFF(S): David A. Tanner, Robert W. Cottle COUNSEL FOR DEFENDANT(S): Esther P. Holm, Dustin E. Woods, Jeffrey D. Olster PROCEEDINGS: CONTINUATION OF DAUBERT HEARING/HEARING ON PENDING MOTIONS IN LIMINE 9:00 a.m. Court convenes. HOWARD TUNG, MD, called on behalf of the Defendants, is sworn and examined by Ms. Holm and Mr. Cottle, then excused. The Court hears testimony. the objections of Mr. Cottle to Mr. Tung’s IT IS ORDERED the Motion in Limine to preclude Dr. Tung from testifying is denied. SHAWN P. DEROSA, called on behalf of the Plaintiff, is sworn and examined telephonically by Mr. Tanner and Ms. Holm and questioned by the Court, then is excused. 11:35 a.m. Court stands at recess. 1:35 p.m. Court reconvenes. 2:08-CV-1232-PMP-GWF 7/10/2012 Page 2 CHARLES R. HAINES, called on behalf of the Plaintiff, is sworn and examined telephonically by Mr. Cottle and Ms. Holm and questioned by the Court, then is excused. Counsel are in agreement with the Court’s proposal that objections to Dr. Oliveri’s expert opinions can be heard at the time of trial, but outside the presence of the jury before he testifies. IT IS ORDERED Defendants’ Motion to Exclude Cumulative Evidence [233] is denied without prejudice to renew specific objections at the time of trial. With respect to the experts, the Court will issue orders on Motions [149, 202 and 203]. The Court hears the arguments of counsel on Defendants’ Motion to Exclude Evidence Regarding Alleged Inadequacy of Luxor’s PostIncident Investigation [223]. IT IS ORDERED Defendants’ Motion to Exclude Evidence Regarding Alleged Inadequacy of Luxor’s Post-Incident Investigation [223] is granted to the extent stated in open court and as otherwise ordered with respect to expert testimony. IT IS ORDERED Plaintiff’s Motion to Exclude Arguments That the Warnings at the Luxor Complied with Nevada Law [137] is denied as moot as a result of earlier rulings by the Court. The Court hears the arguments of counsel on Plaintiff’s Motion to Exclude Defendant’s Expert Witness Opinions and Testimony That Violate the Nevada Collateral Source Rule [107]. The Court will render written rulings on all pending motions promptly. 3:40 p.m. Court adjourns. LANCE S. WILSON, CLERK By: /S/ Donna Sherwood, Deputy Clerk

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