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

Filing 360

MINUTES OF PROCEEDINGS - Jury Trial held on 12/13/2016 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Jacob Hafter, John Aldrich; Def Counsel: Matthew Dushoff, Michael Davidson; also at cou nsel table: Anne Marie Landis, James Conway, Shane Godfrey; Court Reporter/Recorder: Felicia Zabin; Time of Hearing: 9:00 a.m. - 4:45 p.m.; Courtroom: 6D;Plaintiff's Witnesses: Martin Fakiel, Billy Jones and Maurice Gregory. Exhibits admitted. Jury Trial continued to 12/14/2016 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.

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2:09-CV-01748-JAD-NJK

MINUTES OF THE COURT

DATED: 12/13/2016

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, DAVID
EDELBLUTE, ALSO SEATED AT COUNSEL TABLE: ANNE MARIE LANDIS (PARALEGAL),
JAMES CONWAY, (UMC REPRESENTATIVE), SHANE GODFREY
PROCEEDINGS: Jury Trial - Day 5
9:00 A.M. Court convenes outside the presence of the jury. Counsel advises the Court that the
parties have stipulated to defendant’s exhibits189 (redacted) and 199.
9:18 A.M. The jury enters the courtroom. MARTIN FAKIEL, is called on behalf of the Plaintiff,
is sworn and testifies on direct examination by Mr. Hafter. Exhibit 147 is marked, but not admitted.
Mr. Dushoff conducts cross examination. Mr. Hafter conducts redirect examination. Mr. Dushoff
conducts recross examination. Witness is excused.
BILLY JONES, is called on behalf of the Plaintiff, is sworn and testifies on direct examination by
Mr. Hafter. Exhibit 120 is marked and admitted into evidence.
10:30 A.M. The jury is admonished and excused for the morning break. Court stands at recess.
10:47 A.M. The Court reconvenes in the presence of the jury. Billy Jones resumes the stand on
continued direct examination by Mr. Hafter. Stipulated exhibit 189 is admitted into evidence.
Exhibits 191, 103, 26, 34, 38, and 198 are marked, but not admitted into evidence. Exhibit 100
is marked and admitted into evidence. Stipulated 1056 is admitted into evidence.
12:05 P.M. Jury is admonished and excused for the lunch break. Court stands at recess.

1:00 P.M. Court reconvenes outside the presence of the jury. The Court and counsel review the
heresay objections to plaintiff’s exhibits. The Court orders that pages marked “TATE 64 and
65" of exhibit 38 will be admitted. Exhibit 82 will not be admitted. Court reserves ruling as
to exhibit 191.
The Court DENIES plaintiff’s OBJECTIONS re LR IB 3-1 or MOTION for District Judge to
Reconsider Order re 335 Order on Motion [ECF 355]. Plaintiff’s exhibit 150, video of Dr. Tate
at Board of County Commissioner’s Meeting, is excluded from evidence.
Counsel advises the Court that because all of the exhibits in the joint exhibit list, excluding exhibit
1083 [ECF 305] have been stipulated to, should be admitted into evidence. The Court orders that
all of the joint exhibits, excluding exhibit 1083, are now admitted into evidence.
1:50 P.M. Billy Jones, having previously been sworn in, resumes the stand in the presence of the
jury on further direct examination by Mr. Hafter. Mr. Dushoff conducts cross examination. Mr.
Hafter conducts redirect examination. Mr. Dushoff conducts recross examination. Witness is
excused.
2:40 P.M. MAURICE GREGORY, is called on behalf of the Plaintiff, is sworn and testifies on
direct examination by Mr. Hafter.
3:00 P.M. Jury is admonished and excused for the afternoon break. Court stands at recess.
3:15 P.M. Court reconvenes in the presence of the jury. Maurice Gregory, having previously been
sworn in, resumes the stand on direct examination by Mr. Hafter. Mr. Dushoff conducts cross
examination. Mr. Hafter conducts redirect examination. Mr. Dushoff conducts recross examination.
Witness is excused.
4:41 P.M. Jury is admonished and excused for the evening.
The Court and counsel review the remaining witnesses and trial schedule outside the presence of the
jury.
4:45 P.M. Court adjourns.
Jury Trial continued to Wednesday, December 14, 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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