Tate, Jr., M.D. v. University Medical Center Of Southern Nevada et al

Filing 343

MINUTES OF PROCEEDINGS - Jury Trial - Day 1 held on 12/6/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Jacob Hafter, John Aldrich; Def Counsel: Matthew Dushoff, Michael Davidson; also at counsel table: Anne Marie Landis, Mason Vanhouweling, Shane Godfrey; Court Reporter/Recorder: Felicia Zabin; Time of Hearing: 9:05 a.m. - 5:15 p.m.; Courtroom: 6D;Jury empanelled. Plaintiff's Witness: Kathleen Silver. Exhibits admitted. Jury Trial continued to 12/7/2016 at 09:00 AM in LV Courtroom 6D before Judge Jennifer A. Dorsey. (See Attached Minutes.) (Copies have been distributed pursuant to the NEF - DC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JAMES S. TATE, JR., M.D.,
Plaintiff,
vs.
UNIVERSITY MEDICAL CENTER
OF SOUTHERN NEVADA
Defendant(s).

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2:09-CV-01748-JAD-NJK

MINUTES OF THE COURT

DATED:12/6/2016

PRESENT: HONORABLE JENNIFER A. DORSEY, UNITED STATES DISTRICT JUDGE
DEPUTY CLERK: DANIELLE CACCIABAUDO REPORTER: FELICIA ZABIN
COUNSEL FOR PLAINTIFF(S): JACOB HAFTER, JOHN ALDRICH
COUNSEL FOR DEFENDANT(S): MATTHEW DUSHOFF, MICHAEL DAVIDSON, ALSO
SEATED AT COUNSEL TABLE: ANNE MARIE LANDIS (PARALEGAL), MASON
VANHOUWELING (UMC REPRESENTATIVE), SHANE GODFREY
PROCEEDINGS: Jury Trial - Day 1
9:04 A.M. Court convenes outside the presence of the prospective jury. The Court addresses the
Motion to Redact #334 and ORDERS the motion is granted in part and denied in part. The motion
is denied as to race. Tate 456-461, discussion will be redacted.
Mr. Hafter advises the Court that one of its witnesses has not been served, Dr. Craig Iwamoto. The
Court will take this matter under submission and advises counsel to continue to try to serve him
personally.
9:12 A.M. Court stands at recess.
9:20 A.M. Court reconvenes in the presence of forty-seven prospective jurors. All parties are
present.
The Court makes opening remarks, introduces the staff, has counsel introduce themselves and gives
a brief summary of the case to the prospective jurors. The prospective jurors are sworn and voir dire
commences.
10:51 A.M. Court stands at recess.
11:06 A.M. Court reconvenes in the presence of the prospective jury and the voir dire process
continues. All parties are present.

2:09-cv-01748-JAD-NJK
12/6/2016
12:25 P.M. Prospective jury is admonished and excused for a morning break.
Counsel exercise their peremptory challenges.
12:50 P.M. Court reconvenes in the presence of prospective jurors.
The jury is selected and sworn in. Unselected jurors are excused.
Court instructs the jurors on the order of trial proceedings.
1:00 P.M. Jury admonished and excused. Court stands at recess.
2:05 P.M. Court reconvenes in the presence of the jury. All parties are present.
Opening arguments are presented by Mr. Hafter on behalf of Plaintiff and Mr. Dushoff on behalf
of Defendant.
3:55 P.M. The jury is excused for an afternoon break. Court stands at recess.
4:06 P.M. Court reconvenes outside the presence of the jury. Mr. Hafter makes an oral motion to
renew plaintiff’s Motion to Strike Defendants' Untimely Supplement to Initial Disclosures #149. Mr.
Dushoff responds. The Court will take this matter under submission.
4:10 P.M. Jury is brought back into the courtroom. KATHLEEN SILVER called on behalf of the
Plaintiff, is sworn and testifies on direct examination by Mr. Hafter. Exhibits 1027 and 1009 are
marked and admitted into evidence. Exhibit 189 is marked, but not admitted.
4:52 P.M. The Court excuses the jury for the evening.
4:53 P.M. The Court hears arguments of counsel outside the presence of the jury regarding
objections to testimony of Kathleen Silver. The objection is sustained.

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2:09-cv-01748-JAD-NJK
12/6/2016
5:15 P.M. Court adjourns.
Jury Trial continued to Wednesday, December 7, 2016 at 9:00 A.M. in Courtroom 6D before
Judge Jennifer A. Dorsey.
LANCE S. WILSON, CLERK
United States District Court
By: /s/
Danielle Cacciabaudo, Deputy Clerk

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